In a 2-1 majority ruling, the North Carolina Court of Appeals said a wrongful death lawsuit against a Fayetteville police officer cannot proceed because the plaintiff failed to show the officer was grossly negligent when he struck and killed a pedestrian.

On July 24, 2018, officer Ashton Lambert was on-duty and responding to a call, traveling 58 miles per hour in a 45 mile-per-hour zone, without lights or sirens activated, according to the majority’s opinion filed on Tuesday.

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