Piro v. McKeever

IN THE SUPREME COURT OF NORTH CAROLINA
No. 93A16
Filed 21 December 2016
MICHAEL C. PIRO
v.
REBECCA HADDEN MCKEEVER, L.C.S.W.; CYNTHIA L. SAPP, Ph.D.; KAREN
BARRY, M.F.T., LMFT; and DAVIDSON COUNSELING ASSOCIATES
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. ___, 782 S.E.2d 367 (2016), affirming an order
entered on 3 November 2014 by Judge Robert C. Ervin in Superior Court,
Mecklenburg County. Heard in the Supreme Court on 11 October 2016.
Wyrick Robbins Yates & Ponton LLP, by Tobias S. Hampson and Michelle D.
Connell, for plaintiff-appellant.
Epstein Law Firm, PLLC, by Andrew J. Epstein, for defendant-appellee
Rebecca Hadden McKeever, L.C.S.W.
McGuireWoods LLP, by Mark E. Anderson and Monica E. Webb, for National
Association of Social Workers, amicus curiae.
PER CURIAM.
In this case we consider whether plaintiff’s complaint sufficiently alleged
claims for negligent infliction of emotional distress and intentional infliction of
emotional distress. Because the members of the Court are equally divided as to both
issues, the holding of the Court of Appeals is left undisturbed and stands affirmed
without precedential value. See, e.g., State v. Long, 365 N.C. 5, 705 S.E.2d 735 (2011)
(per curiam); State v. Greene, 298 N.C. 268, 258 S.E.2d 71 (1979) (per curiam).
AFFIRMED.
Justice ERVIN did not participate in the consideration or decision of this case.