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WILHELM v. CITY OF FAYETTEVILLE

No. COA95-404.

464 S.E.2d 299 (1995)

Robert Allen WILHELM, Plaintiff, v. CITY OF FAYETTEVILLE, a municipal corporation, and Grant Thomas Smith, Defendant.

Court of Appeals of North Carolina.

December 5, 1995.

Attorney(s) appearing for the Case

Hubert N. Rogers, III, Lumberton, for plaintiff-appellant.

Robert C. Cogswell, Jr., Fayetteville, for defendants-appellees.

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 plaintiff's car and plaintiff suffered injuries as a result of the collision...

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