RALEIGH, N.C. — A state appeals court has ruled that the mother of a university student from North Carolina, who tragically died while accompanying a Highway Patrol trooper during a high-speed chase, can proceed with her lawsuit alleging gross negligence against that trooper. This decision was reached by a 2-1 vote from judges on the state’s Court of Appeals.
The court overturned a previous ruling made by a trial court, which had dismissed the federal claims put forth by the family of Michael Higgins, who was killed while riding with Trooper Omar Romero Mendoza. The incident in question occurred on a night in August 2020, when Mendoza, known as Romero in patrol documents, veered off a road in Pitt County while driving at an alarming speed exceeding 110 mph (177 kph). The vehicle collided with a utility pole and struck two trees, resulting in fatal injuries to the 22-year-old criminal justice major at East Carolina University, who was participating in a patrol internship.
Lisa Higgins, acting as the administrator of her son’s estate, filed a lawsuit in 2022 against both Romero and Trooper Brandon Cesar Cruz. Cruz had suggested that Higgins accompany Romero for a ride-along, as he was unable to do so himself. However, Superior Court Judge William Wolfe dismissed the case against both troopers in 2023, although Cruz was removed from the appeal last year.
Higgins had previously completed two successful ride-alongs with other officers. Nonetheless, neither Romero nor Cruz had the official qualifications to conduct a ride-along, and Higgins was reportedly unaware of Romero’s lack of authority in this regard, according to the majority opinion from the court.
On that particular night, Romero and Higgins were responding to a report of a vehicle that had gone off the road into a ditch. Meanwhile, Cruz encouraged Romero to pursue a possible impaired driver in the vicinity. With lights and sirens activated, Romero’s vehicle sped off in an effort to catch the suspect. Romero later testified that he thought the road was straight until he noticed the suspect’s vehicle making a hard left turn, failing to recall making any adjustments to his own driving in response.
A report from the patrol indicated that Romero’s actions violated established department policies regarding how to initiate a traffic enforcement action. The lawyer representing Romero contended that, as a government official, he should not be personally liable in this situation. They argued the proper venue for such claims should be the state Industrial Commission, which limits the amount recoverable.
In the majority opinion, Judge John Arrowood noted that while the law provides an exemption for police pursuing suspects, it does not shield officers from accountability for acting with reckless disregard for public safety. He emphasized that there is substantial evidence suggesting Romero’s conduct may qualify as gross negligence, which should be evaluated by a jury.
Judge Allegra Collins supported Arrowood’s conclusion. In contrast, Chief Judge Chris Dillon dissented, asserting that the evidence does not indicate Romero acted with the level of gross negligence required for liability.
The state Supreme Court may choose to hear an appeal if requested. Following the ruling, a lawyer for Romero did not provide a comment. Meanwhile, Lisa Higgins’ attorney, Jim White, expressed satisfaction with the ruling, highlighting his view that excessive leniency has often been granted to law enforcement during such cases. He indicated that a jury trial could offer a sense of justice and recognition that “he never should have been in that car.”
