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JONES v. CITY OF DURHAM

No. 137A05-2.

638 S.E.2d 202 (2006)

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 20, 2006.

Attorney(s) appearing for the Case

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

Faison & Gillespie, by O. William Faison and Reginald B. Gillespie, Jr., Durham, for defendant-appellees.

T. Marie Mobley and Bradley N. Schulz, Smithfield, for the North Carolina Academy of Trial Lawyers, amicus curiae.

Womble Carlyle Sandridge & Rice, P.L.L.C., by Mark A. Davis; North Carolina Association of County Commissioners, by James B. Blackburn; and North Carolina League of Municipalities, by Andrew L. Romanet, Jr., Raleigh, for the North Carolina Association of County Commissioners and the North Carolina League of Municipalities, amici curiae.

Mitchell Brewer Richardson, P.L.L.C., by Ronnie M. Mitchell, Fayetteville, and North Carolina Sheriffs' Association, Inc., by Edmond W. Caldwell, Jr., Raleigh, for the North Carolina Sheriffs' Association, Inc., amicus curiae.

Debra Bechtel, Newton, Mark H. Newbold, Arnetta Herring, Durham, and William Little, Greenville, for the North Carolina Association of Police Attorneys, amicus curiae.

PER CURIAM.

On 16 December 2005, this Court issued an opinion in this case, concluding "the Court of Appeals correctly held that plaintiff failed to demonstrate the existence of a genuine issue of material fact as to gross negligence and that defendants were entitled to summary judgment as a matter of law." Jones v. City of Durham, 360 N.C. 81, 90, 622 S.E.2d 596, 603 (2005). Subsequently,...

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