North Carolina Court Rules Wounded Passenger Can Still Sue Officers

August 9, 2012

A North Carolina appeals court says a car passenger wounded during a police chase on Asheville roads five years ago can continue to seek damages against officers involved in the pursuit but not the city’s now-retired police chief.

The state Court of Appeals ruled Tuesday there are still genuine legal issues whether three officers acted recklessly or with malice when they tried to stop a vehicle carrying Mary Ann Wilcox in 2007 but driven by someone else. The officers fired 27 bullets. Wilcox was hit by two bullets.

The three-judge panel also reversed a trial court ruling and determined Wilcox lacked specifics to sue police Chief William Hogan on the basis of inadequate training and supervision.

The trial court earlier dismissed other claims by Wilcox based on government immunity.

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