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Helton v. N.C. Dep't of Correction12/6/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
Plaintiff Sandra Dale Helton appeals from a Decision and Order of the North Carolina Industrial Commission dismissing her claim for damages under the N.C. Tort Claims Act. We affirm.
The relevant facts are summarized as follows: In 1999 Garland Sawyer (Sawyer) pled guilty to involuntary manslaughter and was sentenced to 13 to 16 months imprisonment in the North Carolina Department of Correction (DOC). In July 1999 Sawyer was housed at Buncombe Correction Center (BCC). At around 9:00 p.m. on 3 July 1999, he complained to BCC correctional officers that he wasexperiencing chest pain, chest pressure, and pain radiating down his left arm. The BCC officer in charge, Sergeant Richard Terry, called 911, and Sawyer was taken by ambulance to Mission-St. Joseph's Hospital in Asheville. At the hospital, he was treated by Dr. Gail Pignatiello, M.D., who performed several tests, including an EKG, chest x-ray, and other cardiac tests. Dr. Pignatiello diagnosed Sawyer with "acute chest pain, resolved" and noted that acid reflux was likely involved. Discharge instructions advised Sawyer to avoid fried or fatty foods, prescribed the medication Prilosec, and referred him to the BCC physician for follow-up. Sawyer was returned to BCC at around 1:30 a.m. on 4 July 1999; about an hour and a half later, he complained of pain in his chest and left wrist. The officer in charge reviewed the hospital instructions indicating that Sawyer had acid reflux, then gave him an extra pillow and a non-prescription antacid. For the balance of the night Sawyer appeared to rest comfortably, and made no other complaints to correctional officers on duty. When the BCC work shifts changed, the incoming correctional officers were told that Sawyer had gone to the hospital with chest pain and had been diagnosed with acid reflux.
On 4 July 1999 Sawyer was visited by plaintiff and two other family members. Plaintiff approached Sergeant Terry during the visit and expressed her opinion that Sawyer was sick and needed medical attention. Sergeant Terry told plaintiff that if Sawyer felt ill, he need only alert any staff member and he would be brought to Terry's office. However, Sawyer did not bring anyhealth complaints to Sergeant Terry that day. Other correctional officers who either spoke with or observed Sawyer during the day of 4 July testified uniformly that Sawyer appeared normal and expressed no health complaints. Around 7:30 p.m. a correctional officer found Sawyer unconscious in the dorm area and alerted Sergeant Terry, who called 911. The correctional officers administered CPR, and emergency and hospital medical personnel attempted to resuscitate Sawyer; however, Sawyer never regained consciousness and was pronounced dead at around 8:30 p.m. on 4 July 1999.
In April 2001 plaintiff filed a claim for damages with the North Carolina Industrial Commission, pursuant to N.C. Gen. Stat. ยง 143-291 et seq., the N.C. Tort Claims Act. Her claim was accompanied by an affidavit alleging that Sawyer's death was caused by the negligence of certain BCC correctional officers, DOC administrators, and DOC medical personnel. The case was heard before Industrial Commission Deputy Commissioner George Hall in January 2003. On 21 May 2003 Hall issued a Decision and Order finding that, although the named DOC employees had not been negligent in their care of Sawyer, Dr. Pignatiello was negligent by releasing Sawyer without further observation and testing. The Commissioner a
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