IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT
April 28, 2011
GOVERNMENT EMPLOYEES INSURANCE COMPANY, APPELLEE
JESSE AYERS, APPELLANT
Appeal from the Order of the Superior Court entered on August 18, 2008 at No. 839 WDA 2007, reversing the Order of the Court of Common Pleas of Allegheny County entered on April 16, 2007 at No. GD-05-29620, and remanding.
ARGUED: April 12, 2011
AND NOW, this 28th day of April, 2011, the Court being evenly divided, the Order of the Superior Court is AFFIRMED.
Madame Justice Orie Melvin did not participate in the consideration or decision of this case.
Mr. Chief Justice Castille and Messrs. Justice Saylor and Eakin would affirm, and Mr. Justice Saylor files an Opinion in Support of Affirmance.
Mr. Justice Baer, Madame Justice Todd, and Mr. Justice McCaffery would reverse.
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