Powell Brown Settlement: Wrongful Death and Criminal Charges

The Powell Brown settlement resolved a wrongful death lawsuit filed by the family of 20-year-old Charles Harrison “Harry” Carter, who drowned in Lake Osceola on Memorial Day 2021 after a party at the Winter Park, Florida home of Brown & Brown, Inc. CEO J. Powell Brown. The case was dismissed on October 3, 2022 after the parties filed a joint stipulation stating they had “amicably resolved their differences.” The financial terms were not disclosed.¹

What the Lawsuit Alleged

In June 2022, Carter’s estate, represented by his mother Tracey Mary Carter, sued three members of the Brown family in the Ninth Judicial Circuit Court in Orange County, Florida: Adrian Preston Brown, J. Powell Brown, and Nancy Hendricks Brown.¹

The complaint raised seven claims, including negligence and violation of Florida’s open house party statute. It alleged that Powell and Nancy Brown knew or should have known that underage guests were drinking at the party and that their son was operating the family’s boat while impaired. Powell Brown was specifically accused of negligently entrusting the 21-foot Ski Nautique to Adrian. The estate sought damages exceeding $100,000.²

How the Case Was Resolved

The case moved quickly. A motion to dismiss was filed in August 2022. On September 22, 2022, the parties filed a joint stipulation for dismissal, and the court entered its order of dismissal on October 3, 2022. Each side agreed to bear its own costs and attorney’s fees, and the court retained jurisdiction for 30 days to enforce the settlement obligations. The dollar amount and other terms were kept confidential.¹²

The case has remained closed since. There have been no further filings, appeals, or related lawsuits on the docket.¹

The Drowning That Led to the Suit

On the afternoon of May 31, 2021, Adrian Brown, then 20, hosted a Memorial Day gathering of roughly 20 people at his parents’ lakefront home in Winter Park. Most of those present were under 21. Police later found 80 empty containers of beer and hard seltzer, an empty wine bottle, and a half-empty bottle of vodka aboard the Brown family’s boat.²

Between roughly 6:30 and 7:00 p.m., Adrian Brown took a group of friends out on Lake Osceola. Carter and a 19-year-old friend went swimming near the drifting boat. Witnesses said Carter told her he was going to “dunk my head,” went under, and never resurfaced. His body was recovered the following evening by the Orange County Sheriff’s Office dive team. A medical examiner ruled the death a drowning caused by intoxication from ethanol and mitragynine, a compound in kratom. Carter’s blood alcohol level was 0.317, nearly four times the 0.08 legal limit.²

The Criminal Case Against Adrian Brown

Adrian Brown was charged with one count of hosting an open house party causing or contributing to a death, a first-degree misdemeanor under Florida law. Prosecutors considered a boating under the influence charge as well but concluded they did not have evidence sufficient to prove it beyond a reasonable doubt at trial.²

On October 19, 2022, Adrian Brown entered a deferred prosecution agreement. The misdemeanor would be dismissed and never refiled if he stayed out of trouble for six months, completed a four-hour drug and alcohol awareness class, paid $500 to Kids House of Seminole County, and paid $50 to the State Attorney’s Office. A filing one week later confirmed he had already completed each requirement. The six-month compliance window would have ended around April 2023, at which point the charge became eligible for dismissal.²

Powell Brown and the Company

J. Powell Brown has served as president and CEO of Brown & Brown, Inc., a publicly traded insurance brokerage headquartered in Daytona Beach, since 2009. He joined the firm in 1995 and is the son of J. Hyatt Brown, who served as chairman of the board.³

Brown & Brown, Inc. was not named as a party in either the wrongful death lawsuit or the criminal case. All legal actions arising from Carter’s death were directed at members of the Brown family personally.²

1
UniCourt. Estate of Charles Harrison Carter vs. Brown, Adrian Preston et al.
2
Daytona Beach News-Journal. Brown Family Member Charged in Underage Drinking Drowning Death
3
SEC. Brown & Brown Inc. Definitive Proxy Statement