Shirley Patricia Gilliam, Mother and next of kin of LaShun Hall, Decedent v. Michael G. Derrick, Administrator Ad Litem for the Estate of Santres A. Johnson, Decedent

This is a wrongful death action. The plaintiff’s decedent was riding as a passenger in a car driven by the defendant’s decedent. The car collided at a high rate of speed into the guard rail of a bridge.  Both the driver and the passenger died in the accident. It was later determined that the driver was intoxicated, but that the passenger had not been drinking. The plaintiff, the mother of the passenger, filed this wrongful death action against the estate of the driver, alleging that the driver’s negligent conduct caused the death of her son. After a jury trial, the jury returned a verdict in favor of the defendant. The jury concluded that the passenger was 50% at fault for his demise, because the passenger knew or should have known that the driver was intoxicated when he got into the car. The plaintiff now appeals. We reverse, finding no material evidence to support the jury’s conclusion that the passenger knew or should have known that the driver was intoxicated.