Camalier v. Jeffries

• Decision Date: 28 July 1995
• Docket Number: No. 93PA94,93PA94
• Citation: 460 S.E.2d 133,340 N.C. 699
• Parties: Jana L. CAMALIER, Administratrix C.T.A. of The Estate of Caleb Willard Camalier, Corrie R. Camalier by and through her duly Appointed Guardian Ad Litem, G. Bryan Collins, Jr., Louise H. Camalier by and through her duly Appointed Guardian Ad Litem, G. Bryan Collins, Jr., and Jana L. Camalier, Individually v. Charles J. JEFFRIES, Frank A. Daniels, Jr., and The News and Observer Publishing Co.
• Court: North Carolina Supreme Court

Page 133

460 S.E.2d 133

340 N.C. 699

Jana L. CAMALIER, Administratrix C.T.A. of The Estate of

Caleb Willard Camalier, Corrie R. Camalier by and through

her duly Appointed Guardian Ad Litem, G. Bryan Collins, Jr.,

Louise H. Camalier by and through her duly Appointed

Guardian Ad Litem, G. Bryan Collins, Jr., and Jana L.

Camalier, Individually v. Charles J. JEFFRIES, Frank A. Daniels, Jr., and The News and Observer Publishing Co.

No. 93PA94.

Supreme Court of North Carolina.

July 28, 1995.

Young Moore Henderson & Alvis P.A. by Jerry S. Alvis, R. Michael Strickland, and David M. Duke, Raleigh, for plaintiffs-appellants and -appellees.

Bailey & Dixon, L.L.P. by Gary S. Parsons, Patricia P. Kerner, and Kenyann G. Brown, Raleigh, for defendant-appellant Jeffries.

Yates, McLamb & Weyher, L.L.P. by Dan J. McLamb and Suzanne S. Lever, for defendant-appellee Daniels.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P. by Samuel G. Thompson, John D. Madden, and James Y. Kerr, II, Raleigh, for defendant-appellee The News and Observer Publishing Co.

Carruthers & Roth, P.A. by Richard L. Vanore and Michael J. Allen, Greensboro, for unnamed defendant-appellee Michigan Mut. Ins. Co.

Harold M. White, Jr., on behalf of Mothers Against Drunk Driving North Carolina State Organization, Wilmington, amicus curiae.

Glenn, Mills and Fisher, P.A. by Robert B. Glenn, Jr., on behalf of the North Carolina Academy of Trial Lawyers, Durham, amicus curiae.

FRYE, Justice.

The pleadings and the forecast of evidence tended to show that on 27 October 1990, Caleb Willard Camalier was operating his 1982 Toyota automobile on Highway 70 near Raleigh when his automobile collided with a Volvo automobile operated by defendant Charles J. Jeffries. Camalier was seriously injured in the accident and remained hospitalized in a comatose state for nine months until his death on 27 July 1991.

At the time of the accident, Jeffries was employed by The News and Observer Publishing Company (the Publishing Company) as a newspaper reporter. Prior to the collision, Jeffries attended a retirement party (the party) in the backyard of Frank A. Daniels' home in Raleigh. The party was given in honor of Claude Sitton, the outgoing editor of The News and Observer, a newspaper published by the Publishing Company. At the time of the party, Daniels was the publisher of The News and Observer and served as an officer and director of the Publishing Company.

The Publishing Company hired Paul D. Broughton d/b/a Broughton Special Events Catering (Broughton) to organize and handle the details of the party. Broughton hired Savory Fare, Inc., to assist in the preparation and service of the food and drinks at the party. Employees of Broughton and Savory Fare were the exclusive bartenders for the party.

The Publishing Company hired McLaurin Parking Company (McLaurin) to handle parking arrangements. McLaurin was responsible for coordinating remote parking and the shuttling of guests between the parking areas and the party. Steve McLaurin, vice president of McLaurin, was present to oversee and supervise the parking arrangements. In addition, vehicles were available to provide guests with rides to their homes, if needed.

Jeffries arrived at the party at approximately 7:30 p.m. and stayed until approximately 10:15 p.m. While at the party, Jeffries engaged in conversations with several party guests, ate some food, and drank three or four gin and tonics which he obtained from the bars at Daniels' home. Several dozen guests who knew Jeffries saw or spoke with him at the party and stated he did not appear to be impaired or intoxicated at any time during the evening.

When Jeffries left the party, he, along with other guests, was transported by van to his automobile. Steve McLaurin sat in the front seat and observed Jeffries negotiate his way over and past two women to exit the van. Additionally, McLaurin observed Jeffries walk to his automobile. Jeffries did not appear intoxicated; instead, he appeared to be perfectly normal to McLaurin. At approximately 10:40 p.m., defendant Jeffries was driving west on Highway 70 when his automobile collided with the automobile being driven by Caleb Camalier, leading to serious injuries and the subsequent death of Camalier.

There were no independent witnesses to the accident; however, witnesses who observed Jeffries after the accident stated that he appeared visibly impaired at the scene. Approximately thirty-five minutes had elapsed between the time Jeffries left the party and the time witnesses observed him at the scene following the accident. Jeffries was transported to Durham County General Hospital where a blood sample was drawn from him at 12:04 a.m., approximately one hour and forty-five minutes after he left the party. The blood sample was analyzed and determined to contain an alcohol concentration of 0.191. Jeffries was charged with driving while impaired and failing to stop for a red light. On 15 February 1991, pursuant to a plea bargain with the State, Jeffries entered pleas of guilty to the charges.

Plaintiffs filed their complaint against defendants on 18 March 1991. Plaintiffs alleged that Jeffries' negligent operation of his vehicle caused the accident leading to their injuries and damages. Additionally, plaintiffs alleged that defendants Daniels and the Publishing Company negligently served or caused to be served unlimited and highly intoxicating alcoholic beverages to Jeffries when they knew or should have known that Jeffries would become intoxicated. Plaintiffs further alleged that Jeffries' attendance at the party and consumption of alcohol while there were within the course and scope of his employment and that the Publishing Company was liable to plaintiffs under the doctrine of respondeat superior. After Camalier's death, the complaint was amended to include a wrongful death claim against each defendant.

On 22 July 1992, the trial court granted defendants Daniels' and the Publishing Company's motions for summary judgment and granted plaintiffs' motion for partial summary judgment as to Jeffries' liability. In an order dated 29 July 1992, the trial court certified the order granting plaintiffs' partial summary judgment for immediate appeal. In a unanimous decision, the Court of Appeals affirmed. Camalier v. Jeffries, 113 N.C.App. 303, 438 S.E.2d 427 (1994). On 7 April 1994, this Court allowed plaintiffs' and defendant Jeffries' petitions for discretionary review. For the reasons stated herein, we affirm the decision of the Court of Appeals.

First, we address the two arguments raised by defendant Jeffries. Jeffries contends that the Court of Appeals erred in affirming partial summary judgment for plaintiffs as to Jeffries' liability to Camalier's estate because there is a genuine issue of material fact remaining to be resolved. Jeffries argues that the Court of Appeals failed to consider all of the following evidence which was submitted in response to plaintiffs' motion for partial summary judgment: (1) Jeffries' affidavit in which he fully explained his reasons for entering guilty pleas to the charges of running a red light and driving while impaired; (2) testimony by plaintiffs' expert witness that versions of the events given by Jeffries and other party guests were inconsistent with SBI test results; (3) affidavits and depositions of other party guests who indicated that defendant was not intoxicated when he left the party; and (4) the investigating officer's report, indicating that Jeffries stated that he thought he had the green light at the time of the accident. We agree with Jeffries' contention that the Court of Appeals' opinion does not clearly reflect a consideration of all the evidence Jeffries presented in opposition to plaintiffs' summary judgment motion. However, after reviewing all the evidence, we agree with the Court of Appeals that partial summary judgment in favor of plaintiffs was appropriate in this case.

In accordance with Civil Procedure Rule 56(c), we have stated that summary judgment should be " 'granted when, viewing the record in the light most favorable to the non-moving party, there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.' " Aetna Casualty & Surety Co. v. Nationwide Mut. Ins. Co., 326 N.C. 771, 774, 392 S.E.2d 377, 379 (1990) (quoting Beckwith v. Llewellyn, 326 N.C. 569, 573, 391 S.E.2d 189, 191, reh'g denied, 327 N.C. 146, 394 S.E.2d 168 (1990)). In order to be entitled to summary judgment, the moving party must bear the burden and show that no questions of material fact remain to be resolved. Id.

In their complaint, plaintiffs allege that Jeffries' negligent operation of his automobile caused the collision with Camalier's automobile and ultimately Camalier's death. It is well established that in order to prevail in a negligence action, plaintiffs must offer evidence of the essential elements of negligence: duty, breach of duty, proximate cause, and damages. Lamm v. Bissette Realty, Inc., 327 N.C. 412, 395 S.E.2d 112 (1990).

N.C.G.S. §§ 20-138.1 and 20-158(b)(2) impose public safety duties on automobile drivers. N.C.G.S. § 20-138.1 imposes a duty on individuals to not operate vehicles upon public streets and highways while impaired, while N.C.G.S. § 20-158(b)(2) requires individuals to come to a complete stop when approaching a red light. In this case, as to defendant Jeffries, there is a clear forecast of evidence tending to show duty, proximate cause, and damages. The essential controversy relates to breach of duty. However, even as to this element, defendant Jeffries does not argue that plaintiffs have failed to forecast substantial evidence that Jeffries breached a duty owed to plaintiffs. Rather, Jeffries contends that his forecast of evidence, when considered in light of plaintiffs' forecast, created a genuine issue of material fact as to whether he breached a duty to plaintiffs by driving while...