Wells v. Cumberland County Hospital System, Inc.

On 18 August 2000, plaintiff James A. Wells, the guardian and son of Frank Wells, filed a complaint in Robeson County on behalf of his father alleging medical negligence against Cumberland County Hospital System, Inc. (CCHS) and S & R Health Care, Inc., doing business as Open Arms Rest Home. CCHS is a private, non-profit corporation that operates hospitals and conducts activities in a number of North Carolina locations, including Cumberland, Robeson, Hoke, Bladen, Sampson, Scotland, and Harnett Counties. Among thefacilities operated by CCHS was Cape Fear Valley Medical Center in Cumberland County, where plaintiff's father received medical treatment in 1995. Plaintiff's complaint alleged that CCHS and Open Arms Rest Home were negligent with Frank Wells' medical care, causing Mr. Wells to develop severe pressure ulcers and other ailments. Plaintiff's complaint also included claims for bad faith retention of medical records, a pattern of willful, wanton, and reckless abuse, and res ipsa loquitur.

On 9 October 2000, CCHS filed a document entitled “Motions and Answer of Defendant Cumberland County Hospital System, Inc.” Included in the document was a motion for change of venue, which stated:

First Defense -- Motion for Change of Venue

Defendant Cumberland County Hospital System, Inc., pursuant to N.C. Gen. Stat. § 1- 77, moves this Court for a change of venue to the Superior Court of Cumberland County in that Defendant Cumberland County Hospital System, Inc., is a non-profit corporation governed by the Board of Trustees appointed by Cumberland County and, as such, is an entity that is a public agency that must be sued in the county where the cause of action, or some part thereof, arose.

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We conclude CCHS is a municipal corporation, and therefore, a public officer under N.C. Gen. Stat. § 1-77(2). Venue was properly changed from Robeson County to Cumberland County, where plaintiff's cause of action occurred.

The order of the trial court transferring venue to Cumberland County is hereby Affirmed.

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