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Evans v. North Carolina Department of Crime Control and Public Safety12/18/1990
The petitioner appeals from a judgment filed in Wake County Superior Court on 18 January 1990, affirming a final determination of the North Carolina Crime Victims Compensation Commission (Commission) which denied compensation to the petitioner for injuries suffered by one Barry Steven Posey, a crime victim.
Barry Steven Posey originally filed a claim for compensation on 17 November 1987. Subsequently, Posey was killed in an incident unrelated to this case. Following his death, Posey's estate was substituted as claimant and his sister, Teresa D. Evans, was named administratrix of the estate. On 15 July 1988, the Director of the Crime Victims Compensation Commission entered a recommendation that the Commission allow compensation in the amount of $11,157.94. On 2 August 1988, the Commission entered its determination that " ot withstanding the recommendation of the Director, by unanimous vote of the members claimant's claim for compensation is disallowed."
The petitioner then filed a petition for a contested case and the matter was heard by an Administrative Law Judge. The Administrative Law Judge entered the following findings of fact and conclusions of law:
Findings of Fact
1. The Petitioner-claimant in this case is the estate of Barry Steven Posey, Teresa D. Evans, Administratrix.
2. Respondent has the authority and responsibility under North Carolina General Statutes Chapter 15B, the ["]North Carolina Crime Victims Compensation Act," to administer the Act in North Carolina, including the investigation and award or denial of claims.
3. Barry Steven Posey was an interstate truck driver. On October 15, 1987 he completed a delivery in Monroe, North Carolina and received permission to proceed to a truck stop in Charlotte for diesel fuel and to await further instructions.
4. While awaiting further instructions from his dispatcher, Barry S. Posey met another driver and his wife and went with them to Kiker's Bar on Freedom Drive in Charlotte to drink beer and play pool.
5. Upon arriving at Kiker's Bar Barry S. Posey met two women in the parking lot as the women were parking their car.
6. The two women, identified as Sandy and Bonanita, invited Barry S. Posey to sit at a table with them and to play pool.
7. Barry S. Posey and the two women each were consuming beer in the bar.
8. While sitting with the two women, Bonanita offered to show and did show Barry S. Posey a tattoo on her right shoulder blade. Sandy asked Barry S. Posey if he would like to go dancing with the two women after they played pool. Barry S. Posey accepted the offer with the understanding that the women would transport him to the proposed location for dancing and afterward return him to his truck at the truck stop.
9. After playing some pool, Barry S. Posey asked to see Bonanita's tattoo again. She showed him the tattoo again as well as another one located on her left shoulder blade.
10. Sandy, Bonanita, and Barry S. Posey left Kiker's Bar with Barry S. Posey sitting in the middle and with Sandy driving.
11. Sandy produced a partially filled bottle of Jim Beam liquor from which she drank before passing it to Barry S. Posey who also drank from it and passed it on to Bonanita.
12. Sandy was weaving as she drove. Bonanita and Barry S. Posey both asked Sandy to let someone else drive but she refused.
13. Sandy proceeded along Freedom Drive in Charlotte and pulled into an empty parking lot. Barry S. Posey stated that "it's closed", to which Sandy replied, "yea it is."
14. The three of them got ou
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