Wilhelm v. City of Fayetteville

JOHNSON, Judge.

The following uncontroverted evidence was presented to the trial court: On 28 May 1991, plaintiff was operating an automobile on a public street in Fayetteville. Fayetteville Police Officer Grant Thomas Smith was on duty operating a patrol car when he drove through a flashing red light at an intersection at what plaintiff contends was an excessive rate of speed. The patrol car hit plaintiffs car and plaintiff suffered injuries as a result of the collision.

Plaintiff filed an action alleging negligence on the part of Officer Smith in Cumberland County District Court, alleging…