Fowler v. North Carolina Department of Crime Control & Public Safety

WELLS, Judge.

At the outset we consider whether our Supreme Court’s decision in Bullins v. Schmidt, 322 N.C. 580, 369 S.E. 2d 601 (1988), which was filed 30 June 1988, applies to our decision in this case. In Bullins officers from the Greensboro Police Department pursued a speeding vehicle for about eighteen miles, travelling at speeds up to 100 miles per hour. The driver of the pursued vehicle attempted to pass a vehicle in a no-passing zone, collided with the Bullins automobile, and killed both drivers. In response to the plaintiffs negligence action the North Carolina Supreme Court held…