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Hull v. Oldham9/3/1991
Procedural History
Both plaintiffs alleged in their complaints five claims for relief: (1) gross negligence or negligence on the part of each individual defendant; (2) liability of defendant Oldham and his bonding company, United States Fidelity and Guaranty Company, under his official bond; (3) liability of defendant Oldham's deputies and lieutenants and another bonding company, Hartford Accident and Casualty Company, under a separate bond issued to Forsyth County; (4) liability of defendant McCrary as Sheriff of Davidson County and his bonding company, Western Surety Company, under his
official bond; and (5) liability of defendant McCrary's deputy and Western Surety Company under a separate bond issued to Davidson County.
Defendants filed motions to dismiss in both cases pursuant to Rule 12(b)(6) and Rule 12(b)(1) of the North Carolina Rules of Civil Procedure for failure to state a claim upon which relief can be granted and lack of subject matter jurisdiction. On 7 September 1989, both plaintiffs filed notices of voluntary dismissal pursuant to Rule 41 as to all claims against Hartford Accident and Casualty Company, effectively dismissing their third claims. In addition, plaintiff Cantrell filed notice of voluntary dismissal as to his claims against defendants Aronhime, Crawley and Chadwick of the Forsyth County Sheriff's Department, Davidson County Sheriff McCrary, Deputy Godfrey, and Western Surety Company, effectively dismissing his fourth and fifth claims.
On 20 December 1989, the trial court in each case allowed all motions to dismiss pursuant to Rule 12(b)(6) regarding the first claims for relief alleging gross negligence and denied all motions regarding the second claims. The trial court denied all motions to dismiss Hull's fourth claim pursuant to Rule 12(b)(6) but granted motions to dismiss Hull's fifth claim. The trial court denied all Rule 12(b)(1) motions in both cases. Pursuant to Rule 54(b) of the North Carolina Rules of Civil Procedure, the trial court entered final judgment as to the first and fifth claims and found no just reason to delay the appeal.
From this judgment, plaintiffs and defendants appealed. Defendants petitioned this Court to issue a writ of certiorari pursuant to Rule 21 of the North Carolina Rules of Appellate Procedure as to the trial court's denial of defendants' motions to dismiss under Rules 12(b)(6) and 12(b)(1), and the plaintiffs joined in that petition. The petition was allowed 11 April 1990.
Facts
Plaintiffs allege the following facts regarding the events which took place over a three day period in 1988:
July 15
A Forsyth County deputy was dispatched to Edwards' Moped Shop, which was run by Michael Hayes. Part of his conversation with Hayes "centered around firearms and how could procure
certain firearms." Hayes asked how he could mount a shotgun on a moped because he said he was "going to Hanging Rock the next day and planned to shoot the tires out of any car that tried to run him off the road."
July 16
On the evening of July 16, Hayes was seen making obscene gestures and shooting into the air. At 4:17 p.m., his mother called the Forsyth County Sheriff's Department and told them Hayes was crazy, needed to be in a mental hospital, and had a shotgun. Three officers from the Forsyth County Sheriff's Department went to the moped shop and talked with Hayes. "Hayes was cursing and very arrogant and advised the deputies to 'Come on back I have something for you.'" The officers did not check his criminal record on which there was a warrant
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