WILCOX v. CITY OF ASHEVILLE

No. COA12-12.

730 S.E.2d 226 (2012)

Mary Ann WILCOX, Plaintiff, v. CITY OF ASHEVILLE; William Hogan, individually and in his official capacity as the Chief of the City of Asheville Police Department; Stony Gonce, individually and in his official capacity as a police officer for the City of Asheville; Brian Hogan, individually and in his official capacity as a police officer for the City of Asheville; Cheryl Intveld, individually and in her official capacity as a police officer for the City of Asheville, Defendants.

Court of Appeals of North Carolina.

August 7, 2012.


Attorney(s) appearing for the Case

Hyler & Lopez, P.A., by Stephen P. Agan and George B. Hyler, Jr. , Asheville, for Plaintiff.

Parker Poe Adams & Bernstein LLP, by Jason R. Benton , Charlotte, and Kelly L. Whitlock , for Defendants.

Patterson Harkavy LLP, Raleigh, by Burton Craige , and Tin Fulton Walker & Owen, PLLC, Charlotte, by S. Luke Largess , for Amicus North Carolina Advocates for Justice.

General Counsel Kimberly S. Hibbard and Senior Assistant General Counsel Gregory F. Schwitzgebel III for Amicus North Carolina League of Municipalities.


STEPHENS, Judge.

In May 2007, Plaintiff Mary Ann Wilcox was shot by Asheville Police Department ("APD") officers during APD's pursuit of a vehicle in which Wilcox was the only occupant other than the driver. The pursuit began when the driver of the vehicle sped away from an APD officer during a traffic stop. At several points during the approximately 20-minute pursuit, which involved multiple APD officers and reached speeds up to 45 miles per hour, APD officers Defendant...

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