Alcohol, evidence, employer liability, private right of action.

The defendants in a negligence and wrongful death case appeal a lower court's ruling in the case. Sherry Boyd filed suit against the L.G. DeWitt Trucking Company and Charles Locklear, truck drive employed with the company. Boyd claimed that negligence on the part of Locklear and the company culminated in a two-vehicle collision that killed Pat Boyd and another individual. Boyd was traveling in a pick-up with some friends when the truck stalled. Locklear, who was driving a tractor-trailer truck for his employer, struck the pick-up truck from behind. Two people in the pick-up were killed in the collision. Witnesses to the collision said Locklear made no attempt to reduce his speed or take evasive action to avoid the pick-up truck, even though the stalled vehicle was clearly visible in the roadway. A Witness testified to seeing Locklear drinking alcohol and appearing intoxicated shortly before the accident. Locklear smelled of alcohol at the accident scene, witnesses stated. Boyd's suit claimed that the trucking company was negligent because it was aware that Locklear had two previous convictions for driving under the influence and his driving record indicated other serious traffic violations.

A trial court jury found Locklear and the company guilty and awarded Boyd compensatory and punitive damages. Defendants now appeal, claiming several erors in the court's handling of the case.

Boyd wins. The North Carolina Court of Appeals affirmed the rulings of the trial court. The appeals court ruled that the lower court appropriately addressed motions submitted by the defendants.