NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

 

 

CHAPTER 1096

HOUSE BILL 502

 

 

AN ACT TO AUTHORIZE LIMITED COMPENSATION TO RALPH WAYNE GROCE OF DAVIE COUNTY FOR INJURIES RECEIVED IN AIDING A STATE HIGHWAY PATROLMAN IN AN ARREST.

 

WHEREAS, on July 28, 1959, Ralph Wayne Groce of Davie County went to the aid of State Highway Patrolman W.G. Wright at his request for assistance in arresting Jack Bassinger for alleged operation of a motor vehicle on the public highway while under the influence of intoxicating liquors; and

WHEREAS, the alleged violator cut Groce about the throat with a pocket knife while Groce was assisting the officer in taking Bassinger into custody; and

WHEREAS, the injury sustained by Groce required hospital and medical treatment and loss of time from work; and

WHEREAS, the provisions of G.S. 14‑224 make it a crime to fail to aid an officer when aid may be requested by him in arresting any person charged with a crime; and

WHEREAS, Ralph Wayne Groce has no legal remedy as against the State and no other practicable means of recovering compensation for his loss resulting from the injury, except by An Act of the General Assembly: Now, therefore,

 

The General Assembly of North Carolina do enact:

 

Section 1.  The North Carolina Department of Motor Vehicles is hereby authorized and directed to investigate the facts and circumstances of the injuries to Ralph Wayne Groce and his loss and damages resulting as set forth in the preamble of this Act, and may agree to pay and pay Groce compensation in an amount not to exceed one hundred dollars ($100.00) which may be necessary in order to reimburse the injured person for his hospital and medical expense, and loss of wages or other earnings, attributable to the injury.

Sec. 2.  If the North Carolina Department of Motor Vehicles does not desire to make settlement by agreement with Groce, the North Carolina Industrial Commission is authorized and directed to investigate the facts and circumstances under which Ralph Wayne Groce received injuries, and his loss and damages resulting therefrom, and if the North Carolina Industrial Commission shall find that the injuries to Groce were incurred in the manner and under the circumstances hereinabove set forth, the Commission is authorized to order and direct the North Carolina Department of Motor Vehicles to pay Groce such an amount, not to exceed one hundred dollars $100.00) as the Commission may find that Ralph Wayne Groce has been damaged.

Sec. 3.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 21st day of June, 1961.