JONES v. CITY OF DURHAM

No. 137A05.

622 S.E.2d 596 (2005)

360 N.C. 81

Linda JONES v. The CITY OF DURHAM and Joseph M. Kelly (in his official Capacity as a police officer for the City of Durham).

Supreme Court of North Carolina.

December 16, 2005.


Attorney(s) appearing for the Case

Glenn, Mills & Fisher, P.A., by Robert B. Glenn, Jr., Stewart W. Fisher, and Carlos E. Mahoney, Durham, for plaintiff-appellant.

Faison & Gillespie, by Reginald B. Gillespie, Jr., Durham, for defendants-appellees.


LAKE, Chief Justice.

The sole question presented for review in this case is whether plaintiff presented sufficient evidence to show a genuine issue of material fact in order to survive summary judgment under a law enforcement officer vehicular gross negligence standard.

The Court of Appeals reversed the trial court and held that plaintiff's forecast of evidence was insufficient to maintain a claim of gross negligence...

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