Ward v. Vidant Hospial

Filing 16

ORDER granting 9 Motion to Dismiss for Lack of Jurisdiction; granting 13 Motion to Dismiss for Failure to State a Claim. Signed by US District Judge Terrence W. Boyle on 5/18/2018. Copy sent to Kristy R. Ward via US Mail to 466 Quartz Court, Greenville, NC 27834. (Stouch, L.)

IN THE UNITED STATES' DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 4:17-CV-148-BO

KRISTY R. WARD,
Plaintiff,
v.

VIDANT HO SPITAL,
Defendant.

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ORDER

This matter is before the Court on defendant's motions to dismiss. [DE 9; 13]. The
matters have been fully briefed and are ripe for ruling. For the following reasons, defendant's
motion is granted.
Plaintiff Kristy Ward lost her infant child on November 30, 2014. He was born at Vidant
Hospital, the defendant in this case, on October 30, 2014. Plaintiff alleges he was diagnosed with
an enlarged kidney and was supposed to receive antibiotics upon discharge from the hospital.
She claims the hospital failed to provide the antibiotics, and as a result the baby died. Plaintiff,
proceeding prose, brought the instant claim here in federal court. She originally filed a wrongful
death claim, and later filed an amended complaint, adding a medical negligence claim. [DE 12].
The federal courts are courts of limited jurisdiction. Pinkley, Inc. v. City of Frederick,
MD, 191 F.3d 394 (4th Cir. 1999). To hear a suit, a federal court must have both personal

jurisdiction and subject matter jurisdiction. Personal jurisdiction means the Court has jurisdiction
over the named defendant. See International Shoe Co. v. State of Wash., Office of Unemployment
Comp. & Placement, 326 U.S. 310 (1945). Subject matter jurisdiction means the Court has

jurisdiction to hear the particular case. See Arbaugh v. Y&H Corp, 546 U.S. 500 (2006).

There are two kinds of federal subject matter jurisdiction-federal question and diversity.
Federal question jurisdiction means that federal courts have jurisdiction over "all civil actions
arising under the Constitution, laws, or treaties of the United States." 28 U.S.C. § 1331. Diversity
jurisdiction permits some actions arising under state law to be heard. 28 U.S.C. § 1332. Diversity
jurisdiction applies when the parties are completely diverse, which means that the plaintiff and
the defendant are citizens of different states. Id. Parties who are not American are also
considered diverse from American parties. Id.
Personal jurisdiction may be waived, meaning a party can choose to be in a lawsuit even
when there is not personal jurisdiction. Insurance Corp. of Ireland v. Compagnie des Bauxites de
Guinee, 456 U.S. 694, 705 (1982). But subject matter jurisdiction cannot be waived. Id., 456

U.S. at 702. When there is not subject matter jurisdiction, the case must be dismissed. Arbaugh v.
Y&H Corp, 546 U.S. 500, 514 (2006).

Plaintiff is a resident of Greenville, North Carolina, as is defendant. The parties are not
diverse. And plaintiffs two claims, for wrongful death and medical negligence, do not arise
under federal law. See N.C.G.S. § 28A-1802; § 1-15. This Court lacks subject matter
jurisdiction, so the case must be dismissed.
For the foregoing reasons, defendant's motions to dismiss [DE 9; 13] are GRANTED.
The case is DISMISSED for lack of jurisdiction.

SO ORDERED, this _l_%day of May, 2018

UNITED STATES DISTRICT JUDGE