NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 830

HOUSE BILL 1268

 

 

AN ACT TO REIMBURSE THE FAMILY OF DONALD PETTEWAY FOR ATTORNEY FEES INCURRED IN DEFENDING DAMAGE SUIT ARISING OUT OF SCHOOL BUS ACCIDENT.

 

Whereas, on May 6, 1968, Donald Petteway, a Smith High School Junior and school bus driver, attempted to drive a busload of students around a parked car on Merritt Drive. That while proceeding around the car at 10 m.p.h., he put a fifty dollar ($50.00) dent in a car occupied by a woman; and

Whereas, on May 5, 1971, a personal injury action was served on Donald Petteway asking for thirty-five thousand dollars ($35,000) for injuries arising out of the above collision; and

Whereas, under then existing law, if a school bus driver was involved in an accident, and the victim sued the driver in civil court, neither the State, the county, the city nor the schools were required to help the bus driver. Neither is the driver's private insurance company because the bus driver was driving a public vehicle; and

Whereas, the Petteways hired an attorney at their own expense to defend the civil action and have expended the sum of five hundred twenty-one dollars ($521.00) in attorney fees; and

Whereas, the matter came on for trial several times and each time was continued because one of the plaintiff's witnesses failed to show up. That finally on October 31, 1973, an involuntary dismissal was ordered, and the time for reopening the case has expired; and

Whereas, an inequity will lie if the family of Donald Petteway is not reimbursed for the money they paid in attorney's fee in defending this civil action; Now, therefore,

 

The General Assembly of North Carolina enacts:

 

Section 1.  The Greensboro City Board of Education is hereby authorized to reimburse the family of Donald Petteway the sum of five hundred twenty-one dollars ($521.00), less any sum which may have been paid by insurance, which it incurred as attorney's fee in defending the civil action.

Sec. 2.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 25th day of June, 1975.