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Judge dismisses wrongful death suit against Franklinton police

Posted June 10, 2009

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— A judge has dismissed a lawsuit against the town of Franklinton and its police department in relation to an officer-involved wreck that killed two sisters.

Superior Court Judge Shannon Joseph issued a ruling this week granting a summary judgment to the town, police officer and his superiors.

Linsay Lunsford, 18, and Maggie Lunsford, 9, were on their way home from a Wal-Mart shopping trip on Dec. 1, 2007, when, Guy Christopher Ayscue slammed his car head-on into theirs.

Both girls and Ayscue died in the wreck.

Franklinton police officer Michael Dunlap was pursuing Ayscue at the time of the collision. According to a Highway Patrol investigation, the 15-mile chase reached speeds of up to 90 mph, 35 mph above the posted speed limit.

Gene Edmundson, an attorney representing the Lunsford family, said his clients plan to appeal Joseph's ruling. He also said the family has reached an undisclosed settlement with Ayscue's estate.

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  • zoocrew1 Jun 11, 2009

    here is what you need to do leo-nc The next time your in a situation where the public is watching ie you have to draw your gun. Dont and tell them you dont want to because you dont want to get sued

  • thepeopleschamp Jun 11, 2009

    "Faulty analogy. The dude with the ball is going to run for the touchdown even if no one chases him at all." Lightfoot

    Thanks for making my point. The guy would run whether being chased or not. Might I ask what profession you are in sir?

  • leo-nc Jun 11, 2009

    "Yep, we have to have these police chases to recover important things like motorcycles. http://news.aol.com/article/fleeing-car-hits-crowd-killing-3-kids/522847"----

    In case you hadn't read the story you posted, it was a ROBBERY. Don't want to chase robbery suspects or violent offenders either now?

  • zoocrew1 Jun 11, 2009

    Well i think the judge made the right decision. It just suprises me how easy it is to get a law suit these days. When i saw the facts of the case, i knew there was not chance they win the case. LEO's you have my respect. While on the chance that you actually have to take a life its sad that one of the first things that probably goes through your mind other than the fact you had took a life. Is that you are going to get sued. Even if the guy was firing at you and you were completely justified. Thats messed up. Im glad the laws are there to protect you from this. Its sad. I think that before a lawsuit is even "brought up" if has to meet certain requirements. Maybe that would keep some of these unbelievable lawsuits out of court.

  • zoocrew1 Jun 11, 2009

    wa4mjf he might not be now but he was seen leaving the scene and at the time of the chase he was considered a suspect. I dont know if he has been charged. But we was leaving the scene of triple shooting and refused to pull over. At the time of the chase he was considered a suspect. Not that him fleeing didng negate that suspicion.

  • itsmyownopinion Jun 11, 2009

    Yep, we have to have these police chases to recover important things like motorcycles.
    http://news.aol.com/article/fleeing-car-hits-crowd-killing-3-kids/522847

  • leo-nc Jun 11, 2009

    "While some in fantasy land think cops do no wrong, the reality of it is that some do. Sometimes it’s intentional, sometimes it’s adrenaline, and sometimes it’s just raw emotion. But it happens."---

    With that we can agree. Some do wrong and some deserve to be punished. However, in this case, the cop did not break the law. He DID violate policy and I've already agreed that he should have been punished INTERNALLY for that. He was and it's over. By violating an internal policy, that does not mean he can be sued under the law because the law supports his actions, and has for years.

  • Lightfoot3 Jun 11, 2009

    “We all know what assumption does, Lightfoot.” – leo-nc


    Yeah, yeah, we all know the cute saying. But in the real world, people still make assumptions. I wasn’t stating it as absolute, proof positive, fact. What’s wrong with people on GOLO?


    “you don't have a clue as to what you're talking about when it comes to this case and when it comes to police officers in general.” - leo-nc


    Sure I do. And no one needs a secret decoder ring to figure it out. While some in fantasy land think cops do no wrong, the reality of it is that some do. Sometimes it’s intentional, sometimes it’s adrenaline, and sometimes it’s just raw emotion. But it happens.

  • leo-nc Jun 11, 2009

    "Reasonable assumption"-- We all know what assumption does, Lightfoot. Sadly, it's done the same for you. You can talk about this all day long but really, at the end of the day, you don't have a clue as to what you're talking about when it comes to this case and when it comes to police officers in general.

  • Lightfoot3 Jun 11, 2009

    “you keep saying the officer's "ego". Where do you get that from?” – anitov


    Reasonable assumption. Could be wrong, but probably not. Especially since he thought he was better than department rules.


    “I was watching football.” – anitov


    Faulty analogy. The dude with the ball is going to run for the touchdown even if no one chases him at all. That’s part of the game. Recklessly pursuing someone, against department rules, and needlessly endangering the public is NOT a game!

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