Back in July of 2015, a college student named Chandler Kania, 20, a student at the University of North Carolina at Chapel Hill, was charged with impaired and careless driving, and for the possession of an open container of alcohol. He was also charged with several counts of second-degree murder, felony death by motor vehicle, and felony assault. Kania is alleged to have driven in a wrong-way lane while intoxicated, causing a fiery crash along the 1-85, which killed three people (including a six-year-old child) and injured two others.
Now, the mother of the six year old girl who was killed by Kania, Shanice Beard, has filed a lawsuit against Kania and two North Carolina bars that are accused of serving alcohol to underageed minors. This is the second lawsuit filed against Kania and the two bars– He’s Not Here and La Residence. In August, a woman named Deseante Jones filed a lawsuit against Kania after her mother, Darlene McGee, was also killed in the accident.
Ms. Beard’s wrongful death lawsuit alleges the two bars of “gross negligence and willful or wanton conduct evidencing a reckless disregard for the rights and safety of others” for serving alcohol to Kania after he became noticeably intoxicated, and for failing to prevent under-aged drinking from occurring on their premises. One of the bars, He’s Not Here, denies serving minors under 21, and denies their employees serving a visibly intoxicated Kania.
Kania’s parents are also the defendants in the lawsuit, which is alleging they are responsible for their son’s irresponsible actions because they owned the jeep that he was operating at the time of the accident.
What is Gross Negligence?
Gross negligence is a more serious form of negligence that is basically seen as a complete failure of the defendant to show reasonable care. A person may commit gross negligence when s/he deliberately acts in a way that he/she knows, or should know, is very likely to cause harm. When someone is grossly negligent, s/he shows a reckless or willful disregard for safety and human life. In most gross negligence cases, the plaintiff must show that the negligent party had a duty of care that was breached (ie. duty to not serve under-aged minors).
Gross negligence is also a concept in criminal law, and it also gives rise to criminal penalties depending on the circumstances.
Ordinary negligence on the other hand, is a legal tort committed when one fails to exercise the “ordinary care.”
Nashville Personal Injury and Civil Litigation Attorneys
Losing a loved one or suffering an injury at the hands of a criminal defendant such as a drunk driver is one of the most devastating and frustrating losses one can experiences. If you find yourself in this position, don’t hesitate to contact a skilled Nashville personal injury attorney for more information on how you can recover due compensation.