Private right of action, alcohol testing, evidence.

Evelena Thompson, the mother of a young man who was killed by a drunk driver, appeals a lower court's ruling in her suit against the driver and the owner of the truck he was driving at the time of the accident. Terry Ray, the driver in the fatal accident, contacted Charles Greene at Three Guys Furniture and offered to paint a company truck. Greene and Ray agreed on a price, and Ray picked up the vehicle from the company office. He was instructed to return the truck in three days. Greene had not known Ray prior to this agreement and was unaware that Ray's drivers license had been permanently revoked following his conviction on several serious charges. When Ray failed to return the truck three days later, Greene filed a theft report with local police. While driving Greene's truck, Ray crossed into an opposite lane of traffic and struck a vehicle driven by Thompson's son. Post-accident tests concluded Ray was intoxicated at the time of the fatal crash. Thompson filed a wrongful death suit against Ray and Greene's company. Greene's responded with a motion for summary judgment.

A Mecklenburg County Court granted defendant's motion for summary judgment. Greene's attorneys argued that there was clear evidence that whatever relationship existed between Greene and Ray was terminated when Ray failed to return the truck when instructed. Thompson now appeals.

Thompson wins. The North Carolina Court of Appeals affirmed the lower jurisdiction's ruling in one aspect, but reversed in another. The court ruled that Greene, a representative of the company should have exercised more care before releasing the company vehicle to a stranger. The court remanded the case back to the lower jurisdiction for additional action.