Heustess v. Bladenboro Emergency Servs., Inc.

Citations: 791 S.E.2d 669; 2016 N.C. App. LEXIS 968Docket: 16-106

Court: Court of Appeals of North Carolina; September 20, 2016; North Carolina; State Appellate Court

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Defendants, including Bladenboro Emergency Services and several Emergency Medical Technicians (EMTs), appeal an order from the Robeson County Superior Court denying their motion to change venue from Robeson County to Bladen County. The case, initiated by Sonya Heustess as the administratrix of Ronnie Wayne Heustess's estate, arises from allegations of inadequate medical response following the decedent's collapse in February 2013. The plaintiff contends that the defendants failed to adhere to emergency protocols, improperly managed intubation, and did not ensure the decedent received adequate oxygen during transport to the hospital. The trial court found that venue was proper in Robeson County based on N.C. Gen. Stat. 1-77, despite the defendants' claim that N.C. Gen. Stat. 1-82 should apply. The Court of Appeals affirmed the trial court's decision, concluding that the venue was appropriately established in Robeson County.

An order denying a motion to change venue is categorized as interlocutory and is generally not immediately appealable, as established by North Carolina case law. Interlocutory orders do not resolve the case but allow for further action by the trial court. However, motions for change of venue based on improper county designation affect a substantial right and are immediately appealable. Defendants filed a motion for change of venue under N.C. Gen. Stat. 1-83, which allows for a change if the designated county is improper, mandating the trial court to grant the change if a proper demand is made. Venue determinations under this statute are reviewed de novo.

According to N.C. Gen. Stat. 1-77, certain actions must be tried in the county where they arose, particularly those against public officers or their agents, while other cases are tried in the county of residence of the parties. The trial court concluded that an agency relationship existed between Bladen County and Bladenboro EMS, determining that part of the plaintiff’s cause of action arose in Robeson County. The Supreme Court of North Carolina has set out criteria for applying N.C. Gen. Stat. 1-77, focusing on whether the defendant is a public officer and where the cause of action arose.

Defendants contend that N.C. Gen. Stat. 1-77 is inapplicable due to the plaintiff's dismissal of three county defendants and the lack of evidence that the remaining defendants qualify as public officers. They reference a previous case where an EMT was found not entitled to public official immunity, allowing for personal liability due to negligence.

Fraley does not apply in this context as established in Hyde v. Anderson, where the North Carolina Court of Appeals clarified that the criteria for designating a party as a public officer for venue purposes differs from those for determining sovereign immunity. The plaintiff argues that Bladenboro EMS, a nonprofit, was acting as an agent of Bladen County in delivering essential emergency medical services. To assess the agency relationship, one must evaluate the connection between the nonprofit and the county, as outlined in Odom v. Clark. North Carolina statutes establish a Statewide Emergency Medical Services System within the Department of Health and Human Services, defining emergency medical services as essential for community health and immediate medical needs. The statutes mandate that counties must provide emergency medical services and allow them to contract for such services. Regulatory requirements specify that no entity can operate emergency medical services without a valid permit or EMS Provider License. Bladenboro EMS and Bladen County formalized their relationship through a contract signed by their respective chairpersons.

Bladenboro EMS agreed to provide continuous emergency medical services (EMS) within its designated response area, utilizing sufficient equipment and personnel. Although the defendants asserted that Bladenboro EMS maintained complete control over its operations, it remained subject to applicable statutory regulations. To fulfill its statutory obligation to ensure EMS availability to its citizens, Bladen County contracted with Bladenboro EMS, establishing Bladenboro EMS as an agency of Bladen County for venue considerations. 

The plaintiff alleged that during transport from Bladen County to a hospital in Robeson County, the defendants failed to adequately monitor the decedent’s oxygen levels, leading to his death due to oxygen deprivation. While some negligent acts occurred in Bladen County, part of the cause of action transpired in Robeson County, making venue proper there under N.C. Gen. Stat. 1-77(2). The principle that venue exists where the acts or omissions occurred was cited, noting that actions can arise in multiple counties. 

The defendants contended that the trial court erred by not considering David D. Howell's affidavit and for conflicting findings. However, the trial court is not obligated to accept affidavits and may determine credibility independently. Consequently, the trial court's denial of the motion to change venue was upheld. The decision was affirmed by Judges Davis and Dietz.