(Download) "Fowler v. North Carolina Department of Crime Control & Public Safety" by Court of Appeals of North Carolina No. 8810IC320 # Book PDF Kindle ePub Free
eBook details
- Title: Fowler v. North Carolina Department of Crime Control & Public Safety
- Author : Court of Appeals of North Carolina No. 8810IC320
- Release Date : January 07, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
[92 NCApp Page 734] At the outset we consider whether our Supreme Court's decision in Bullins v. Schmidt, 322 N.C. 580, 369 S.E.2d 601 (1988),
which was filed 30 June 1988, applies to our decision in this case. In Bullins officers from the Greensboro Police Department
pursued a speeding vehicle for about eighteen miles, travelling at [92 NCApp Page 735] speeds up to 100 miles per hour. The
driver of the pursued vehicle attempted to pass a vehicle in a no-passing zone, collided with the Bullins automobile, and
killed both drivers. In response to the plaintiff's negligence action the North Carolina Supreme Court held that when a law
enforcement officer's vehicle does not collide with another person, vehicle, or object, the officer will not be held liable
for negligence unless his or her conduct constituted gross or wanton negligence. The Court held that plaintiffs failed to
establish a prima facie case of gross or wanton negligence and remanded for the entry of an order directing a verdict for
the defendants.