in the Court of Appeals 6 February 2017.
by plaintiff from orders entered 25 April 2016 by Judge W.
Allen Cobb in Craven County, No. 15 CVS 1600 Superior Court.
Macrae, Perry, Macrae & Whitley, LLP, by Gregory T.
Whitley, for plaintiff-appellant.
Baynard, Morton, Medlin & Brown P.A., by Stephen C.
Baynard, for defendant-appellee Peck.
Risk Insurance Company ("Key Risk") appeals from
orders entered granting Chad Peck's
("Defendant") motion to dismiss and denying Key
Risk's motion to substitute a party. We affirm.
Holliday ("Holliday") was employed at CarolinaEast
Medical Center, Inc. ("CarolinaEast"). Key Risk
provided workers' compensation insurance to CarolinaEast.
February 2013, Holliday and Third-Party Defendant, Mark
Andrew McGuire ("McGuire"), responded to an
emergency call. McGuire drove the ambulance, while Holliday
was seated in the front passenger seat. Key Risk alleged the
ambulance approached an intersection with its emergency
lights and sirens activated while en route. Key Risk further
alleged Defendant failed to yield, entered the intersection,
and collided with the ambulance.
and Defendant received and alleged injuries resulting from
the collision. Defendant signed a "Property Damage
Release" releasing CarolinaEast, McGuire, and American
Alternative Insurance Corporation from further liability for
the collision in exchange for payment of $5, 724.56.
Defendant also signed a "Release in Full" wherein
he released CarolinaEast, McGuire, Glatfelter Claims
Management, Inc., and American Alternative Insurance
Corporation from further liability for the collision in
exchange for payment of $4, 143.45 for his bodily injuries.
received extensive medical care for her injuries. Key
Risk's complaint alleged it paid Holliday $63, 965.58 as
CarolinaEast's provider of workers' compensation
insurance. Key Risk's complaint further alleged it filed
the proper forms with the North Carolina Industrial
Commission, which admitted Holliday's right to
compensation for medical treatment for the injuries she had
sustained in the collision.
December 2015, Key Risk filed its complaint. Key Risk alleged
Defendant was negligent in the operation of his vehicle, and
it was entitled to recover the workers' compensation
benefits paid to Holliday from Defendant. Defendant filed an
answer and a third-party complaint against McGuire. McGuire
filed an answer and a motion for judgment on the pleadings.
moved to dismiss the action on 29 March 2016 pursuant to
Rules 12(b)(1) and 12(b)(6) of the North Carolina Rules of
Civil Procedure. On 13 April 2016, Key Risk moved to
substitute Holliday as the named plaintiff pursuant to N.C.
Gen. Stat. § 97-10.2.
hearing oral arguments of counsel and reviewing the
submissions of the parties, the trial court denied
McGuire's motion for judgment on the pleadings, denied
Key Risk's motion to substitute a party, and granted
Defendant's motion to dismiss. Key Risk appeals.
lies in this Court pursuant to N.C. Gen. Stat. §
Risk argues the trial court erred by granting the motion to
dismiss for lack of standing. In the alternative, Key Risk
argues, even if it did not have standing to bring the claim,
the trial court ...