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Court: Woman Struck by Police Cruiser Can Sue City

The state Court of Appeals ruled Tuesday a woman who was injured when she was struck by a Durham police cruiser can sue the city for gross negligence.

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DURHAM, N.C. — The state Court of Appeals ruled Tuesday a woman who was injured when she was struck by a Durham police cruiser can sue the city for gross negligence.

Linda Jones filed a lawsuit after she was hit by Officer Joseph Kelly more than six years ago. The case bounced back and forth between the courts.

The appeals court ruled Tuesday Jones can sue because a video of the accident from the officer’s cruiser was lost. However, the court dismissed Jones’ claim that the city violated her constitutional rights.

Most cities are immune from lawsuits when their employees are involved in accidents. It is now up to a lower court to decide if Jones gets any money.

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