 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Meyer v. Walls9/5/1997
ORR, Justice.
On 9 February 1992, decedent Clearman I. Frisbee committed suicide by placing an explosive blasting cap in his mouth and detonating it with a battery. More than two years prior to Mr. Frisbee's death, the Buncombe County Department of Social Services ("DSS" or "Buncombe County DSS") petitioned the Buncombe County Clerk of Superior Court to declare Mr. Frisbee legally incompetent because his multiple medical and psychological problems rendered him "unable to manage his own affairs." On 28 November 1989, Mr. Frisbee was adjudicated legally incompetent, and defendant DSS was appointed as Mr. Frisbee's legal guardian. While under DSS' care, Mr. Frisbee was placed in and removed from several community care facilities because of his behavior. On 11 February 1991, Mr. Frisbee was admitted to Community Care of Haywood No. 3 ("Community Care # 3") by defendant Jo Ann Walls, the administrator of Community Care # 3. At that time, defendant Mackey Miller was the DSS social worker handling Mr. Frisbee's case, defendant Calvin E. Underwood was the director of the Buncombe County DSS, and defendant Kay Barrow was the supervisor of the Adult Protective Services Unit at the Buncombe County DSS. Because of their respective positions with DSS, both defendants Underwood and Barrow had general guardianship authority over Mr. Frisbee.
On 9 November 1993, plaintiff Patricia M. Meyer, as administratrix for the estate of Clearman I. Frisbee, filed a wrongful death action alleging that Mr. Frisbee's death was proximately caused by the negligence of the named defendants. Plaintiff alleged, among other things, that defendants Underwood, Barrow, and Miller, individually and in their official capacities as agents of defendant Buncombe County DSS, (1) failed to make proper provisions for Mr. Frisbee's care, comfort, and maintenance; (2) failed to act in his best interest; and (3) failed to adequately respond to information provided by family members regarding Mr. Frisbee's condition and conditions at Community Care # 3. Plaintiff also asserted multiple negligence claims against defendant Buncombe County DSS. Defendants Underwood, Barrow, Miller, and Buncombe County DSS filed motions to dismiss pursuant to Rule 12(b)(1) and Rule 12(b)(6). After a hearing, the trial court dismissed plaintiff's claim against defendant Buncombe County DSS for lack of subject matter jurisdiction, concluding that exclusive jurisdiction over the claim against DSS is in the Industrial Commission, and dismissed plaintiff's claim against defendants Underwood, Barrow, and Miller for failure to state a claim upon which relief can be granted. This appeal pertains solely to these motions to dismiss filed by defendants Underwood, Barrow, Miller, and DSS.
Plaintiff appealed to the Court of Appeals, which held: (1) jurisdiction depends on the statutory authority for waiver of immunity, the jurisdictional provisions of N.C.G.S. § 153-435(b) control over those of N.C.G.S. § 143-291(a) where there is a conflict, and a remand is necessary for a determination as to whether the amount of insurance coverage exceeded the $100,000 cap on recovery under the Tort Claims Act; (2) a suit against Underwood in his official capacity must proceed in the same forum as a suit against DSS and must therefore be remanded along with the suit against DSS; (3) the trial court properly dismissed plaintiff's claim against Underwood in his individual capacity for mere negligence in the performance of his duties and improperly dismissed the claim against Underwood in his individual capacity for allegations of willful and wanton conduct; and (4) the trial court improperly dismissed plaintiff's claims against Barrow and Miller in their individual capacities for m
Page 1 2 3 4 5 6 7 8 9 North Carolina Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|