IN THE
SUPREME COURT OF
No. 231PA08
FILED:
18 JUNE 2009
JORGE RODRIGUEZ-CARIAS, Employee
v.
NELSON’S AUTO SALVAGE & TOWING SERVICE, Employer
On
discretionary review pursuant to N.C.G.S. §7A-31 of a unanimous, unpublished
decision of the Court of Appeals, 189 N.C. App. 404, 659 S.E.2d 97 (2008),
affirming an opinion and award filed on 17 January 2007 by the North Carolina
Industrial Commission. Heard in the
Supreme Court 4 May 2009.
Scudder &
Hedrick, PLLC, by Alice Tejada, for plaintiff-appellee.
Bourlon &
Davis, P.A., by Thomas E. Davis, for defendant-appellant.
PER CURIAM.
Justice
HUDSON 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., Barham v. Hawk, 360
N.C. 358, 625 S.E.2d 778 (2006).
AFFIRMED.