Case Study

AT ISSUE: This much is certain: On January 20th, 2004, 34-year-old Timothy Tickle was admitted to the Lee County (N.C.) Jail, after violating a condition of his bond on a larceny and communicating threats. Several hours later, Tickle was pronounced dead of a drug overdose.

Beyond that, however, the facts in this case were in dispute from the beginning. Tickle’s estate and his mother filed separate lawsuits against the Lee County Sheriff’s Office alleging wrongful death and negligence. Combined, the plaintiffs asked for $2 million in damages. Womble Carlyle attorneys Jim Morgan and Bob Numbers represented the Sheriff’s Office in the two-week trial, which took place in January-February 2009 in Harnett County (N.C.) Superior Court.

SUMMARY: Morgan and Numbers faced a number of challenges in defending the case. For example, the trial was moved to a less favorable venue in Harnett County because of a local judge’s concern that a fair trial could not be had in Lee County. The case involved hundreds of pages of medical documents and a somewhat tangled array of jail policies. Finally, Tickle left behind a family, including a young child, who were potentially sympathetic figures in the eyes of a jury.

Tickle had taken a variety of legal and illegal drugs before his admission to jail. The plaintiffs argued that the jail staff knew he had a history of drug abuse and should have sent him to the hospital, rather than admitting him to jail. They also said the jailers were negligent in checking up on the unconscious Tickle.

However, the jailers said Tickle was somewhat intoxicated when he arrived, but nothing indicated he was in distress or needed medical attention. They said they checked on him throughout the night and that he was snoring loudly. They said they acted reasonably by allowing him to “sleep it off” in an isolation cell.

Morgan and Numbers argued that the jailers had acted reasonably and responsibly in their treatment of the inmate. They also introduced medical evidence showing that Tickle had an enlarged heart which, combined with the drugs, may have led to his death. Such information would not have been known to the jailers.

RESULT: Following four hours of deliberations, the jury returned a complete and total victory for the Lee County Sheriff’s Office. The jury ruled “no negligence,” meaning the death of Timothy Tickle was not caused by the negligence of the Lee County jailers. Judge Richard Doughton also praised the work of Morgan and Numbers in the case.

ABOUT THE ATTORNEYS: Jim Morgan has more than 20 years of experience as a litigator, having tried and won a significant number of jury and bench trials in trial courts of all levels. Throughout his legal career, Jim has successfully handled a wide range of civil matters, including medical malpractice, constitutional law, employment litigation, public official and governmental defense, personal injury cases, wrongful death, and pharmaceutical litigation.

Bob Numbers is an experienced litigator in Womble Carlyle’s Winston-Salem office, focusing his practice on representation of local governments and corporations in civil rights and tort matters. He has successfully represented clients in both state and federal court and has argued several cases before the North Carolina Court of Appeals.