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Morris v. Rockingham County5/17/2005
of the action occurred.'" Coats, 264 N.C. at 334, 141 S.E.2d at 492 (quoting Annot., Venue of actions or proceedings against public officers, 48 A.L.R. 2d 423, 432). Defendants argue that Rockingham County is the proper venue because plaintiff's complaint demonstrates that most of the acts or omissions of alleged negligence occurred in Rockingham County. We disagree with defendants' reading of the complaint. Plaintiff makes five specific allegations concerning how defendants breached their duty of care to plaintiff. Only one of these allegations involves acts or omissions that occurred in Rockingham County, that defendants failed to inspect and maintain the ambulance. Theother alleged acts and omissions, which form the basis of plaintiff's negligence claim, occurred in Forsyth County. Plaintiff asserted in his complaint that defendants breached their duty of care when they:
a. failed to exercise ordinary care in the removal of a stretcher from an ambulance;
b. failed to release the handle at the foot of the stretcher or otherwise failed to lock the undercarriage in a down position thereby allowing the stretcher to safely position outside of the ambulance;
d. failed to otherwise properly secure the stretcher in a position so that it would not fall from the ambulance;
e. failed to secure in an upright position the center step so that the stretcher would clear the step on removal[.]
The cause of action arose in Forsyth County because "the acts omissions constituting the basis of the action occurred" in Forsyth County. See Coats, 264 N.C. at 334, 141 S.E.2d at 492.
For the foregoing reasons, we affirm the trial court's denial of defendants' motion for change of venue.
Affirmed.
Judges WYNN and TYSON concur.
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