Estate of Baldwin v. Rha Health Servs., Inc.

TYSON, Judge.

*59 Mattie Rollins ("Plaintiff"), administrator of the estate of Tabatha Baldwin, appeals from order granting the motion to dismiss of RHA Health Services, Inc. ("Defendant"), and dismissing Plaintiff's complaint with prejudice. We affirm.

I. Factual Background

In October 2012, Tabatha Baldwin ("Ms. Baldwin") was a resident of Southern Avenue Home, a long-term residential facility for developmentally disabled persons, located in Fayetteville, North Carolina and operated by Defendant. Ms. Baldwin was profoundly mentally retarded and unable to communicate verbally.

At approximately 11:51…