Court Allows Lawsuit in Tragic Ride-Along Death

A North Carolina appeals court has ruled that Lisa Higgins, the mother of a university student killed during a ride-along with a state trooper, can sue the officer for gross negligence. The 2-1 decision by the state Court of Appeals reversed an earlier ruling that dismissed the lawsuit against Trooper Omar Romero Mendoza.

Fatal Ride-Along Incident

The tragic incident occurred in August 2020 when Michael Higgins, a 22-year-old East Carolina University student and criminal justice major, participated in a ride-along as part of an internship program with the Highway Patrol. Mendoza, who was driving the patrol cruiser, lost control of the vehicle during a high-speed chase, veering off a Pitt County road at over 110 mph. The car struck a utility pole and two trees, resulting in Higgins’ death.

Despite having completed two successful ride-alongs with other officers, Higgins was unaware that Mendoza lacked the necessary rank or authorization to conduct the ride-along.

Circumstances of the High-Speed Pursuit

The fatal chase began after Mendoza and another trooper, Brandon Cesar Cruz, responded to a scene where a car had veered into a ditch. Cruz suggested that Mendoza pursue an unidentified driver in the area suspected of being intoxicated. Mendoza activated his siren and emergency lights, accelerating rapidly with Higgins as his passenger.

During the chase, Mendoza mistakenly believed the two-lane road was straight but failed to adjust his driving when the suspect vehicle turned. A patrol report later determined Mendoza had violated policy in initiating the pursuit.

Legal Battle and Gross Negligence Claims

Lisa Higgins filed a lawsuit in 2022 against Mendoza and Cruz, alleging gross negligence. The case against Cruz was dismissed, leaving Mendoza as the sole defendant. Mendoza’s lawyer argued that he was immune from civil liability as a government official and that such claims should be addressed through the state Industrial Commission, where awards are capped.

However, the appeals court majority disagreed, citing state law that exempts officers from speed limits during pursuits but does not shield them from the consequences of recklessly endangering others. Judge John Arrowood, writing for the majority, stated that Mendoza’s actions could constitute gross negligence, warranting a jury trial.

“It should be for the jury to determine whether defendant Romero’s actions were needless or manifested a reckless indifference to the rights of Michael,” Arrowood wrote.

Family Seeks Justice

Lisa Higgins’ attorney, Jim White, expressed satisfaction with the ruling, emphasizing the need for accountability. “He never should have been in that car,” White said, adding that a jury trial would provide the Higgins family with the vindication they seek.

Efforts to hold law enforcement accountable for actions during emergencies remain a contentious legal issue, with this case highlighting the delicate balance between police discretion and public safety.