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Meachum v. Faw11/2/1993
14, possesses the capacity of an adult to protect himself and is, therefore, chargeable with the same standard of care for his own safety as if he were an adult. Welch v. Jenkins,
271 N.C. 138, 144, 155 S.E.2d 763, 768 (1967). Hence, decedent presumptively had the capacity to be contributorily negligent. Id. at 142, 155 S.E.2d at 767. At her age, the decedent also presumptively had the capacity to commit a crime, State v. Rogers, 275 N.C. 411, 424, 168 S.E.2d 345, 353 (1969), cert. denied, 396 U.S. 1024, 24 L. Ed. 2d. 518 (1970), e.g., possessing and consuming alcohol. N.C. Gen. Stat. ยง 18B-302(b) (1989).
Nothing in the allegations of the complaint rebuts these presumptions as to plaintiffs' decedent. Although the complaint does allege that decedent consumed the mind-altering substances "in the presence of and at the bequest [ sic ] of the defendant", there is no allegation that the decedent's consumption and subsequent intoxication were involuntary. We believe that, as in Sorrells, the decedent's own negligence in driving while voluntarily intoxicated rose to the level of the defendant's negligence in entrusting the automobile to her. Therefore, we find that, as a matter of law, the plaintiffs' claim is barred by decedent's contributory negligence as alleged in the complaint. Hence, plaintiffs' complaint failed to state a claim upon which relief might be granted, and the trial court properly dismissed the action. We affirm its order.
Affirmed.
Disposition
Affirmed.
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