City of Winterville v. Strickland

Hall, Presiding Judge.

Two of the defendants in a wrongful death action, a policeman and his municipal employer, appeal from the denial of their motion for summary judgment.

Plaintiff’s son was killed in a collision with a car owned by one Mitchell, another defendant in this case. The Mitchell car had driven through the City of Winterville where the defendant policeman was on patrol duty. He testified that at 11 o’clock on a dark, rainy evening, he observed this car speeding at about 70 miles per hour, followed it for a mile to clock it, and then turned on his revolving red light and siren. The…