Piro v. McKeever, 93A16

Decision Date21 December 2016
Docket NumberNo. 93A16,93A16
Citation794 S.E.2d 501 (Mem)
CourtNorth Carolina Supreme Court
Parties 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

Wyrick Robbins Yates & Ponton LLP, Raleigh, 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, Raleigh, 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.

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16 cases
  • Sykes v. Health Network Solutions, Inc.
    • United States
    • North Carolina Supreme Court
    • June 14, 2019
    ...the judgment of the superior court is affirmed without the decision becoming a precedent."); see also Piro v. McKeever , 369 N.C. 291, 291, 794 S.E.2d 501, 501 (2016) (per curiam) (affirming a Court of Appeals opinion without precedential value by an equally divided vote); CommScope Credit ......
  • Whitener v. Rutherford Cnty. Det. Ctr.
    • United States
    • U.S. District Court — Western District of North Carolina
    • September 21, 2021
    ... ... be generally recognized and diagnosed by professionals ... trained to do so.” Piro v. McKeever , 245 ... N.C.App. 412, 416, 782 S.E.2d 367, 371 (2016), ... aff'd 369 ... ...
  • Smith v. N.C. Dep't of Pub. Safety
    • United States
    • U.S. District Court — Western District of North Carolina
    • January 26, 2022
    ...diagnosed by professionals trained to do so.” Piro v. McKeever, 245 N.C.App. 412, 416, 782 S.E.2d 367, 371 (2016), aff'd 369 N.C. 291, 794 S.E.2d 501 (citations omitted). Conduct is “extreme and outrageous” when it “exceeds all bounds usually tolerated by a decent society.” Shreve v. Duke P......
  • Lemaitre v. Grindstaff
    • United States
    • U.S. District Court — Western District of North Carolina
    • September 21, 2020
    ... ... condition which may be generally recognized and diagnosed by professionals trained to do so." Piro v. McKeever, 245 N.C. App. 412, 416, 782 S.E.2d 367, 371 (2016), aff'd 369 N.C. 291, 794 S.E.2d 501 ... ...
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