Opinion

Mullins Ex Rel. Mullins v. Brody's Store Manager

  • 116 N.C. App. 676
  • 449 S.E.2d 227
  • 1994 N.C. App. LEXIS 1117
Court
Court of Appeals of North Carolina
Filed
Nov 1, 1994
Status
Published
Author
Johnson
On the bench
Greene, Johnson
Cited by
17 cases
Authority
More cited than 6.3%

“If the plaintiff does not allege a waiver of immunity by the purchase of insurance, the plaintiff has failed to state a claim against the governmental unit.” (emphasis added)

How later courts described this case

  • “If the plaintiff does not allege a waiver of immunity by the purchase of insurance, the plaintiff has failed to state a claim against the governmental unit.” (emphasis added)
  • “[A] public official [as opposed to a “public employee”] is immune from personal liability for mere negligence in the performance of his duties ....”
  • “A police officer in the performance of his duties is engaged in a governmental function.”

Written by the judges who cited it.

The opinion

Judge Johnson

concurring in part and dissenting in part.

I concur in all respects except in regards to. defendant Friend’s punitive damages. As to this, I respectfully dissent.

To justify an award of punitive damages for false imprisonment, an additional element of aggravating or outrageous conduct must exist. Blackwood v. Cates, 297 N.C. 163 , 254 S.E.2d 7 (1979); Rogers v. T.J.X. Companies, 329 N.C. 226 , 404 S.E.2d 664 (1991). “Evidence of insult, indignity, malice, oppression or bad motive” constitutes outrageous behavior. Id. at 230 , 404 S.E.2d at 666 .

Requiring plaintiff to drop her pants down to her ankles and lift her shirt up was more than enough evidence of insult, indignity and oppression constituting aggravating or outrageous conduct. The evidence presented shows that plaintiff was unjustly detained and subjected to outrageous conduct without benefit of probable cause. Under the facts and circumstances of this case the conduct was outrageous and exceeded the bounds of common decency.

Thus, I respectfully dissent and would affirm the trial court’s award for punitive damages.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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