STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
FILE NO: 11 CVS 1084

COUNTY OF HAYWOOD

MATT ROBINSON, Administrator of the
Estate of JESSICA LYNN MARTIN,

Plaintiff,
V.

PAMELA SMATHERS, individually and as an
Employee oftho Haywood County Sheriff?s
Dopartmonl; HAYWOOD COUNTY, a body
politic; BOBBY R. SUTTLES, shor?if?fof
Haywood County, and THE OHIO
CASUALTY INSURANCE COMPANY

Dofondants.

SEALED ORDER
APPROVING SETTLEMENT

Envelope may be opened only upon the Order of the Resident Sliporior Court Judge of

l-laywood County.

STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
HAYWOOD COUNTY i r- II CVS 1034

MATT ROBINSON, Administrator of the
Estate of JESSICA LYNN MARTIN,

Plaintiff,
a.







PAMELA SMATHERS, individually as an . .
Employee of the Haywood County ORDER
Sheriff?s Department, HAYWOOD 
COUNTY, a body politie, BOBBY R. 
SUTTLES, Sheriff of Haywood County, 
and the OHIO CASUALTY INSURANCE 




COMPANY,

Defendants.

THIS MATTER earne OII to be heard before the Honorable Bradley B. Letts, Senior
Resident Superior Court Judge presiding, on April I l, 201? in [-laywood County Civil Superior
Court upon the Court's own Motion to review whether the wrongful death settlement should
remain sealed pursuant to NC. Gen. Stat ?132-l.3 as related to public access to court reeorcls
and to ensure that this sealed settlement is in compliance with the North Carolina General

Statutes;

r-

6. N.C. Gen. Stat. ?l31E-6(4) de?nes "Hospital Facility? as: ?any one or more
buildings, structures; additions, extensions, improvements or other facilities, whether or not
located on the same site or sites, machinery, equipment, furnishings or other real or personal
property suitable for health care or medical care; and includes, without limitation, general
hospitals; chronic disease, maternity, mental, tuberculosis and other specialized hospitals;
nursing homes, including skilled nursing facilities and intermediate care facilities; adult care
homes for the aged and disabled; public health center facilities; housing or quarters for local
public health departments; facilities for intensive care and self?care; clinics and outpatient
lacilities; clinical, pathological and other laboratories; health care research facilities; laundries;
residences and training facilities for nurses, interns, physicians and other staff members; food
preparation and food service facilities; administrative buildings, central service and other
administrative facilities; communication, computer and other electronic facilities; fire?fighting
facilities; pharmaceutical and recreational facilities; storage space; ray, laser, radiotherapy and
other apparatus and equipment; dispensaries; utilities; vehicular parking lots and garages; of?ce
facilities for heapital staff members and physicians; and such other health and hospital facilities
customarily under the jurisdiction of or provided by hospitals, or any combination of the
foregoing, with all necessary, convenient or related interests in land, machinery, apparatus,
appliances, equipment, furnishings, appurtenances, site preparation, landscaping, and physical
amenities;

7. All the medical treatment was provided to Ms. Martin in the area designated as

the ?clinic? for Haywood County inmates contained in the Haywood County jail. The area used
as the ?clinic" as de?ned by N.C. Gen. Stat. is for purposes of this case a ?Hospital

2

 

Facility" as de?ned by law. The settlement previously scaled was done so in accordance with
NC. Gen. Stat. ?132?1.3.

8. Since the action is one of medical malpractice against Defendant Smathers (and
her employer) who were providing medical treatment to Jessica Martin in a ?Hoopital
Facility" as de?ned above, the settlement was properly sealed and should remain sealed as it was
and continues to be, in compliance with North Carolina General Statutes.

9. Accordingly, after further review the undersigned ?nds a lawful basis exists for
the settlement to remain con?dential as allowed under North Carolina law and pursuant to 

Gen Stat ?132-13 a11d131E-6(4)

WHEREFORE, it is-hereby ORDERED that the settlement is in compliance with the
North Carolina General Statutes and shall remain sealed.

Entered this the 254:1; __day oprril, 2017.

A 5.1.7;

Honorable?radley B/Letts
Superior Court Judge Presiding