Deputy's lawsuit sent back to lower court
By From staff reports
Published in News on September 23, 2014 1:46 PM
The state Court of Appeals has reversed a Wayne County Superior Court judge's ruling that had granted a summary judgment in favor of a Wayne County sheriff's deputy and has sent the case back to the lower court.
The court case stems from a December 2009 wreck at the intersection of U.S. 117 North and Woodview Drive involving Deputy Daniel Joseph Truhan and Susan P. Walston.
Truhan was responding at a high rate of speed to a wreck when his cruiser collided with the vehicle driven by Mrs. Walston, both of whom were seriously injured.
According to court records, Truhan was a warrant officer at the time and had received no training for emergency driving beyond the Basic Law Enforcement Training program he had completed in 2004.
A collision analysis report found that Truhan's vehicle reached speeds of more than 100 mph before the wreck. The speed limit along that section of road ranged from 35 to 45 mph.
The speed at impact was estimated at 95 mph.
Mrs. Walston said she stopped at the stop sign at Woodview Drive at U.S. 117 and saw no approaching traffic. She said that she was entering the southbound lane of U.S. 117 when she saw blue lights out of the corner of her eye and was immediately hit by Truhan's car.
Truhan had turned on the car's blue lights, but not the siren as required by county policy, according to the court documents.
Truhan filed a complaint against Mrs. Walston in February 2012, alleging that she was negligent. He also sued Mrs. Walston's husband, David M. Walston.
Mrs. Walston filed a counterclaim in May 2012 denying any negligence on her part. She alleged it was Truhan's negligence that caused the wreck.
She sought both compensatory and punitive damages.
Truhan responded by claiming governmental immunity and contributory negligence.
Both parties, along with several insurance companies, filed motions for summary judgments.
On Nov. 4, 2013, the trial court denied the Walstons' motion, but did grant a summary judgment in favor of Truhan.
That action was appealed and sent to the N.C. Appeals Court, which last month reversed the ruling and sent the case back to Superior Court.