All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Carolina Court of Appeals Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the North Carolina Reports and North Carolina Court of Appeals Reports, the latest print version is to be considered authoritative.
GLORIA BARHAM, Administratrix of the Estate of BILLY MELVIN BARHAM,
Deceased v. RODNEY J. HAWK, M.D. and HENDERSONVILLE EAR NOSE AND
On discretionary review pursuant to N.C.G.S. § 7A-31 of
a unanimous decision of the Court of Appeals, 165 N.C. App. 708,
600 S.E.2d 1 (2004), vacating a judgment entered on 21 March 2002
by Judge Marlene Hyatt in Superior Court, Polk County, and
remanding for a new trial. Heard in the Supreme Court 18 October
Blanchard, Jenkins, Miller, Lewis & Styers, P.A., by Robert O. Jenkins and E. Hardy Lewis, for plaintiff- appellee.
Shumaker, Loop & Kendrick, LLP, by S. Frederick Winiker, III and John D. Kocher, for defendant-appellants.
Justice TIMMONS-GOODSON 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 Crawford v. Commercial Union Midwest Ins. Co., 356 N.C. 609, 572 S.E.2d 781 (2002); Robinson v. Byrd, 356 N.C. 608, 572 S.E.2d 781 (2002).
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