Legal Opinion

McIver v. Smith

Court of Appeals of North Carolina

Decided August 17, 1999No. COA98-1039PublishedCited by 15 opinions

1Opinion of the Court

LEWIS, Judge.

Plaintiffs appeal the trial court’s granting of defendants’ motion for summary judgment based on defendants’ qualification for governmental immunity.. We affirm.

Defendant James Smith (“Smith”), an employee of Forsyth County, was driving a Forsyth County Emergency Medical Services (“EMS”) vehicle on 20 August 1995 in Winston-Salem. While responding to a 911 call he approached the intersection of Cherry Street and Seventh Street, slowed the ambulance, looked both ways, saw no approaching traffic, and proceeded to enter the intersection. The ambulance’s emergency lights and siren…

2Cases cited23 opinions

  1. Koontz v. City of Winston-SalemSupreme Court of North Carolina · 1972
  2. Roumillat v. Simplistic Enterprises, Inc.Supreme Court of North Carolina · 1992
  3. Britt v. City of WilmingtonSupreme Court of North Carolina · 1952
  4. Wanzer v. District of ColumbiaDistrict of Columbia Court of Appeals · 1990
  5. Pawlak v. Redox Corp.Michigan Court of Appeals · 1990

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3Cited by15 opinions

  1. Applewhite v. Accuhealth, Inc.New York Court of Appeals · 2013
  2. Willett v. Chatham County Board of EducationCourt of Appeals of North Carolina · 2006
  3. Pierson v. Cumberland County Civic Center CommissionCourt of Appeals of North Carolina · 2000
  4. Wilkerson v. Norfolk Southern Railway Co.Court of Appeals of North Carolina · 2002
  5. Childs v. JohnsonCourt of Appeals of North Carolina · 2002

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