Funeral processions and city liability
If you're riding in a funeral procession escorted by police, and someone runs in to you, can you sue the city for negligence?
No, the N.C. Court of Appeals rules today in William R. Sisk v. City of Greensboro.
The procession was crossing an intersection through a red light when a vehicle entered from the side street and struck the car in which Sisk was a passenger. Sisks sustained a spinal cord contusion and disc herniation.
He sued the city, claiming the city should have altered the operation of the traffic light or stationed officers or vehicles at the intersection to stop traffic coming from other directions.
Maybe it should have done those things, but the three-judge panel ruled unanimously that it can't be held liable for failing to secure the intersection.
Cities are granted governmental immunity for carrying out normal functions performed for the public good, such as operation of streets. Superior Court Judge Ronald Spivey cited that immunity in dismissing Sisk's case last year. The Court of Appeals upheld Spivey's decision.
Sisk had argued against immunity, referring to a city's statutory duty "to keep the public streets, sidewalks, alleys and bridges open for travel and free from unnecessary obstructions." In a 1982 case, the town of Southern Pines was held liable because it allowed shrubbery to grow into an obstruction at a railroad crossing. The court rejected the comparison, stating that a moving car is not a shrub and therefore not an obstruction.
(You really don't have to go to law school to arrive at some legal conclusions.)
Anyway, the court said, Sisk's contention would mean that any vehicle could be an obstruction and a municipality could be held liable for every accident -- an "absurd result."
The court didn't address the question of whether the city should have altered the traffic light or blocked the intersection. It simply ruled that those issues are "discretionary governmental functions" that fall under immunity.
As a matter of principle, if a city believes it's important from a safety standpoint to have a police car lead a funeral procession, you'd think the city would try to make sure that the entire procession, from front to back, is allowed to travel safely. As a practical matter, that's very difficult. Police can't block intersections all along a funeral route that might be several miles long. The procession itself can string out over a considerable distance. There may be countless opportunities for mishaps. Drivers have to be responsible for their own safety.
You can argue in theory that the city could have and should have done a better job of securing the funeral procession in this case, but it would be unreasonable to expect the city to prevent every possible opportunity for an accident.
Comments (12)
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Doug:
Also, the traffic laws in NC are very clear. Once a funeral procession lawfully enters or is directed to enter an intersection with a light, it gains the right of way. Drivers in the procession should continue. Other drivers are not allowed to cross or break through the procession.
Posted on June 5, 2007 2:06 PM
Dave, the law might be clear but it may not be clear to a motorist approaching an intersection with a green light that there's a funeral procession crossing his path. The police escort could have already passed by, and the cars in the procession might be strung out a little bit, leaving some gaps. You could run through the procession without knowing it.
Posted on June 5, 2007 2:25 PM
Yet another reason to use caution when approaching or going through any intersection.
Posted on June 5, 2007 4:19 PM
The police escort could have already passed by, and the cars in the procession might be strung out a little bit, leaving some gaps. You could run through the procession without knowing it.*Doug
Most funerals processions have a nice little sign on the front window of the auto that says " FUNERAL" along with the Car Lights on. If some fool can't see that, than he or she should have the funeral director make a sales call on that fool for future arrangements.
Posted on June 5, 2007 7:37 PM
What happens if you are in the middle of the line, most new cars the lights come on when you start the car?
Posted on June 6, 2007 2:10 AM
A funeral sign in the front window, or headlights on a sunny afternoon are not going to be visible to a car approaching from the side. Dave is right that caution is advisable whenever approaching an intersection, but for most drivers a green light is the only sign needed to proceed at full speed.
Posted on June 6, 2007 8:19 AM
What happens if you are in the middle of the line, most new cars the lights come on when you start the car?*Jack Russel
Go to the back of line! Or simply speed ahead flashing your safely brake lights and get ahead of the Limo carrying the coffin. Be careful. If you hit the cop on the motorcyle at the head of procession. You could be facing a charge of murder of a dead person in transport.
A funeral sign in the front window, or headlights on a sunny afternoon are not going to be visible to a car approaching from the side. Dave is right that caution is advisable whenever approaching an intersection, but for most drivers a green light is the only sign needed to proceed at full speed.* Doug
Cancel the funeral and buried the desease at midnight. This process will open up a whole new religious movement in pagan circles and most likely will bring back black cats and witches in the graveyard. Of course, do not expect political officals to attend the services, since some of them still believe in whistling past a graveyard and being expose as non-believers in the after life of politics.
After watching the Republican debate last night, it appears there is no shortage of candiates who are whistling in the dark to the American people.
Posted on June 6, 2007 11:28 AM
Most funeral processions I have seen now use their blinking lights to take care of the confusions mentioned above.
When going to a funeral in the rain everyone on the road should have their lights on if their windshield wipers are on. Blinkers solve that problem.
Posted on June 7, 2007 9:07 AM
The other problem is some young drivers have no clue that you don't cut in the line of a funeral procession. I was in one a few months ago and a young female driver cut right in then looked at us like why were we going through a red like. By the look on her face, she had no clue.
Posted on June 7, 2007 9:10 AM
Good points.
I'd guess people who have moved here from, say, south of the border would have no clue about funeral procession protocols.
Or from north of here, for that matter.
With so many newcomers, are we bound to lose our appreciation for these customs and courtesies?
Posted on June 7, 2007 9:19 AM
I WAS IN A VERY LARGE FUNERAL PROCESSION ESCORTED BY THE GREENSBORO,N.C. POLICE DEPT.THEY STARTED BLOCKING INTERSECTIONS AND NEGLECTED TO BLOCK A VERY LARGE INTERSECTION. THE PROCESSION WAS LED BY TWO POLICE VEHICLES. BECAUSE OF THEIR NEGLEGENCE MY NECK WAS BROKE AND I HAVE SEVERE NERVE DAMAGE.I CALLED THE POLICE AND THEY DON'T SEEM TO BE CONCERNED ABOUT ME OR PUTTING OTHER PEOPLES LIVES IN DANGER.THEY NEED TO ADDRESS THIS PROBLEM BEFORE SOMEONE IS KILLED.THIS IS ABOUT PUBLIC SAFETY AND NOBODY SEEMS TO CARE UNTIL THEIR NECK IS BROKEN. THANK YOU, RONNIE SISK
Posted on February 21, 2008 11:43 AM
Thanks, Ronnie. I'm sorry you're still having trouble from your injuries.
Posted on February 21, 2008 12:03 PM