NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

CHAPTER 1289

HOUSE BILL 1733

AN ACT TO REIMBURSE BROOKS PHILLIPS FOR DAMAGES INCURRED AS A RESULT OF ACTIVITIES BY LAW ENFORCEMENT OFFICERS.

Whereas, on February 6, 1972, at approximately 1:30 a.m., the State Highway Patrol received a message that a Trailways bus had been hijacked and that the hijacker had robbed all the passengers, after which all passengers were forced from the bus, except one lady who was being held as a hostage; and

Whereas, after every effort to stop the hijacked bus failed, the bus had been driven by the hijacker through the Town of Rockwell at 60 miles per hour, all traffic lights being red, and had attempted to hit numerous motorists whom he had met on the highway, and due to the seriousness of the situation, it was determined that the hijacked bus must be stopped and a roadblock was ordered; and

Whereas, a tractor-trailer tanker, the property of A. C. Widenhouse Transport, along with the State Highway Patrol vehicle was used to set up the necessary roadblock as the highway was four lanes and heavy equipment was needed to stop the hijacked bus; and

Whereas, the hijacker operating the hijacked bus increased the speed of the bus to 70 to 75 miles per hour and attempted to run the roadblock, totalling the State Highway Patrol vehicle and damaging the trailer of the tractor-trailer tanker belonging to A.C. Widenhouse Transport in the amount of four hundred fifty-five dollars ($455.00); and

Whereas, House Bill 23 has been introduced and passed by the 1973 Session of the North Carolina General Assembly as Chapter 633 of the 1973 Session Laws awarding A. C. Widenhouse Transport the sum of four hundred fifty-five dollars ($455.00) for damages suffered to its vehicle; and

Whereas, the hijacker, operating the hijacked bus at high speeds, struck the roadblock consisting of A.C. Widenhouse Transport vehicle and State Highway Patrol vehicle, careening off this roadblock and striking a third vehicle which had been stopped by a law enforcement officer and belonging to a Mr. Brooks Phillips, totalling said automobile and permanently injuring Mr. Brooks Phillips; and

Whereas, hospital bills for Mr. Phillips have now gone beyond nine thousand dollars ($9,000), and said Mr. Phillips being maimed for life; and

Whereas, Mr. Phillips' claim does not fall within the purview of the Torts Claim Act, nor does Mr. Phillips have a remedy at law. Therefore, Mr. Phillips seeks actual expenses in loss of automobile and actual expenses in hospital and doctor bills; Now, therefore,

The General Assembly of North Carolina enacts:

Section 1.  There is hereby appropriated out of the General Fund of the State to the Department of Transportation, Motor Vehicles Division, the sum of nine thousand two hundred forty-nine dollars and thirteen cents ($9,249.13) for the 1980-81 fiscal year, to be paid to Mr. Brooks Phillips to reimburse him for the damages to his automobile and to pay doctor bills and hospital bills; provided, however, that in the event damages or any portion thereof shall be recovered from a third party or parties, it shall be repaid to the General Fund of the State of North Carolina.

Sec. 2.  This act shall become effective July 1, 1980.

In the General Assembly read three times and ratified, this the 25th day of June, 1980.