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.