Davis v. Hulsing Enterprises, LLC

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The Supreme Court did not need to decide whether North Carolina recognizes Plaintiff’s first-party claim for dram shop liability because Plaintiff could not recover due to the decedent’s contributory negligence.Plaintiff’s wife died from acute alcohol poisoning after consuming at least ten alcoholic beverages at a hotel owned and operated by Defendants. Plaintiff filed a complaint for wrongful death, alleging common law dram shop liability; negligent aid, rescue, or assistance; and punitive damages. The trial court dismissed the dram shop claim for failure to state a claim and related punitive damages claims. After a jury trial on the remaining claims, the trial court dismissed the action, finding that the decedent’s death was not proximately caused by Defendants’ negligence. Plaintiff appealed, contesting the dismissal of his common law dram shop claim. The court of appeals reversed. The Supreme Court allowed review to address Defendants’ issue as to whether North Carolina recognizes a first-party cause of action for dram shop liability. The Supreme Court reversed without reaching the issue, holding that the factual allegations of Plaintiff’s complaint established the decedent’s contributory negligence. View "Davis v. Hulsing Enterprises, LLC" on Justia Law