h^,=\"nZ(DCpPgU0{lqh8_ux+|q#aoP wh&=r.+Ag/a x[{lT(+,)}fdv3&c(z(i*Y%& ,$#{>>KQ(wp-$rs6^6?C'm0CGcHr7b%-glfp"_X{%&xk3.7+LswQBI"QL^3OSEU wgya6D&>+QJ3Mg&+1M)pAN$\pP T:" Consequently, I believe the trial court erred in finding Defendants were shielded by governmental immunity and summary judgment should therefore be reversed. North Carolina's embezzlement statute prohibits various groups of people (administrators, agents, trustees, clerks, trustees, among others) from taking or converting other people's money or property. All rights reserved. This will be Harkey's third consecutive year on the Executive Committee for the section, where he served as Council Member from 2017 to 2020. But embezzlement charges can stem from the following types of conduct in North Carolina: Embezzlement and obtaining property by false pretenses are mutually exclusive crimes. Embezzlement of taxes by officers. (f)Defendant's employees who cared for and treated Ms. Hendricks failed to possess the required degree of learning, skill and ability necessary to the practice of their profession which others similarly situated normally possess. 2. These laws and penalties will include: Public employee cases involving property valued at under $100,000: For public employees such as court employees or local government employees whose embezzlement case revolves around property valued at an amount less than or equal to $100,000 a penalty of 20 to 25 months in prison may be faced. Franke had been slain in the foyer of her own apartment located in Orlando's Audubon Park. Both were indicted on 3 counts of embezzlement. Created byFindLaw's team of legal writers and editors There is no single way that the crime of embezzlement may be committed. stream Plaintiff appeals the trial court's granting of defendants' motion for summary judgment based on defendants' qualification for sovereign (hereinafter, governmental) immunity. If the property taken is $100,000 or more, then it is a Class C felony. Wilson, Nash, and Edgecombe Counties NORTH CAROLINA COURT Division I - District 7 . Captain Jeff Sherrod and Lieutenant Taylor Neal oversee the day-to-day operations of the Division. Investigators say the alleged embezzlement happened between 2014 and 2019. ,H3nl[V*vWu[*f,ZHl`YQj5D2^),c3KI>fV{D*GB*)=8ZTcU,>M7_ The mission of the North Carolina Sheriffs' Association, Inc. is to serve as the statewide voice to protect, promote, preserve, and enhance the Office of Sheriff in North Carolina through education, training, and legislative initiatives that increase public safety and protect the rights of the citizens of North Carolina. Davie County Enterprise Features W. Scott Harkey, Attorney & managing partner, W. Scott Harkey, was recently appointed to serve on the Executive Committee of the North Carolina Bar Association's Criminal Justice Section for the 2022-2021. North Carolina Judicial Branch Search Menu. Both of Defendants' motions were granted by order entered 2 November 2000. The email address cannot be subscribed. However, Section II of the Policy contains certain enumerated exclusions from coverage, including the following: E.Exclusions Applicable to General Liability. Id. Embezzlement is a complex crime where the charges can vary greatly; specific circumstances can trigger federal charges such as if you embezzled from a bank. The latest news feeds often contain stories about how a public official or an employee has taken vast amounts of money from the government or a corporation for their own personal use. In partnership with 264 agencies, 60 licensed independent practitioners and 36 hospitals, we connect members with the personalized, high-quality services they need. In determining whether the Policy covers the claim asserted by Plaintiff, we likewise keep in mind certain general principles of insurance policy interpretation. Thus, having found no ambiguity in the exclusionary clause or its exception, and keeping in mind the general rule that waiver of governmental immunity is not to be lightly inferred, we conclude that the trial court was correct in its conclusion that the Policy does not cover the acts complained of by Plaintiff, and that Nash County is entitled to governmental immunity as a defense to Plaintiff's suit. Netanyahu denounces protesters after salon siege, Family who fled Ukraine making Durham, dance studio,, Denmark: Statue of Little Mermaid vandalized again, Egypt raises price of gasoline in latest hike amid, ALERT: Strong to severe storms possible Thursday,, February 2023 warmest ever in the Triangle, 3rdwarmest, Recovery High School: What is it, why its important, Record-breaking warmth sweeps across the Triangle, Jupiter and Venus light up North Carolina sky. Courts: N.C. woman embezzled $15M to pay for weddings, jewelry, luxury hotel rooms; supporting extravagant lifestyle. Plaintiff appealed, assigning error to the trial court's ruling on both motions. Alternatively, if the property taken is less than $100,000, then it is a Class H felony. This is accomplished through not only emergency response, but also through fire and accident prevention programs and public education. *^~Mu`cw^q"7l0>5$>phmPmbK>^2=0aJJy"f Overview of the Courts; Supreme Court; Court of Appeals; Superior Court; District Court; Business Court; Recovery Courts . RALEIGH, N.C. A former executive of a Cary company pleaded guilty Monday in what District Attorney Lorrin Freeman called "quite possibly the largest embezzlement case in Wake County history . Copyright 2020 WITN. Where can I get information on recovering from disasters? The remaining members include three. The State Bureau of Investigation says that Pamela Wilson, 59, of Ahoskie, and Penny Allen, 58, of Conway, were indicted on July 13th by a grand jury in Hertford County. How long will my application remain active. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Keep in mind that it is possible to be charged with both embezzlement and obtaining property by false pretenses. In North Carolina, Nash County is ranked 35th of 100 counties in Clerk Offices per capita, and 11th of 100 counties in Clerk Offices per square mile. Nash County120 W Washington StreetSuite 3072Nashville, NC27856. As Steele admitted in court Wednesday, she was employed by Victim Company A from 1999 to January 2020. Initially, Steele worked in the shipping department and was promoted over the next 20 years to various positions within the company, including to the position of Chief Executive Officer (CEO), which she held until she was fired in January 2020. If the value of Visit our attorney directory to find a lawyer near you who can help. His first court appearance is scheduled for Thursday in Nashville District Court. She is in the Nash County Detention Center where she is being held under a $15,000 secured bond. Co., 318 N.C. 534, 538, 350 S.E.2d 66, 68 (1986). According to filed plea documents and admissions made by Steele in court, from at least 2013-January 2020, the defendant executed an extensive scheme to defraud her employer, identified in court documents as Victim Company A, a privately held U.S. based subsidiary of a foreign company that manufactures carbide products. Firms, North Carolina Criminal Statute of Limitations Laws. Copyright 2023 WTVD-TV. If the value of the property is less than $100,000, then the person is guilty of a Class H felony. %PDF-1.6 % Theft of property held in a trust account. This institution is an equal opportunity provider. Dena J. Plaintiff thereafter amended its complaint to add Nash County as a named defendant. But for obtaining property by false pretenses, the person obtains the property through a false representation. Furthermore, Steele caused 127 fraudulent and unauthorized wire transfers to be executed as Quickbooks transactions, transferring more than $4.7 million from Victim Company As bank accounts to her personal bank account. means emergency professional medical services rendered or which should have been rendered to any person or persons (excepting employees of the Participant injured in the course of their employment) by any duly qualified medical practitioner (except any physician, radiologist, osteopath, dentist, pharmacist, medical resident or student, or any individual licensed to practice medicine), nurses, or Technicians employed by or acting on behalf of the Participant. If the property taken is $100,000 or more, then it is a Class C felony. endobj By its terms, the exception only applies to the personal liability of county employed EMTs, and not to the liability of Nash County arising out of the provision of medical services by its EMTs.1 Further, the exclusionary clause unambiguously removes from coverage all claims against Nash County arising out of the provision of medical services by EMTs. Nash County ABC Board Location: 1206 Eastern Ave, Nashville, NC 27856 Mailing Address: 1206 Eastern Ave, Nashville, NC 27856 County: Nash Phone: 252-459-2318 Fax: 252-459-6376 Email: nashabcmurray@embarqmail.com Date of First Retail Sales: June 26, 1935 ABC Board of Elections Authorized By: Pasquotank Act 1935 - 493 Suits against governmental employees in their official capacity do not lead to liability against the individual governmental employee. Taylor was arrested Friday without incident. Renting a two bedroom apartment in the zip code 27856 may cost you $820 per month, PD&R says. County Contact Information Edgecombe - 252.641.7821 l Halifax - 252.583.5161 Nash - 252.459.9810 For more information, check out our N.C.G.S. Hospital and Health Clinic Professional Liability. and/or damage to or destruction of property or the loss of use thereof arising out of any Occurrence from any cause other than as covered by Section III (Auto) Section IV (Crime) and Section V (Law Enforcement) of the Contract. As I believe the trial court erred in granting Defendants' motion for summary judgment based on the doctrine of governmental immunity, I dissent. 14-99. The chart below provides a summary of statutes related to North Carolina's embezzlement laws, including links to important code sections. Create a Website Account - Manage notification subscriptions, save form progress and more. The key elements of this crime involve an individual who has possession of property due to their role or position, who breaches this trust by using the property for their own purposes. When the language in a policy provision is clear and unambiguous, it will be accorded its plain meaning. Nash County Tax Department J. Claude Mayo, Jr. Administration Building 120 West Washington Street, Suite 2058 Nashville, North Carolina 27856 Appraisal (252) 459-9820 Collections (252) 459-9824 Listing (252) 459-9816 Mapping (252) 459-9838 NASH COUNTY 2019 DELINQUENT TAX LIST Under and by virtue of the authority vested in me by Section 105-369 . 9 ECU in shutout fashion, 9-0, Canes pick up Puljujarvi from Oilers in swap of Finns, Windshield covers and other handy gear you need for, 18 trendy cowboy boots to wear this winter, 18 books youll want to read on Dr. Seuss Day, Ukrainian family making Durham their new home, Extradited Indian charged with murder in Australian, 20 injured by turbulence aboard Germany to Mauritius, British navy seizes Iran missiles, parts likely Yemen, Trump cowboy found not guilty of campaign finance, Fractured G20 foreign ministers grapple with deepening, 45-year-old Durham Fire trainee talks Burn Week, Disgraced ex-Haitian soccer president announces hes, NC hotel in ocean paying for all-inclusive paid weekend, WANTED in North Carolina: Bradford pear trees, Zombie drug inching closer to North Carolina, Coming soon: New Publix in Durham to host grand opening, Raleigh chef opening Laotian restaurant in Cary, 3 Nash County teens busted for 30 vehicle break-ins:, Man arrested in Cumberland Co. for multiple break-ins, Do Not Sell or Share My Personal Information. As such, the policy provision should be accorded its plain meaning of providing coverage for personal injuries arising out of the medical treatment provided by Defendants' EMTs. Class H larceny by employee was charged 4259 times, while Class C larceny by employee was charged 8 times. 524 0 obj <>/Filter/FlateDecode/ID[<426CE9238514B74EBD32167AFFEA45A5><47BA3FA4EF582245897BE3C5189786FC>]/Index[508 30]/Info 507 0 R/Length 91/Prev 370592/Root 509 0 R/Size 538/Type/XRef/W[1 3 1]>>stream When the language used in a provision of an insurance policy is clear and unambiguous, it will be accorded its plain meaning. Other specific types covered under North Carolina law include embezzlement by insurance agents, railroad officers, or surviving partners. Given the uncertainty of the charges that you may face, you probably don't want to take any chances on your future. 09.15.75 is the birth date of Kevin. Name Deeply rooted in our communities, we proudly serve our 10-county service area of Duplin, Edgecombe, Greene, Lenoir, Robeson, Sampson, Scotland, Warren, Wayne and Wilson. This Court has previously held that county-operated ambulance service is a governmental activity shielded from liability by governmental immunity. Id. If below that amount, the charge is a Class H felony. Nash County Emergency Services is a dedicated group of professionals committed to making Nash County a safe place to live and work. Derek Turner, who worked for Nash County Emergency Medical Services, is accused of. Steele admitted that, in an effort to hide the fraudulent scheme, she limited communications and interactions between the employees and owners for Victim Company A and monitored communications that did occur, she convinced employees that company owners should be feared, and lied to employees about the true nature of Victim Company As financial trouble. Copyright 2023 Nexstar Media Inc. All rights reserved. NORTH CAROLINA INDUSTRIAL COMMISSION Help Line: (800 ) 688-8349 . Nash County argues that its interpretation of the exclusionary clause is consistent with the framework of governmental immunity in North Carolina, because counties, and their agents and employees sued in their official capacities, are already protected from tort liability arising out of the provision of ambulance service to the public by operation of the doctrine of governmental immunity, whereas governmental immunity does not apply to protect governmental employees sued in their individual capacities from personal liability. If you need an attorney, find one right now. In the instant case, it is undisputed that Nash County was covered by the Policy at the time of the alleged negligence. RALEIGH, N.C. (WNCN) The investigation into the murder of a small Wayne County town's former mayor has resulted in embezzlement charges for an employee of the victim, the North Carolina State Bureau of Investigation announced on Thursday. Co., 265 N.C. 634, 639, 144 S.E.2d 817, 820 (1965). Search. Apr 24, 2020 A Nash County department head is facing embezzlement charges and has resigned her position with the county. According to data from the Administrative Office of the Courts, in a recent year, Class H embezzlement was charged 4402 times, while Class C embezzlement was charged 68 times. She was transferred to the Nash County Detention Center where she is being held under a $15,000 secured bond. Please try again. Walsh v. Ins. Further, exclusionary clauses are not favored in the law and will be construed against the insurer if ambiguous. Get information relevant to your case by contacting a local attorney. at 342, 497 S.E.2d at 88 (citing Walsh v. Insurance Co., 265 N.C. 634, 639, 144 S.E.2d 817, 820 (1965)). SBI: Two women indicted in Hertford County for embezzling combined +$1.7 million, Multiple students sent home due to illness after eating candy, school says, Traffic accident shuts down Goldsboro road, First Alert Forecast for Thursday, March 2nd at 4:30am, Man charged with murder following suspicious death in Wallace, Aulander swears in new police chief after most of force quits, Death investigation underway after skeletal remains found in Bertie County, NC Senate gives final approval for medical marijuana, Carolina Camera: Submit Photos and Videos. Floyd Anthony "Andy" Evans, 65, was found shot to death in his garage in Fremont on June 16, 2018. Nash County120 W Washington StreetSuite 3072Nashville, NC27856. Please try again. . Co. v. Nationwide Mutual Ins. See Meyer v. Walls, 347 N.C. 97, 110, 489 S.E.2d 880, 887 (1997) ([a] suit against a defendant in his individual capacity means that the plaintiff seeks recovery from the defendant directly; a suit against a defendant in his official capacity means that the plaintiff seeks recovery from the entity of which the public servant defendant is an agent); see also Moore v. City of Creedmoor, 345 N.C. 356, 367, 481 S.E.2d 14, 21 (1997) (holding that claims against the City of Creedmoor police chief and a member of the City of Creedmoor Board of Commissioners in their official capacities were merely another way of bringing suit against the City of Creedmoor). This three-county 4-H Show and Sale is the project conclusion for over 100 youth who have been working steadily for many weeks feeding, training, grooming and being responsible for their steer, pigs, goats and lambs. Wilson County Tax Department. endobj Nash County EMS filed an answer denying the essential allegations of the complaint and asserting, inter alia, the defenses of governmental immunity, lack of subject matter jurisdiction, and lack of personal jurisdiction. North Carolina Courts. In North Carolina, embezzlement of $100,000 or more can be charged as a Class C felony in some cases. There are 4 Clerk Offices in Nash County, North Carolina, serving a population of 94,125 people in an area of 541 square miles.There is 1 Clerk Office per 23,531 people, and 1 Clerk Office per 135 square miles.. 44, 61-62, 457 S.E.2d 902, 913 (1995) (citation omitted). N.C. 1. Are You Ready? <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Nash County ; New Hanover County ; Northampton County ; Onslow County ; Orange County ; Pamlico County ; Pasquotank County ; Pender County . 153A-435(a) states: A county may contract to insure itself and any of its officers, agents, or employees against liability for wrongful death or negligent or intentional damage to person or property or against absolute liability for damage to person or property caused by an act or omission of the county or of any of its officers, agents, or employees when acting within the scope of their authority and the course of their employment. Michele McKnight, director of Nash County Senior Services, was. It is reasonable to construe the term liability as including an individual's personal liability as well as liabilities incurred in an individual's official capacity. McIver v. Smith, 134 N.C.App. NASHVILLE, NC (WTVD) -- A former Nash County paramedic was charged with larceny by employee Wednesday. The victim died due to a single gunshot wound to the head. :t Published: Jan. 12, 2022 at 5:06 PM PST TAYLORSVILLE, N.C. (WBTV) - Court records say an Alexander County woman embezzled more than $15 million from her employer to fund an extravagant lifestyle, including paying for family members' weddings, buying expensive jewelry and booking luxury hotels. Willful misapplication of money collected as payment. Additionally, the punishment may carry an active, intermediate, or community sentence. Applying these general principles to the instant case, we agree with Nash County that the exclusionary clause operates to remove from coverage all claims against Nash County arising out of the rendering of medical services, but the exception to the exclusionary clause operates to retain coverage for the personal liability of EMTs employed by Nash County. Menu. l'|4#YWl'[4/z>0b` f}eb Thus, Nash County would be entitled to governmental immunity from Plaintiff's claim, unless Nash County has in some way waived its governmental immunity. We affirm. 4. Included within Incidental Malpractice coverage is coverage for any employee while acting independent of that person's activities as the Participant's employee or acting as a volunteer with another emergency unit or organization but only when the person encounters the scene of an accident or medical emergency requiring sudden action. However, a person can only be convicted of one or the other based on the same conduct. We conclude that the exception to the exclusionary clause is not ambiguous, in that it expressly states that the exclusion shall not apply to the liability of county employed EMTs. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow There are also other more specific types of embezzlement such as those carried out by the fiduciary of a local government, state government, church, school, or charity. Fiscal management, grant administration, recruitment/selection of new personnel (Sheriff and Detention Center), research and planning, internal affairs investigations, coordination of performance . State Capital Ins. Specifically, Plaintiff alleged that Nash County EMS was negligent in the following respects: (a)The paramedics who arrived on the scene failed to supply Ms. Hendricks with supplemental oxygen between 3:34 p.m. and 3:48 p.m. (b)The Valium, which was given to Ms. Hendricks, was given in too small of a dose to have the desired effect of helping the paramedics intubate Ms. Hendricks. Applies to any person exercising a public trust or holding a public office, or who is a guardian, administrator, executor, trustee, or other fiduciary. A class C felony is punishable by a presumptive term of 58-73 months of incarceration. Nash County EMS filed an answer denying the essential allegations of the complaint and asserting, inter alia, the defenses of governmental immunity, lack of subject matter jurisdiction, and lack of personal jurisdiction. The National Read Across America Day takes place every year on March 2, Geisels birthday. Pursuant to N.C. Gen.Stat. Like cities, counties have governmental immunity when engaging in activity that is clearly governmental in nature and not proprietary. McIver, 134 N.C.App. - Manage notification subscriptions, save form progress and more. If a person is convicted, they will be sentenced under one of two different classes of punishment. This material may not be published, broadcast, rewritten, or redistributed. Co. v. Nationwide Mut. Under the new law which takes effect December 1, 2020*, there will be three categories for expungements: Category 1: Single Misdemeanor Convictions. Thus, a persons conduct must be only one or the other. It's a class H felony, unless the value of the property involved is $100,000 or more; in that case, it is a class C felony, which is punished more severely. 15-CVS-950] Lassiter v. Keystone Freight Corp. et al. Co., 318 N.C. 534, 538, 350 S.E.2d 66, 68 (1986). The SBI says Wilson is accused of embezzling $700,000 while Allen is accused of embezzling over $1,000,000. ** However, this exclusion shall not apply to liability of county employed or county volunteer Emergency Medical Technicians. It is important to consult an experienced attorney when determining the appropriate defenses to an embezzlement charge. Therefore, Plaintiff's action in the instant case is barred by governmental immunity unless Nash County was covered by an insurance policy on the date of the alleged negligence which provided coverage for the claim asserted by Plaintiff. Divisions Emergency Services consists of four divisions: Create a Website Account - Manage notification subscriptions, save form progress and more. Constitutional carry bill aims to eliminate handgun permits, Medic: Teen dead, driver seriously injured in crash on I-485 in west Charlotte, No serious injuries reported after car drives into Shelby sporting goods store, Apple closes Northlake Mall store one day after third shooting in past three months, Medical Marijuana bill passes NC Senate; some cannabis supporters against bill, PLAN AHEAD: Latest Weather Forecast Video. Stay up-to-date with how the law affects your life. iY|8Nm`fesG>Bc-mIa}kl1.tc&vCvTnHX[dC.lRFTAQbJDV>*:ifYE6>`acc}}8> z^KNA2Qbymx ]yDx{t6qq~"!g,l ,"\<>NQqo|"8$+=ll3jv))YOqa HzS6}=,7!5H}tUt@B:]M.p:|k,QQg?7q ! - Manage notification subscriptions, save form progress and more. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. All rights reserved. The investigation is based on inadmissible evidence. In North Carolina the law on governmental immunity is clear. Id. The N.C. Department of Transportation this month awarded a $23 million contract to Barnhill Contracting Co. of Rocky Mount to replace these set of bridges: x\[s6~L@X4qmLMLwd'6)PHisp.trW>}W/?m?.>~jY_%dF9[T2?/Q? The use of the property is permissive or authorized. Candidate, Nash County Sheriff Elections and appointments Last election November 8, 2022 Submit contact information Send Ballotpedia contact information for this person Keith Stone ( Republican Party) ran for election for Nash County Sheriff in North Carolina. N.C. Gen.Stat. Learn more about FindLaws newsletters, including our terms of use and privacy policy. In the absence of some statute that subjects them to liability, the State, its municipalities, and the officers and employees thereof sued in their official capacities, are shielded from tort liability when discharging or performing a governmental function. Plaintiff thereafter amended its complaint to add Nash County as a named defendant. Thus, pursuant to N.C.G.S. Donna Osowitt Steele, 52, of Taylorsville, N.C., appeared before U.S. Magistrate Judge David S. Cayer Wednesday and pleaded guilty to wire fraud, for embezzling more than $15 million from her former employer. Durham Fire Department trainees, 45-year-old recruit, Hundreds of Wake County students perform at annual, Fry for free: NC hotel in ocean-holding fundraiser, 3 Nash County teens busted for 30 vehicle break-ins, Hurricanes add insurance defenseman, trade for Coyotes, Wolfpack running backs ready to carry heavier loads, Panthers to meet with QB Derek Carr: Sources, Duke beats NC State for 5th straight win, 71-67, Duke romps No. Plaintiff counters by arguing that the Policy specifically covers the acts for which Plaintiff is seeking to recover. Copyright 2023, Thomson Reuters. The woman pleaded guilty to wire fraud embezzlement scheme, which carries a maximum penalty of 20 years in prison and a $250,000 fine. Depending on the facts of the case, the following defenses may be available: About the Author: W. Scott Harkey is a former senior white-collar special prosecutor and the managing attorney at Harkey Litigation. Address 120 West Washington Street Nashville , North Carolina , 27856 Phone 252-459-9818 Map of Nash County Department of Social Services Food Stamp Office View map of Nash County Department of Social Services Food Stamp Office, and get driving directions from your location. The owners of Victim Company A and its parent company reside overseas. In North Carolina, embezzlement is when a fiduciary knowingly and willingly takes, misapplies, or converts another persons property to their own use. Office of the Governor of North Carolina; Mann v. Union County Clerk of Court; Reed v. Carolina Holdings et al. All Rights Reserved. ( 9+. 583, 584, 518 S.E.2d 522, 524 (1999). Contact us. Meeting with a lawyer can help you understand your options and how to best protect your rights. In support of their motion, Defendants submitted an affidavit by Lynne Anderson, Finance Officer of Nash County, stating that the only liability insurance policy in effect for Defendants at the time of Defendants' alleged negligence was an insurance policy issued to Nash County by the North Carolina Counties and Property Insurance Pool Fund (the Policy). Embezzlement is a complex crime where the charges can vary greatly; specific circumstances can trigger federal charges such as if you embezzled from a bank. King, U.S. Attorney for the Western District of North Carolina, announced then guilty plea. The case has been referred to the Conference of District Attorneys. The amount of funds that can be accumulated during a long-term embezzlement scam can be startling. According to a warrant filed with the Nash County Clerk of Court, McKnight, 42, was arrested on April 20 and charged with two counts of embezzlement and two counts of financial card fraud.. The term Technician is defined as a certified first responder, certified emergency medical technician, certified intravenous technician, certified paramedic, or ambulance driver. Plaintiff contends that these provisions and definitions cover the action in the instant case-a wrongful death action based on the negligence of paramedics and EMTs in providing emergency professional medical services.

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