By Gary D. Robertson
Associated Press
RALEIGH, N.C. — The mother of a North Carolina university student killed while on a ride-along in a Highway Patrol cruiser can continue suing for gross negligence the trooper who drove off the road during a high-speed chase, a state appeals court ruled Wednesday.
By a 2-1 decision, judges on the intermediate-level state Court of Appeals reversed a trial court’s ruling that dismissed the lawsuit filed on behalf of the late Michael Higgins seeking damages from Trooper Omar Romero Mendoza.
One night in August 2020, Mendoza — known as Romero in patrol documents — drove off a Pitt County road at a curve after having been traveling over 110 mph (177 kph), striking a utility pole and two trees. Higgins, 22, an East Carolina University criminal justice major enrolled in a patrol internship program and inside the cruiser with Romero, died from his injuries.
Lisa Higgins, the administrator of her son’s estate, sued in 2022 both Romero and Trooper Brandon Cesar Cruz, who had suggested to her son that he ride with Romero when Cruz lacked the time to do so. Superior Court Judge William Wolfe dismissed in 2023 the lawsuit against both troopers. Cruz was removed from Lisa Higgins’ appeal last year.
Higgins had previously participated in two successful ride-alongs with other patrol officers. But neither Romero nor Cruz held the rank or the title required to complete one, and Higgins apparently was unaware that Romero wasn’t authorized to take him along, the majority opinion said.
Romero and Higgins responded to the scene of where a car had driven off the road into a ditch. Cruz also responded to the scene and encouraged Romero to pursue in a high-speed chase an unidentified driver in the area observed with an alcohol odor on her breath, according to trooper statements.
Romero activated his emergency lights and siren and with Higgins as a passenger accelerated the vehicle quickly to attempt to catch the driver. Romero stated at a deposition that he believed the two-lane road that he was traveling on was straight. Then he saw the suspect vehicle breaking to the left, but he couldn’t recall making any related driving adjustments, Wednesday’s ruling said.
A patrol report determined Romero had violated patrol policy in how he initiated the “traffic enforcement response.”
Romero’s lawyer argued that as a government official Romero was exempt in this situation from personal civil liability while pursuing a criminal suspect, and that the state Industrial Commission was where claims against a state employee’s actions could be brought. Commission awards are capped.
In the majority opinion, Court of Appeals Judge John Arrowood wrote that the speed limit exemption in a police pursuit in state law did not protect an officer from the “consequence of a reckless disregard of the safety of others.” And the evidence and testimony suggest there is a genuine issue of material fact that the trooper’s action rose to the level of gross negligence, he added.
“It should be for the jury to determine whether defendant Romero’s actions were needless or manifested a reckless indifference to the rights of Michael,” Arrowood wrote.
Court of Appeals Judge Allegra Collins agreed with Arrowood. In a dissenting opinion, Court of Appeals Chief Judge Chris Dillon wrote that in the most favorable light for the plaintiff, the evidence doesn’t show Romero acted with gross negligence.
Though how Romero “exercised his discretion in his pursuit of the suspected drunk driver may have been negligent, it did not rise to the level of ‘wanton conduct,’ done with ‘corruption or malice,’ ” Dillon added.
The state Supreme Court could agree to hear the case if requested.