When you lose a loved one as the result of another party’s carelessness or recklessness, you can bring a wrongful death claim against the person or company that caused the death to recover compensation. This is often one of the most traumatic experiences that a family or individual will experience in his or her lifetime. Although no amount of money can ever return the loss of your loved one, it can make a difference when it comes to recovering from the severe financial impact that results from suddenly and tragically losing a loved one. At Maurer Law, our Charlotte wrongful death lawyers are available to assist you with exploring your potential right to recovery.
In a recent appellate opinion, the North Carolina Court of Appeal considered whether a wrongful death claim brought against the City of Raleigh was valid. In the complaint, the administrator of the decedent’s estate brought a claim against the city alleging that one of its officer’s patrol cars collided head-on with the motorized scooter on which the decedent was riding. According to the record, the officer was speeding on a two-lane road while engaged in a silent vehicle pursuit. The decedent, traveling in the opposite direction, made an abrupt turn across the officer’s lane of travel without using a turn signal. The vehicles collided head-on and the decedent and his passenger died immediately.
The trial court granted a motion to dismiss from the city and the plaintiff appealed. The plaintiff argued that the evidence presented a genuine issue of material fact regarding whether the officer was operating his patrol car with gross negligence. It also argued that governmental immunity did not apply to this case because the officer was acting in a particularly reckless manner and on the basis that the city waived its right to sovereign immunity. The plaintiff also alleged that its negligent supervision claim was improperly dismissed.