STALEY v. LINGERFELT

No. COA98-1293.

517 S.E.2d 392 (1999)

Michael G. STALEY and Melody H. Staley, Plaintiffs, v. L.K. LINGERFELT, individually and in his official capacity as a police officer of the Lowell Police Department, and the City of Lowell, a North Carolina Municipal Corporation, Defendants.

Court of Appeals of North Carolina.

July 20, 1999.


Attorney(s) appearing for the Case

Bailey, Patterson, Caddell, Hart, Milliken & Bailey, P.A., by H. Morris Caddell, Jr. and Helen Ruth Harwell, Charlotte, for plaintiffs-appellants.

Stott, Hollowell, Palmer & Windham, L.L.P., by Martha Raymond Thompson, Gastonia, for defendants-appellees.


WALKER, Judge.

On 11 June 1993, plaintiff Michael Staley's mother was involved in an automobile collision in Lowell, North Carolina. Defendant L.K. Lingerfelt, a police officer for the City of Lowell (the City), investigated the collision. As the investigation proceeded, plaintiff Michael Staley arrived at the scene to find out how his mother was doing. There, he became involved in a shouting altercation with the driver of the other vehicle involved in the collision...

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