North Carolina Lawyers Weekly Staff//March 4, 2026//
North Carolina Lawyers Weekly Staff//March 4, 2026//
Action: Dram shop/wrongful death
Injuries alleged: Death
Case name: Withheld
Amount: $1.1 million
Date: Dec. 17, 2025
Attorneys: Mark Atkinson and Richard Perez of the Atkinson Law Firm and Kirk Sanders and Austin Morris of Kurtz Whitley Guy Sanders & Rainey, all in Winston-Salem (for the plaintiff)
On April 16, 2023, plaintiff decedents were struck head-on by an oncoming vehicle driving the wrong direction on US 52, a divided highway, in Winston-Salem. Defendant driver registered a BAC of 0.264 and admitted to being served alcohol at a nightclub in Winston-Salem but also claimed he was drugged. Social media posts from the nightclub showed other patrons possessing multiple alcoholic drinks, 12 packs, cases of beer, 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 mandated not to end their shift until all vehicles had been removed from the parking lot, thereby creating an incentive for security officers to get intoxicated patrons to drive off the premises.
After the criminal case, plaintiffs filed suit alleging dram shop negligence, wrongful death, and punitive damages against defendants driver, car owner, nightclub owner, and shopping center owner.