Dawes v. Nash County,
No. COA01-85 (N.C. Ct. App. Feb. 19, 2002)

In a malpractice suit alleging that county-employed paramedics and EMTs were negligent, the Court of Appeals of North Carolina upheld summary judgment in favor of the defendant county on the basis of governmental immunity. Although governmental immunity from tort liability may be waived if the governmental entity purchases liability insurance for certain actions and specific claim amounts, the court held that the county's sole insurance policy did not constitute such a waiver. The policy specifically excluded coverage for the county's liability for suits against EMTs in their official capacity, as well as for suits against the county itself for injuries caused by the provision of medical services by county-employed EMTs. The court found that policy language, which specifically provided coverage for the "liability of county employed or county volunteer Emergency Medical Technicians," applied only to the personal liability of the county employees and not to the county itself.