N.C. Court Upholds Largest Drunk Driving Verdict in State’s History ($40,000,000)

The North Carolina Court of Appeals recently upheld the largest civil verdict in a drunk driving case in the history of the state. Back in 2020, a drunk driver in Raleigh crossed the center line while attempting to pass in a no-pass zone. The drunk driver hit another vehicle and killed its occupant.

You can read the case here: Chappell v. Webb

The deceased driver’s estate filed a wrongful death lawsuit against the drunk driver and the owner of the vehicle for negligent entrustment. The jury awarded the estate $40,000,000. This included compensatory and punitive damages against both defendants.

The Defendants argued on appeal that the Plaintiff’s counsel’s arguments were improper. In particular they didn’t like the attorney asking the jury to “speak loud” with their verdict. This is what the attorney said:

The size of your verdict is the volume with which you speak. A million dollars? That won’t carry out those doors back there. A few million dollars might be heard at the town limits, but if you want your voices to be heard in Raleigh, and Durham, and Oxford, and Smithfield, or across the state, or across the nation, you’re going to have to speak louder.

The jury spoke very loudly, sending a message that drunk driving would not be tolerated. The case made state-wide news. The verdict is a reminder that regular citizens can face extreme financial punishment in our civil court system if they act in a grossly negligent manner.

Here are two of the claims brought by the winning parties:

Wrongful Death In North Carolina

Claims of wrongful death in North Carolina are governed by statute:

§ 28A-18-2.  Death by wrongful act of another; recovery not assets.

(a) When the death of a person is caused by a wrongful act, neglect or default of another, such as would, if the injured person had lived, have entitled the injured person to an action for damages therefor, the person or corporation that would have been so liable, and the personal representatives or collectors of the person or corporation that would have been so liable, shall be liable to an action for damages, to be brought by the personal representative or collector of the decedent; and this notwithstanding the death, and although the wrongful act, neglect or default, causing the death, amounts in law to a felony. 

Negligent Entrustment

Negligent entrustment claims arise from case law:

Negligent entrustment is established when the owner of an automobile entrusts its operation to a person whom he knows, or by the exercise of due care should have known, to be an incompetent or reckless driver, who is likely to cause injury to others in its use. Based on his own negligence, the owner is liable for any resulting injury or damage proximately caused by the borrower’s negligence. Tart v. Martin, 353 N.C. 252, 254, 540 S.E.2d 332, 334 (2000).

What It Means For You

Remember, if a person is killed by the negligent or wrongful act of another, then the deceased person’s estate can pursue a wrongful death claim against the at-fault party in civil court.

Moreover, if you loan your vehicle to a person who is intoxicated, or to a reckless driver, and they cause harm, then you can be liable for the damage, even if you never got behind the wheel.

If you’ve been in a motor vehicle collision, have a wrongful death claim, or if you’ve suffered personal injury and need legal assistance, the attorneys at The Richardson Firm in Fayetteville will be happy to help.