COCKERHAM-ELLERBEE v. TOWN OF JONESVILLE

No. COA07-1161.

660 S.E.2d 178 (2008)

Vernetta Marie COCKERHAM-ELLERBEE, Individually and as Administratrix of the Estate of Candice Cockerham, Plaintiff, v. The TOWN OF JONESVILLE, d/b/a The Jonesville Police Department, Scott Vestal And Lee Gwyn, Defendants.

Court of Appeals of North Carolina.

May 6, 2008.


Attorney(s) appearing for the Case

Kennedy, Kennedy, Kennedy and Kennedy, LLP, by Harvey L. Kennedy and Harold L. Kennedy, III, Winston-Salem, for plaintiff-appellant.

Frazier, Hill & Fury RLLP, by William L. Hill and Torin L. Fury, Greensboro, for defendants-appellees.


WYNN, Judge.

To make out a claim for punitive damages, a plaintiff must prove by clear and convincing evidence that the defendant is liable for compensatory damages and that the conduct causing the plaintiff's injury was accompanied by fraud, malice, or willful or wanton conduct, defined as "the conscious and intentional disregard of and indifference to the rights and safety of others, which the defendant knows or should know is reasonably likely to result in injury...

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