court focused on the fact that the officer was performing his official police duties when he was responding to a call at the time of the collision
How later courts described this case
- court focused on the fact that the officer was performing his official police duties when he was responding to a call at the time of the collision
Written by the judges who cited it.
The opinion
Judge Wynn
concurring in the result:
Since the doctrine of sovereign immunity bars any recovery by Mr. and Mrs. Williams from the City of Raleigh or its negligent officer, see, Jones v. Kearns, 120 N.C. App. 301 , 462 S.E.2d 245 , disc. review denied, 342 N.C. 414 , 465 S.E.2d 541 (1995) (Wynn, J. concurring in the result), it would indeed add further insult to Mr. Williams’ injuries to deny him an opportunity to recover under the uninsured motorist provision of his own insurance policy. Whether we term the application of the doctrine of sovereign immunity as a shield from liability is unimportant, the net effect is that the City maintains no insurance coverage for the negligent acts of its employees for damages under $1,000,000.00. In short, as to Mr. Williams, the City is uninsured. Under the circumstances of this case, finding coverage under the uninsured motorist provision of the policy is the correct outcome.