Tort/Negligence – Failure to Honor Medical Lien – Personal Injury or Wrongful Death – Motion to Dismiss

Plaintiff provided air ambulance services to the victim of an automobile accident, and plaintiff’s complaint alleges that the law firm defendants failed to honor plaintiff’s medical lien when disbursing settlement funds. Although defendants argued that the case they settled was one for wrongful death, so that the settlement proceeds were not subject to a medical lien arising under G.S. §§ 44-49 et seq., since defendants’ arguments rely on the resolution of issues of fact – whether the underlying case was one for personal injury or wrongful death or a combination thereof – dismissal pursuant to N.C. R. Civ. P. 12(b)(6) was inappropriate.

We reverse the trial court’s grant of defendants’ motion to dismiss. Remanded.

Apollo Medflight, LLC v. Nelson (Lawyers Weekly No. 012-068-23, 9 pp.) (Valerie Zachary, J.) Appealed from New Hanover County Superior Court (Kent Harrell, J.) Nelson Harris for plaintiff; Steven Bader and Melody Jolly for defendants. North Carolina Court of Appeals (unpublished)