Bernhardt acknowledged ignoring traffic laws and committing several moving violations, but felt officer Cape used excessive force during the arrest, resulting in his dislocated elbow. The NC Industrial Commission initially ruled on the side of officer Cape, but upon appeal they awarded Bernhardt $16,000 in medical damages and attorney fees. Bernhardt hopes that the case “causes a reaction in the Highway Patrol to say, ‘Hey, maybe we need to retrain these fellas or find therapy for officers,’” said Bernhardt.
Trying attorney Adam A. Smith of D. Hardison Wood has extensive experience defending these types of cases, and is ready to help plaintiffs in other cases get what they deserve. For more information, please contact D. Hardison Wood at 919-233-0520.