Van James was convicted of the DWI charge after being involved in a motor vehicle accident that year with a Richmond County couple which has left them with disabling injures.
He was sentenced to six months in prison in Richmond County District Court and the sentence was suspended. Van James paid a $350 fine and $110 costs of court and was put on probation for two years.
He was to serve 20 days in the Richmond County Jail on weekends, but the jail was always too full for him to serve, he said in a court deposition.
He would show up at the jail wearing a neck collar and in a wheelchair each weekend. He got credit for showing up but was never admitted to jail, according to his deposition
Richard G. Buckner, of Rockingham, the injured victims' attorney, said the couple recently had their day in court and received an award of $27.5 million by a jury in Richmond County Civil Superior Court.
This month, Judge Gary E. Trawick signed the judgment against Van James, Buckner said.
One plaintiff will receive from Van James $4,000 in compensatory damage for his vehicle and $5 million for bodily injury and $10 million for punitive damages plus interest from the time the lawsuit was filed plus the costs of suing him.
His wife, the second plaintiff, will receive $2.5 million for bodily injury and $10 million for punitive damages, plus interest and lawyer’s fees.
Bucker said the $27.5 million judgment should send a strong signal that Richmond County jurors can make driving while impaired a costly act.
The defendants in the case claimed $600,000 in damages for medical expenses and lost wages, Buckner said.
In addition to insurance settlements, he said properties owned by Van James in Richmond, Stanly and Brunswick counties will be confiscated by the court in compensation.
It is unclear how much of the $27.5 million they will receive in the end, Buckner said the judgment of the court clearly spells out the liability for those who drive while impaired in Richmond County.
Buckner said the $20 million punitive damages award is one of the largest in the state’s history against a defendant in a DWI negligence suit.
According to court documents, Van James had a blood-alcohol level of 0.17 two hours after the accident. Prior to that accident, the documents showed he had at least one prior DWI conviction.
Judge Trawick denied motions by the defendant’s attorney for the verdict to be set aside and a new trail be granted.
The head-on collision occurred on March 4, 2005, on Roberdel School Road, in Rockingham.
The N.C. Highway Patrol said Van James ran off the road, crossed back over the centerline and collided with the plaintiff’s van. He was cited for driving while impaired and careless and reckless driving.
Buckner said the punitive damage award is to punish Van James for a flagrant wrongful act in driving while impaired and is designed to steer him from committing similar wrongful acts and send a message to others from driving while impaired.
After the accident, Van James was arrested on Aug. 29, 2007, on a charge of consuming alcohol in a passenger area of a vehicle, but the charge was dismissed.
Van James was convicted of a DWI charge in 1990 and again in 1991. In 2004 a DWI charge against him was dismissed. Nine months later, he was arrested for DWI after the accident on Roberdel School Road.
Contact reporter Tom MacCallum at 997-3111, ext. 15; e-mail tmaccallum@yourdailyjournal.com.
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