North Carolina Court Allows Trooper Liability in Fatal Chase

A North Carolina Court of Appeals ruling has overturned a summary judgment in a wrongful death case against a state trooper, potentially setting a precedent for holding law enforcement officers in the state personally accountable for fatalities resulting from high-speed pursuits.
The Jan. 15, 2025 ruling in Higgins vs. Mendoza arises from the 2022 death of an East Carolina University student, Michael Higgins, who was studying criminal justice and was assigned to a ride along with the North Carolina State Highway Patrol. Higgins was in a patrol car with Trooper Brandon Cesar Cruz and during a high-speed chase, when the car ran off a road, killing Higgins.
In an appeal of the trial court’s summary judgment in favor of Cruz, the Court of Appeals found sufficient disputed evidence to potentially establish gross negligence, remanding the case for further proceedings and a possible trial.
The appeals court held that while governmental immunity, particularly in cases involving law enforcement officer, typically shields officers from liability for ordinary negligence, it does not extend to instances of gross negligence. The court’s ruling also clarifies that officers can be held personally liable under certain circumstances, opening the door for civil action against individual officers in cases of extreme misconduct rather than only suing a law enforcement agency or department.
Trooper’s Actions Under Scrutiny
Central to the appeals court’s analysis was the trooper’s conduct during the pursuit. According to the decision, several factors contributed to the potential finding of gross negligence:
- Extreme speed: The trooper reached speeds of 113 mph in a 55 mph zone.
- Failure to observe road conditions: Despite warning signs and visible indicators of an upcoming curve, the trooper maintained high speeds.
- Unauthorized passenger: A student intern was present in the vehicle during the pursuit, contrary to department policy.
- Loss of vehicle control: The combination of high speed and improper maneuvering led to a fatal crash.
These elements, when viewed collectively, raised sufficient questions about the trooper’s judgment and adherence to safety protocols to warrant further examination of negligence in court, the Court of Appeals found.
View the Court of Appeals decision here. &