Samost v. Duke University , 367 N.C. 185 ( 2013 )

IN THE SUPREME COURT OF NORTH CAROLINA
No. 218A13
20 December 2013
ALBERT H. SAMOST and TIMOTHY E. SHAUGHNESSY
v.
DUKE UNIVERSITY
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of
the Court of Appeals, ___ N.C. App. ___, 742 S.E.2d 257 (2013), affirming an order
granting judgment on the pleadings for defendant entered on 12 January 2012 by
Judge Orlando F. Hudson, Jr. in Superior Court, Durham County. Heard in the
Supreme Court on 19 November 2013.
Ekstrand & Ekstrand LLP, by Robert Ekstrand, for plaintiff-appellants.
Ellis & Winters LLP, by Paul K. Sun, Jr., Nora F. Warren, and Kelly Margolis
Dagger, for defendant-appellee.
PER CURIAM.
Justice JACKSON took no part in the consideration or decision of this case.
The remaining members of the Court are equally divided, with three members voting
to affirm and three members voting to reverse the decision of the Court of Appeals.
Accordingly, the decision of the Court of Appeals is left undisturbed and stands
without precedential value. See, e.g., Amward Homes, Inc. v. Town of Cary, 365 N.C.
305, 716 S.E.2d 849 (2011); State v. Pastuer, 365 N.C. 287, 715 S.E.2d 850 (2011).
SAMOST V. DUKE UNIV.
Opinion of the Court
AFFIRMED.
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