Pleasant Law Blog (Insurance Claims, Medical Misakes, and Nursing Home Claims)

$1.9 Million Settlement to Man Killed by Drunk Driver

AAJ’s Law Reporter (December 2007) recently reported a $1.9 million dollar settlement to the family of a man killed by a drunk driver who was driving in the course and scope of his employment.  This case shows that the consequences of driving under the influence don’t stop with criminal problems for drunk drivers.  In this case, the defendant was employed by his parents who were also exposed to serious liability for negligently entrusting the vehicle to their son who apparently had a history of drinking and driving.  Also, because the defendant in this case had been entrusted with the car by his parents (who had some knowledge of his drinking propensities), his parents had liability for personal injury and/or wrongful death under the “vicarious liability” theory.  In this case, not only was the defendant drunk driver exposed to potential criminal liability; but his actions also exposed he and his parents, and their business to wrongful death liability.  This case was a Louisiana case, but the size of this personal injury verdict should give parents, business owners, and especially drunk drivers in North Carolina pause as well.