Tyndall v. Ford Motor Co.

IN THE SUPREME COURT OF NORTH CAROLINA
No. 415PA12
FILED 8 NOVEMBER 2013
AMOS TYNDALL, as Guardian ad Litem for CHE-VAL BATTS
v.
FORD MOTOR COMPANY and ALEJANDRO ORTIZ RIOS
On writ of certiorari pursuant to N.C.G.S. § 7A-32(b) to review orders entered
by the Court of Appeals on 28 August 2012 dismissing defendant Ford Motor
Company’s appeal from and denying defendant Ford Motor Company’s petition for
writ of certiorari to review an order denying this defendant’s motion to dismiss
entered by Judge Thomas H. Lock on 25 January 2012 in Superior Court, Nash
County. Heard in the Supreme Court on 15 October 2013.
Martin & Jones, PLLC, by Hoyt G. Tessener; Langdon & Emison, by J. Kent
Emison, pro hac vice, and Jessica M. Agnelly, pro hac vice; and Womble Carlyle
Sandridge & Rice, PLLC, by Burley B. Mitchell, Jr. and Pressly M. Millen, for
plaintiff-appellee.
Kilpatrick Townsend & Stockton LLP, by Adam H. Charnes and Richard D.
Dietz; Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan L.L.P., by Kirk
G. Warner and Christopher R. Kiger; and Bowman and Brooke LLP, by Robert
L. Wise, pro hac vice, for defendant-appellant Ford Motor Company.
Pinto Coates Kyre & Brown, PLLC, by Kenneth Kyre, Jr., for North Carolina
Association of Defense Attorneys and North Carolina Chamber, amici curiae.
Carlton Fields, P.A., by Wendy F. Lumish, pro hac vice, and Alina Alonso
Rodriguez, pro hac vice; and Smith Moore Leatherwood LLP, by Jon
Berkelhammer, for Product Liability Advisory Council, amicus curiae.
PER CURIAM.
TYNDALL V. FORD
Opinion of the Court
Justice BEASLEY 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 orders of the Court of Appeals.
Accordingly, the orders of the Court of Appeals are left undisturbed.
AFFIRMED.
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