In 2018, attorney Shawn Howard recovered a $2,930,952 wrongful death settlement on behalf of the family of a 6-year-old girl killed by a drunk driver. This case was not simply about one driver who made a fatal choice. It was about a chain of failures — individuals, establishments, and an organization — whose collective negligence robbed a family of their daughter.
Drunk Driver Kills Three
On July 19th, 2015, a former UNC student driving the wrong way on Interstate 85 crashed head-on into another vehicle. The underage drunk driver was under the influence of copious amounts of alcohol and marijuana, which he obtained from private parties and two local bars. Three people were killed in the crash, including a 6-year-old girl. The driver received a 12-16-year prison sentence for three counts of involuntary manslaughter. However, the criminal conviction is only one part of holding all parties responsible.
Accountability for All
Our firm pursued each business or person who the family felt contributed to the driver’s intoxication. An important piece of the case involved showing how two bars had illegally served him alcohol, even though the driver’s license he used did not have his photograph. In total, the suit named 15 individuals and entities as defendants for their contribution to the underage driver’s intoxication.
After years of litigation, the case settled one month before trial in mid-2018. The final settlement was obtained approximately one month after the Court-ordered mediation reached an impasse (meaning the parties had not reached a settlement).
Expert Testimony
Complex cases that involve multiple defenses often require expert testimony. Our firm hired several experts to assist with the presentation of the case and preparation for trial, including:
- A “dram shop” expert from Florida is to opine about the responsibilities of restaurants and bars to prevent the sale of alcohol to underage and intoxicated customers and the breaches of those safety rules in this case.
- A medical doctor from Colorado with expertise in toxicology to opine about the drunk driver’s likely state of intoxication at the time of service of alcohol throughout the night. The doctor was also called upon to testify regarding the “synergistic” effects between alcohol and marijuana.
- A second medical doctor from Virginia, who also holds a pharmacy degree and specializes in toxicology, provided an opinion on the drunk driver’s likely state of intoxication during the time alcohol was consumed throughout the night.
- A fraternity management expert from the University of Kentucky testified about the proper procedures and rules that college fraternities should follow.
We also retained a local video company to compile photographs and videos of the little girl, narrated by her parents.
Motions to Dismiss Defeated
Throughout the case, the firm participated in dozens of depositions and survived multiple “dispositive motions”. These motions, including a “Rule 12(b)(6) Motion to Dismiss” and “Summary Judgment Motion,” attempted to dismiss the case altogether. Despite their efforts, no defendant ever obtained a dismissal of the case against them by the Court. The firm also arranged multiple focus groups to determine how best to present the case to the jury.
North Carolina Drunk Driving Wrongful Death Representation
The scope of this case reflects a core principle of our practice: when a tragedy results from multiple failures, justice requires addressing all of them. If you believe you have a wrongful death case involving a drunk driver, contact us today. We offer free consultations for all personal injury clients and represent you on a contingency basis. That means you don’t pay anything until we secure a settlement or verdict on your behalf.
Our firm, while experienced in catastrophic and complex cases, accepts cases of all sizes across the Carolinas. You may contact us at our Raleigh, Charlotte, and Fayetteville offices by phone, confidential email, or live chat.
