213 N.C. App. 506
N.C. Ct. App.2011Background
- Peyton Brooks Strickland was killed on 1 December 2006 when an ERT member fired through his front door during a warrant service.
- The ERT entered Strickland's residence after UNC-W police requested Sheriff's Department assistance based on an investigation of a campus crime by UNC-W officers.
- UNC-W police allegedly provided false, misleading, and irrelevant information to the Sheriff's Department and ERT about Strickland being armed, dangerous, associating with gangs, and prior assaults.
- Plaintiff, Strickland's father, sued under the Tort Claims Act, asserting negligence in providing these statements and that they proximately caused Strickland's death.
- Defendants moved for summary judgment arguing the public duty doctrine bars the claim; after procedural history, the Industrial Commission denied summary judgment and the Full Commission affirmed, with appeal to the Court of Appeals.
- The court held that the public duty doctrine does not bar the claim because the alleged duty was to provide accurate information to identifiable investigators, not to the public at large.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the public duty doctrine bar the claim? | Strickland argues duty to provide accurate information owed to a specific group. | UNC-W asserts duty is to the public and thus barred by doctrine. | Public duty doctrine does not bar the claim. |
Key Cases Cited
- Braswell v. Braswell, 330 N.C. 363 (1991) (recognizes public duty doctrine in policing context)
- Isenhour v. City of Charlotte, 350 N.C. 601 (1999) (affirmative but limited duty to identifiable group; doctrine inapplicable to plaintiff's claim)
- Moses v. Young, 149 N.C.App. 613 (2002) (public duty doctrine not applicable when governmental negligence is direct cause)
- Myers v. McGrady, 360 N.C. 460 (2006) (limits liability for failures to prevent third-party harm due to resource allocation)
- Stone v. N.C. Dept. of Labor, 347 N.C. 473 (1997) (inspections for public safety—duty to public, not individual plaintiffs)
- Hunt v. N.C. Dept. of Labor, 348 N.C. 192 (1998) (negligent inspection of amusement ride; public safety statute creates public duty to general public)
- Blaylock v. N.C. Dept. of Corr., 200 N.C.App. 541 (2009) (supervision of probationer; public duty doctrine limits liability to public, not individuals)
- Lassiter v. Cohn, 168 N.C.App. 310 (2005) (discretionary police actions and hindsight liability considerations under public duty analysis)