A wrongful death claim cannot bring anyone back. What it can do is hold responsible parties accountable and give a grieving family a measure of justice. A recent Raleigh case shows how that process can work, even when a death also leads to criminal charges.
The Garrity Case
In April 2023, 27-year-old Mark T. Garrity Jr. was stabbed and killed at Taz’s Supermarket, a convenience store on South Wilmington Street in downtown Raleigh. The store’s former owner was later convicted of voluntary manslaughter and sentenced to more than five years in prison.
Garrity’s mother filed a wrongful death lawsuit against the former owner, his company, and the property’s landlord. The defendants agreed to pay $1.3 million to settle the claim.
According to the family’s attorneys, the complaint pointed to a troubling pattern. It stated that police had responded to the store for more than 900 emergency calls in the five years before the killing. That history became central to the argument that the danger was foreseeable.
Criminal Charges and Civil Claims Are Separate
Many people assume a criminal conviction is the end of the story. It is not. A criminal case is brought by the state to punish unlawful conduct. A civil wrongful death claim is brought by the family to recover compensation for their loss.
The two move on separate tracks. A person can be acquitted in criminal court and still be held liable in civil court, or convicted and then face a civil claim as well. The Garrity settlement came after the criminal conviction, not in place of it.
North Carolina’s wrongful death law is set out in the state’s wrongful death statute, which allows a personal representative of the estate to bring a claim on behalf of the family.
When a Property Owner May Be Responsible
This case also raised a question of premises liability. Businesses that invite the public onto their property have a duty to take reasonable steps to keep visitors reasonably safe. When a business knows about a repeated danger and does little about it, it may share responsibility for harm that follows.
Courts often weigh factors such as:
- Prior crimes or violent incidents at the location
- The number of police calls to the property
- Whether the owner provided security or other safeguards
- Whether the danger was reasonably foreseeable
- How the business responded to known risks
A long record of emergency calls, like the one described in the Garrity complaint, can support an argument that an owner should have acted sooner.
What Damages a Family May Recover
North Carolina law allows families to seek several kinds of compensation in a Raleigh wrongful death case. These can include medical and funeral expenses, the deceased person’s pain and suffering, lost income, and the loss of care, companionship, and guidance. In cases involving malice or willful conduct, punitive damages may also be available.
If your family is weighing a claim, a Raleigh, NC wrongful death lawyer can review the facts and explain which damages may apply to your situation.
Moving Forward
Losing a family member to someone else’s wrongful conduct is one of the hardest things a person can face. A wrongful death claim will not undo that loss, but it can bring accountability and help a family move toward stability. The team at Burton Law Firm helps grieving families across North Carolina understand their rights and pursue fair compensation. If you have lost someone you love because of another party’s actions, speaking with a Raleigh wrongful death lawyer can be a steady first step.