Defendant's petition for discretionary review is allowed for the limited purpose of remanding this case to the Court of Appeals for consideration of whether plaintiff's admission of defendant's deposition and failure to object to incompetent portions of said deposition evidence, during the partial summary judgment hearing, constituted a waiver of the protections of N.C.R.E. Rule 601(c), the North Carolina Deadman's Statute.

*639By order of the Court in Conference, this 3rd day of May, 2007.