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Storch v. Winn-Dixie Charlotte3/19/2002
of services, G.S. § 28A-18-2(b)(4)b, society, companionship, etc., G.S. § 28A-182(b)(4)c, and loss of support. N.C. Gen. Stat. § 18B-120(2); Clark, supra. Thus, even though an action for wrongful death is reserved to the personal representative of the decedent and a parent, individually, may not maintain a wrongful death action for death of his or her child, Killian v. R.R., 128 N.C. 261, 38 S.E. 873 (1901), damages under G.S. § 28A-18-2(b) may be available, in a completely distinct claim under the Dram Shop Act to the parent of an underage child who negligently drove a motor vehicle while impaired by alcohol and died from injuries sustained as a proximate result thereof.
In summary, we hold that a parent of an underage person who dies from injuries proximately resulting from his operation of a motor vehicle while impaired after consuming alcohol negligently sold by a permittee may be included within the class of persons known as "aggrieved parties" under G.S. § 18B-120(1), and may recover damages for his or her "injury," including damages pursuant to G.S. § 28A-18-2(b).
No error.
Judges TIMMONS-GOODSON and BRYANT concur.
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