Plaintiff Day filed a companion case in Wake County Superior Court and has appealed therefrom in which the facts and legal issues are identical, with the only difference being the named defendants. Therefore, the decision of Day v. Rasmussen, (No. COA05-1314) ___ N.C.App. ___, 629 S.E.2d 912, 2006 WL 1527128 (filed 6 June 2006), is controlling in the instant case, and we therefore

Affirm.

Judges CALABRIA and STEELMAN concur.