Ami Fid Bissette, et al vs. Katherine Ann Deis

Case Background

On November 7, 2022, Plaintiff Ami Fid Bissette and others filed a wrongful death lawsuit in the North Carolina State, Wake County, Superior Court (Case number: 22CVS013895-910). Judges Claire V. Hill, Collins George Bryan Jr., and Gale M. Adams presided over this case.

Cause

On November 13, 2021, Katherine Ann Deis and her friends, including Defendants Mary German, Ayden Andolina, and Katherine Fruehauf, bought alcohol from Apex Eagles, a convenience store with a reputation for selling alcohol to minors. The store’s employee sold them multiple packs of Truly Hard Seltzer without verifying their ages. The group then took the alcohol to a party, where they drank throughout the evening. Later that night, Defendant Fruehauf drove the group to a park. There, Deis and J.W. retrieved a separate vehicle. Instead of heading home, Deis, who had been drinking, drove back to the party. She continued consuming alcohol and later volunteered to drive J.W.’s vehicle when the party ended. Plaintiff’s Decedent, Johnathan Pooley, along with other friends, got into the car. At approximately 1:11 a.m. on November 14, 2021, Deis lost control of the vehicle while speeding on Morrisville Parkway in Wake County, North Carolina. The car crossed a median, hit multiple curbs, rolled over, and crashed into a tree. A police officer responding to noise complaints from the party saw the vehicle speeding but could not intervene before the crash. Emergency responders arrived and found Deis and other minors severely injured inside the car. Pooley, who had been ejected from the vehicle, suffered fatal injuries. First responders pronounced him dead at the scene.

Injuries

The crash caused severe injuries to multiple passengers. J.W., B.H., and J.H. sustained serious harm and required immediate medical treatment. Deis, though conscious at the scene, also suffered injuries. Law enforcement determined that she had been drinking before driving. She admitted to consuming alcohol earlier that night. Plaintiff’s Decedent, Johnathan Pooley, suffered catastrophic trauma. The force of the crash ejected him from the vehicle. He died at the scene, leaving his family devastated. The incident highlighted the dangers of an underage DUI accident and the severe consequences of reckless drinking and driving.

Damages

Due to the Defendants’ reckless actions, the Plaintiff sought damages for medical expenses, funeral costs, emotional distress, and punitive damages. The lawsuit aimed to hold those responsible for the underage DUI accident accountable for their negligence.

Key Arguments and Proceedings

Legal representation

• Plaintiff(s): Ami Fid Bissette | Jonathan Estate of Pooley
  • Counsel for Plaintiff: Alayna Marie Poole | Rodney E. Pettey

• Defendant(s): Ayden Andolina | Djuan Atwater | Circle K Stores, Inc. | Katherine Ann Deis | John Doe | Eagles Enterprise, LLC | Katherine Fruehauf | Gandhi at Laura Duncan, LLC | Mary German | LMOC Legacy, LLC | Refuel Operating Co., LLC
  • Counsel for Defendants: Owen C. Jr. Tierney | Erin Katelyn Taylor Berry | John T. Jeffries | Stephanie Watson Anderson | Keith William Carney | Robert Cyril Cratch | Robert G. Lewis | Jesse Andrew Schaefer | Amanda M. Wells

Claims

The Plaintiff, Ami Bissette, acting on behalf of Pooley’s estate, filed a lawsuit against multiple Defendants, including Deis, Apex Eagles, and several other individuals. The lawsuit alleged that Apex Eagles negligently sold alcohol to minors, which directly contributed to the fatal underage DUI accident. The Plaintiff argued that the store had a known history of selling alcohol to underage individuals and that its employees failed to check identification before making the sale. The Plaintiff also accused Deis of negligence and wrongful death. They contended that her decision to drive under the influence of alcohol directly caused Pooley’s death. Additionally, the lawsuit included civil conspiracy claims against German, Andolina, and Fruehauf. The Plaintiff asserted that these Defendants knowingly participated in illegally obtaining alcohol, creating a dangerous situation that led to the fatal crash.

Defense

The Defendants denied liability and presented multiple legal defenses. Gandhi at Laura Duncan, LLC (GLD), the owner of the building leased to Apex Eagles, argued that it had no involvement in alcohol sales and no knowledge of illegal transactions at the store. GLD admitted ownership of the premises but contended that it had no legal duty to monitor or control Apex Eagles’ operations. The company asserted that it neither breached any legal obligation nor bore responsibility for the actions of the store’s employees. The Defendants also shifted blame onto Plaintiff’s Decedent, Johnathan Pooley. They claimed that he knowingly accepted the risks of underage drinking and voluntarily got into a car driven by an intoxicated person. The defense argued that Pooley’s actions contributed to his injuries, as he attended a party where minors drank, consumed alcohol, and knowingly entered a vehicle operated by Deis, who had been drinking. They asserted that this constituted contributory negligence, barring any claims against them. Additionally, the Defendants alleged that third parties, including social hosts at the party, played a role by providing alcohol to minors. They contended that these intervening factors broke the chain of causation, relieving them of liability. GLD and other Defendants also argued that procedural issues, including waiver, estoppel, and laches, barred the lawsuit. They claimed that the Plaintiff delayed filing the claims, causing unfair prejudice. Lastly, the Defendants challenged the claim for punitive damages. They argued that the Plaintiff failed to meet the legal standard for imposing such penalties. They also contended that punitive damages would violate constitutional protections and sought dismissal of the claim.

Jury Verdict

On February 7, 2025, the jury found that Mary German was not liable for Pooley’s wrongful death due to civil conspiracy. They determined that an agreement existed to engage in unlawful acts but concluded that Deis did not operate a vehicle in furtherance of that agreement. They also ruled that the agreement was not a proximate cause of Pooley’s death. Additionally, the jury found that German’s negligence did not directly cause Pooley’s death. The verdict underscored the complex legal issues surrounding liability in underage DUI accident cases. Court Documents: Documents are available for purchase upon request at jurimatic@exlitem.com