Issue

Interlocutory order—denying Rule 12 motions to dismiss—statutory immunity claim—not an adverse ruling on personal jurisdiction

Summary

In a medical malpractice case arising from an incomplete hysterectomy that was performed on plaintiff during the beginning of the COVID-19 pandemic, defendants (the surgeon, medical practice, and hospital involved) did not have an immediate right of appeal under N.C.G.S. § 1-277(b) from the trial court's interlocutory order denying their Rule 12 motions to dismiss, which were grounded on a claim of statutory immunity under the Emergency or Disaster Treatment Protection Act. Section 1-277(b), which grants a party the right of immediate appeal from an adverse ruling as to the court's personal jurisdiction, is narrowly construed to apply to rulings on "minimum contacts" questions, which defendants did not raise in their motions. Further, defendants' argument that "mmunities are a matter of personal jurisdiction" (and therefore the Emergency Act deprived the trial court of personal jurisdiction) was meritless. Thus, the Court of Appeals' decision affirming the interlocutory order was vacated and the matter was remanded to the trial court.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →