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Wood v. Guildford County2/1/2002
On discretionary review pursuant to N.C.G.S. ยง 7A-31 of a unanimous decision of the Court of Appeals, 143 N.C. App. 507, 546 S.E.2d 641 (2001), affirming in part and reversing in part an order entered 29 March 2000 by Albright, J., in Superior Court, Guilford County. Heard in the Supreme Court 14 November 2001.
Plaintiff Shelley Austin Wood initiated this action against defendants for injuries sustained on 31 March 1998 when she was assaulted on the second floor of the Guilford County courthouse (the courthouse). Plaintiff was employed by the Administrative Office of the Courts (AOC) and worked in the courthouse. Plaintiff's assailant was subsequently convicted of attempted first-degree rape and assault with a deadly weapon inflicting serious injury.
On 30 July 1999, plaintiff filed a complaint against Guilford County (the County) and Burns International Security Services Corporation f/k/a Borg-Warner Professional Services Corporation (Burns Security), the firm contracted by the County to provide security at the courthouse, alleging the following claims for relief: (1) the County breached its duty by failing to provide adequate security at the courthouse; (2) Burns Security breached its duty by failing to provide adequate security at the courthouse; (3) as a result of the County's willful and wanton conduct, plaintiff was entitled to punitive damages; and (4) plaintiff, as an AOC employee stationed at the courthouse, was an intended third-party beneficiary of the security contract between the County and Burns Security, which both breached the contract by failing to provide reasonably adequate security at the courthouse.
In its answer, the County asserted governmental immunity and the public duty doctrine as complete bars to plaintiff's action and moved to dismiss the complaint on the ground that plaintiff failed to state a claim for relief under North Carolina Rule of Civil Procedure 12(b)(6). The County also alleged that punitive damages were not recoverable against a local government under North Carolina law.
On 29 March 2000, the trial court entered an order granting the County's motion to dismiss with respect to plaintiff's punitive damages claim but denying the motion with respect to plaintiff's negligence and breach of contract claims. On 7 April 2000, the County filed an interlocutory appeal from the trial court's order. On 15 May 2001, the Court of Appeals entered a decision affirming the trial court's denial of the County's motion to dismiss the negligence claims and reversing the trial court's order with respect to the breach of contract claim. This Court allowed the County's petition for discretionary review on 22 August 2001 to determine (1) whether the Court of Appeals erred in failing to hold that the trial court lacked subject matter jurisdiction over the action, and (2) whether the Court of Appeals erred in failing to determine that plaintiff's claims were barred by the public duty doctrine and governmental immunity.
The County initially raised the defense of subject matter jurisdiction in the Court of Appeals. It argues before this Court that the North Carolina Workers' Compensation Act (the Act) provides the exclusive remedy for a state employee injured while working in a building maintained by the County and that this case should therefore have been brought before the North Carolina Industrial Commission (the Industrial Commission). Plaintiff argues that the trial court had subject matter jurisdiction over the instant action because the Act does not extend to the type of relationship existing between the County and the State of North Carolina.
At the outset we note that " he question of subject matter jurisdiction may b
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