Dram Shop Wrongful Death $1,100,000 for Estates of 4 Victims – also reported in North Carolina Lawyers Weekly March 2026 edition.
Action: Dram Shop and Premises Liability (Dram Shop is a cause of action where a guest or customer is overserved an intoxicating alcoholic drink or substance and kills someone with a vehicle)
Injuries: Wrongful Death
Mediated Settlement after extended litigation on December 17, 2025
Case File No: confidential Case Name: withheld (confidentiality clause in settlement agreement
Amount of Settlement: $1,100,000 for estates of four victims (Collected)
Attorneys for Plaintiff Driver: Kirk Sanders & Austin Morris, Kurtz Whitley Guy Sanders & Rainey PLLC. Attorneys for Passengers with Driver: Mark Atkinson and Richard Perez, co-counsel
Attorneys for Defendants: Confidential Insurance: Confidential
On April 16, 2023, Plaintiff and 3 friends were struck head-on by an oncoming vehicle driving the wrong direction on a divided highway in Winston-Salem. Tortfeasor driver registered a BAC of 0.264. Tortfeasor driver admitted to being served alcohol at a nightclub in Winston-Salem. Social media posts from the nightclub showed other patrons possessing multiple alcoholic drinks, 12 packs and cases of beers and bottles of liquor. Video showed security officers’ inattention to exiting patrons. Shopping center owner financed the upfitting of the nightclub, including installation of multiple bars for alcohol service. Shopping center owner testified that security officers were ordered not to leave the premises until all vehicles had been removed from the parking lot, thereby creating an incentive for officers to get intoxicated patrons to drive off the premises. Defendant driver claimed he was drugged. There was a time delay between closing and the wreck of 1 1/2 hours. Depositions demonstrated the bar / night club did not have proper, if any, policies for serving alcohol and did not abide by ABC laws for training, service, and supervision. Plaintiff’s attorney hired multiple experts, including toxicologist and dram shop service experts.
After the criminal case, plaintiffs filed suit alleging dram shop negligence, wrongful death, and punitive damages against defendant driver, car owner, nightclub owner, and shopping center owner.
The plaintiffs obtained a settlement of $1,100,000 from defendants after obtaining the police report (pictures, videos, toxicology, and other data) by court order, sending discovery, pursuing motions to compel, taking depositions, designating plaintiffs’ experts, battling Defendants’ 12(c) motions, Defendant’s motions to dismiss, and summary judgment motions.
Drunk Drivers beware. Bars that overserve beware.
