R. Gregory Lewis (Charlotte, NC) (Government Law) obtained Summary Judgment on behalf of a municipality and police officer in Superior Court, Davidson County, NC.
Plaintiff alleged she sustained substantial injuries resulting from a motor vehicle accident, where the Defendant was fleeing from law enforcement in what Plaintiff’s counsel contended was a reckless, high-speed chase. The evidence tended to show that the municipality’s Mayor received a call from a citizen, reporting a vehicle was traveling recklessly through the Town. The Mayor alerted the Chief of Police, who dispatched a traffic officer. In searching for the vehicle, the officer was alerted by a witness, who pointed out a vehicle in a convenience store parking lot that the witness had observed traveling recklessly. The officer entered the store parking lot, and subsequently observed the vehicle operator pull up to the exit of the parking lot, “gunned” his engine several times, and sped off down the road. The officer gave chase with blue lights and siren engaged, although his dash cam never showed the fleeing vehicle until it was involved in collisions in the distance. The Defendant driver had attempted to pass a truck pulling a landscape trailer, collided with the trailer, causing the truck to veer left-of-center, colliding head-on with Plaintiff’s vehicle. The Defendant left the scene, but was apprehended a short distance away after his car broke down and he attempted to flee on foot. The Defendant had 5 DWI convictions in the 10 years prior to this accident, and his license had been revoked 4 years prior. The truck driver died as a result of the accident, and Defendant was charged with Felony 2nd Degree Murder, Aggravated Felony Death by Vehicle, two counts of Aggravated Felony Serious Injury by Vehicle, Felony Habitual Impaired Driving and Felony Eluding Law Enforcement, and was sentenced to 15+ years. In joining the municipality and traffic officer as Defendants, Plaintiff alleged that the officer was negligent, grossly negligent, and wantonly negligent in engaging in a high-speed chase through the Town, and that the municipality was negligent by operation of law (respondeat superior) in that the officer was in the course and scope of his employment with the Town.
Plaintiff’s counsel argued in opposing Defendants’ motion for Summary Judgment that the officer’s actions were reckless, and had he not been chasing the reckless driver, the accident would likely not have happened. In support of Summary Judgment, defense counsel argued the motor vehicle laws regarding speed restrictions shall not apply to vehicles when operated with due regard for safety under the direction of the police in the chase or apprehension of violators of the law or of persons charged with or suspected of any such violation, absent reckless disregard for the safety of others. Defense counsel, a former law clerk for the Chief Judge of the North Carolina Court of Appeals, offered a case factually on point, where a citizen called 911 to report a vehicle being operated recklessly, the vehicle was subsequently pointed out by another citizen to the investigating law enforcement officer, who then gave chase at speeds between 80-103 mph, with the eluding driver subsequently causing a collision with a 3rd party. Plaintiff in that case sued the officer and the municipality, and the trial court granted Summary Judgment. Upon review, the Court of Appeals unanimously affirmed, and the Supreme Court of North Carolina denied discretionary review. Based upon the case law as presented here by defense counsel, the trial judge granted Summary Judgment and Plaintiff appealed. After preparing and settling the Record on Appeal, Plaintiff’s counsel did not timely file the Record with the court, and subsequently advised that Plaintiff was abandoning the appeal.