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Court rules Fraleys can sue EMT

Posted on December 29, 2011 by Susan Dickson

Atlas Fraley. Photo courtesy of Lisa Hazen
By Susan Dickson
Staff Writer
A three-judge N.C. Court of Appeals panel last week upheld an Orange County judge’s decision to allow the parents of former Chapel Hill High School football player Atlas Fraley to sue paramedic James Griffin on claims of negligence regarding their son’s death.

Reports show Griffin violated a number of Orange County Emergency Services policies that might have prevented the 17-year-old’s death.

The Fraleys had previously voluntarily dismissed their claims against Orange County and the Orange County Emergency Services Department after the county and EMS claimed governmental immunity. Superior Court Judge Carl Fox ruled in November 2010 that Griffin was a public employee and not a public official, and under such classification Griffin is susceptible to claims of negligence.

On Aug. 12, 2009, Fraley made a 911 call from his home at 1:45 p.m. after a football scrimmage at Middle Creek High School, complaining of severe body pains. Griffin was dispatched to the home, and upon arrival he advised Fraley to hydrate and watched him do so, gave him instructions to contact his parents and call 911 if his symptoms worsened and left him at home.

According to a county report, Griffin failed to take Fraley’s vital signs while he was both sitting and standing, take his temperature, transport him for treatment of hyperthermia, contact his parents or seek a doctor’s opinion on the issue.

Fraley’s parents found him dead in their home at 6:30 that night.

An autopsy report suggested Fraley’s dehydration and cramping may have led to a fatal heart attack, though the autopsy could provide no definitive explanation for his death.

Griffin had his paramedic privileges revoked by the county and later resigned from his job.

Unless Griffin makes an additional appeal that is accepted by the state Supreme Court, the decision, made by Chief Judge John Martin and Court of Appeals Judges Wanda Bryant and Ann Calabria, will allow David and Malinda Fraley to sue Griffin for negligence.

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