Bynum v. Wilson County

746 S.E.2d 296, 228 N.C. App. 1, 2013 WL 2991049, 2013 N.C. App. LEXIS 671
CourtCourt of Appeals of North Carolina
DecidedJune 18, 2013
DocketNo. COA12-779
StatusPublished
Cited by8 cases

This text of 746 S.E.2d 296 (Bynum v. Wilson County) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bynum v. Wilson County, 746 S.E.2d 296, 228 N.C. App. 1, 2013 WL 2991049, 2013 N.C. App. LEXIS 671 (N.C. Ct. App. 2013).

Opinion

ERVIN, Judge.

Defendants Wilson County and Sleepy Hollow Development Company appeal from an order denying their motions for summary judgment with respect to the claims advanced against them by Plaintiff Lois Bynum, both individually and as administratrix of the estate of James Earl Bynum. On appeal, Defendant Wilson County argues that its appeal from the trial comb’s order denying its motion for summary judgment on governmental immunity grounds, although interlocutory, is properly before us and that it is entitled to immunity from suit in this case on the grounds that “operating and maintaining a county office building is a governmental function.” In addition, Defendants argue that, in order to “avoid a fragmentary appeal,” we should reach the merits of their non-immunity based challenges to the trial court’s order, which rest on assertions that the evidentiary forecast presented to the trial court did not support a finding of negligence-based liability. After careful consideration of Defendants’ challenges to the trial court’s order in light of the record and the applicable law, we conclude that the trial court did not err by denying Defendant Wilson County’s motion for summaiy judgment based on governmental immunity grounds and that we should decline to reach Defendants’ other challenges to the trial court’s order. As a result, we affirm the trial court’s order in part and dismiss Defendants’ appeals in part.

I. Factual Background

A. Substantive Facts

The factual basis underlying Plaintiffs’ claims, to the extent that it is relevant to the issue properly before us at this time, was set out in our prior opinion in Bynum v. Wilson County,_N.C. App._, 716 S.E.2d 90, 2011 N.C. App. LEXIS 1964, [WL cite] (2011) (unpublished) (Bynum I), in which we stated that:

[3]*3In January 2007, Defendant Wilson County moved its main office building to 2201 South Miller Road in Wilson. Wilson County leased the building in question from Defendant Sleepy Hollow Development Company....
On 15 April 2008, Plaintiffs James Earl Bynum and his wife, Lois Marie Bynum, drove to the Wilson County office building, in which the offices of Wilson County’s water department were located, for the purpose of paying their water bill. Since Plaintiffs usually paid their water bill in person, they had visited the building on approximately thirteen previous occasions. While Mr. Bynum entered the building to pay the water bill, Mrs. Bynum remained in their car.
After climbing the front exterior steps, Mr. Bynum entered the building and . . . paid the couple’s water bill. After .. . exiting the building, Mr. Bynum started down the front exterior stairs in order to return to the car where Mrs. Bynum was waiting. Approximately two-thirds of the way down the stairs, Mr. Bynum fell and sustained serious injuries.

Id., 2011 N.C. App. LEXIS 1964, at *1-*3, [WL cite at _].

B. Procedural History

We also addressed the procedural history of this case in Bynum I, in which we stated that:

On 9 December 2008, Mr. Bynum filed a complaint in which he alleged that he had been injured as the result of Wilson County’s negligence. On 2 January 2009, Wilson County filed an answer in which it denied the material allegations of Mr. Bynum’s complaint and asserted a number of affirmative defenses, including a contention that Mr. Bynum’s claims were barred by the doctrine of governmental immunity. On 30 July 2009, Plaintiffs filed an amended complaint in which they claimed to have been injured as the result of negligence on the part of Wilson County and Sleepy Hollow.
On 3 June 2010, Defendants sought summary judgment. On 14 October 2010, the trial court entered an order denying Defendants’ summary judgment motions. Defendants noted an appeal to this Court from the trial court’s order.

[4]*4Bynum I, 2011 N.C. App. LEXIS 1964, at *4, [WL cite at__]. As a result of the fact that Mr. Bynum died on 27 January 2011, Plaintiffs sought leave of court to substitute Mrs. Bynum, in her capacity as administratrix of Mr. Bynum’s estate, for Mr. Bynum as a party plaintiff on 31 March 2011. This Court allowed the substitution motion on 15 April 2011. Id.

In Bynum I, we held that Defendant Wilson County’s challenge to the denial of its summary judgment motion predicated on governmental immunity grounds affected a substantial right and was properly before us despite the interlocutory nature .of the trial court’s order. On the other hand, we held that Defendant Sleepy Hollow’s appeal and Defendant Wilson County’s challenge to the trial court’s refusal to grant summary judgment in its favor with respect to more traditional liability-based issues involved a request for appellate review of an interlocutory order; that Defendants had not articulated any substantial right that would be jeopardized by a failure on our part to consider their non-immunity-related challenges to the trial court’s order on an interlocutory basis; and that those portions of Defendants’ appeals should be dismissed. After reaching the merits of Defendant Wilson County’s challenge to the trial court’s rejection of its governmental immunity defense, we observed that Defendant Wilson County had mistakenly submitted a different insurance policy from the one in effect at the time of Mr. Bynum’s accident for consideration at the summary judgment hearing, refused to grant Defendant Wilson County’s request that we permit the proper insurance policy to be substituted for the one that had been presented to the trial court, and allowed Defendant Wilson County’s alternative motion to dismiss its appeal. As a result,

we h[e]ld that, with the exception of Wilson County’s challenge to the trial court’s refusal to grant summary judgment in its favor on governmental immunity grounds, Defendants’ appeal... is dismissed as having been taken from an unappealable interlocutory order. In addition,... we deny Defendants’ request that we allow an amendment to the record on appeal to include what Defendants claim to be the correct insuring agreement. Finally, we deny Defendants’ request that this case be remanded to the trial court subject to certain instructions and allow Defendants’ alternative motion for leave to withdraw their appeal.

Bynum I, 2011 N.C. App. LEXIS 1964, at *17 [WL cite at _].

[5]*5On 23 December 2011, Plaintiffs filed a motion seeking leave to amend their complaint in order to assert a wrongful death claim.1 On 16 February 2012, Defendants filed motions seeking the entry of summary judgment in their favor. On 19 March 2012, the trial court entered an order denying Defendants’ summary judgment motions. Defendants noted an appeal to this Court from the trial court’s order. On 13 July 2012, Plaintiffs filed a motion to dismiss Defendant Sleepy Hollow’s appeal as having been taken from an unappealable interlocutory order.

II. Legal Analysis

A. Scone of Appeal

As a preliminary matter, we must identify the issues that are properly before us for appellate review. As was the case in Bynum I, Defendant Wilson County asserts, among other things, that the trial court erred by denying its motion for summary judgment based upon governmental immunity considerations.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Painter v. City of MT
823 S.E.2d 583 (Court of Appeals of North Carolina, 2019)
State v. Velasquez-Cardenas
815 S.E.2d 9 (Court of Appeals of North Carolina, 2018)
Ballard v. Shelley
811 S.E.2d 603 (Court of Appeals of North Carolina, 2018)
The News & Observer Publ'g Co. v. McCrory
795 S.E.2d 243 (Court of Appeals of North Carolina, 2016)
Bynum v. Wilson County
758 S.E.2d 643 (Supreme Court of North Carolina, 2014)
Brown v. Town of Chapel Hill
756 S.E.2d 749 (Court of Appeals of North Carolina, 2014)
Hinson v. City of Greensboro
753 S.E.2d 822 (Court of Appeals of North Carolina, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
746 S.E.2d 296, 228 N.C. App. 1, 2013 WL 2991049, 2013 N.C. App. LEXIS 671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bynum-v-wilson-county-ncctapp-2013.