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Tort/Negligence – STCA – State Trooper – Arrest – Assault – Dislocated Elbow (access required)

Bernhardt v. North Carolina Department of Public Safety Although the state trooper presented evidence that his use of force was appropriate when he arrested a smaller, older man who had violated traffic laws while driving his cancer-stricken wife to the emergency room, other evidence – including a video recording of the incident – supported the Industrial Commission’s finding and conclusion that the trooper was negligent when he dislocated plaintiff’s elbow during the arrest.

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