NC Court of Appeals upholds ruling in connection with teen’s death

James Griffin argued he was acting as a public official when he administered to Atlas Fraley, a Chapel Hill High School football player who died after Griffin provided him with emergency medical services and then left him home alone in August 2008.

But in late December, the N.C. Court of Appeals upheld a lower court’s determination that Griffin was acting as a public employee, not a public official, in his capacity as an EMT. The Fraley family can now sue Griffin for negligence for how he handled the teen’s case.

Atlas Fraley called Emergency Medical Services complaining of a headache and severe muscle pain after returning home from a football scrimmage Aug. 12, 2008, according to court documents.

Griffin was dispatched to the teen’s house, where he spoke to Fraley and advised him to hydrate, the documents state.

Griffin let the teen sign his own release — against policy, since Fraley was a minor ­— and left him at home alone, according to the Court of Appeals background information.

Just hours later, Fraley’s parents returned home to find their son unresponsive, surrounded by water and Gatorade bottles.

Then-N.C. Chief Medical Examiner Dr. John Butts raised the possibility of cardiac arrest or asthma attack as causes of death, and Griffin resigned about two weeks later.

Fraley’s parents originally filed lawsuits against both Orange County and Griffin. They have since dropped the lawsuit against Orange County, but have maintained the suit against Griffin.

Griffin is eligible for up to $6 million in liability insurance coverage, according to Orange County Department of Asset Management and Purchasing Services records.

Griffin’s attorneys filed for a summary judgment in the case, saying that Griffin was acting as a public official in his position as an EMT and so should be immune from the lawsuit.

Griffin took it to the N.C. Court of Appeals after a trial court denied the claim, where the decision was upheld because Griffin’s position “was not created by statute and his duties were best characterized as ministerial,” according to court documents.

“David and Malinda Fraley are very pleased with the Court of Appeals decision since it allows them to continue to seek justice in court for the wrongful death of their 17-year-old son,” Strickland said in an email.

Strickland said though the Court of Appeals decision does not make new law, it does uphold and clearly state that EMS personnel are not public officials and are liable for their own actions, which he says he and the Fraleys believe will encourage better quality in the services EMS provides.

Griffin’s attorneys’ firm, Teague Campbell Dennis & Gorham LLP, could not be reached for comment after several phone and email attempts.

Robert Joyce, a professor at the UNC School of Government, said he was not especially surprised by the decision, since government employees are generally liable for their actions.

Strickland said he anticipates that the case, which was originally filed in January 2010, will come to trial in November 2012.

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