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FOWLER v. DEPT. OF CRIME CONTROL

No. 8810IC320.

376 S.E.2d 11 (1989)

92 N.C. App. 733

David Mitchell FOWLER, Co-Personal Representative of the Estates of Richard C. Crutchfield, deceased, Wendie Crutchfield, deceased and Sallie Crutchfield, deceased, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF CRIME CONTROL & PUBLIC SAFETY, Defendant.

Court of Appeals of North Carolina.

February 7, 1989.

Attorney(s) appearing for the Case

Pollock, Fullenwider, Cunningham & Patterson, P.A. by Bruce T. Cunningham, Jr., Southern Pines, for plaintiff-appellant.

Atty. Gen. Lacy H. Thornburg by Associate Attys. Gen. Meg Scott Phipps and Patricia F. Padgett, Raleigh, for defendant-appellee.

WELLS, Judge.

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 speeds up to 100 miles per hour. The driver of the pursued vehicle attempted to pass a vehicle...

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