A Spartanburg bar will pay $1 million to resolve claims that it overserved a patron who later drove drunk and ran his car into a moped, killing one person and seriously injuring another, the attorneys for the victims report.
Kenny Berger of Spartanburg and Chris Pracht and Kerrison Schmutz of Thomason & Pracht in Anderson report that Thomas Martin and Roschelle West were riding on a moped that Martin was driving in early morning hours of July 15, 2018 in Spartanburg when the driver, Jose Valdes, slammed into the scooter from behind, killing West instantly and seriously injuring Martin, who a suffered a traumatic brain injury and orthopedic injuries.
Schmutz
Martin was in intensive care for three months, then underwent extensive rehabilitation therapy in which he re-learned how to walk and feed and dress himself. He suffers from short-term memory loss and cannot be left alone at all, Pracht said. Berger said that Valdes was driving his BMW between 58 and 70 mph when he hit the couple, who were on their way home from their jobs at a local diner.
Earlier that evening, Valdes had been at Club South 29 in Spartanburg. A video showed that Valdes went into the club just before midnight and left at 1:35 a.m. The wreck happened less than two minutes later and a blood draw at 3 a.m. put Valdes’ BAC at .19. Although the plaintiffs had no solid evidence such as receipts that proved Valdes was overserved at the club, Berger said that there was solid circumstantial evidence that was the case.
Pracht
Zach Brown of McAngus Goudelock in Greenville represented Club South 29. He could not be reached for comment, but Berger said that Club 29 did not admit any wrongdoing.
The $1 million settlement, agreed to on Dec. 14, reflected the full policy limits of the bar’s insurance.
Berger
“I think what it came down to was that the damages were so large that they couldn’t risk not paying the million dollars when the total exposure could have been within $20 million to $30 million” had the case gone to trial, Berger said.
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SETTLEMENT REPORT – DRAM SHOP
Amount: $1 million (Policy Limits)
Injuries alleged: Death; traumatic brain injury and orthopedic injuries
Case names: Summer Grant as personal representative of the Estate of Melony Roschelle West & On Behalf of the Statutory Beneficiaries v. The South 29 Social Alliance a/k/a Club South 29 a/k/a South 29; Joyce Darlene Wylie v. The South 29 Social Alliance A/K/A Club South 29
Court: Spartanburg County Circuit Court
Case Nos.: 2019-CP-42-03044 and 2020-CP-42-04274
Date of settlement: Dec. 14
Most helpful experts: David Eagerton of Buies Creek, North Carolina (forensic toxicology) and Elizabeth Trendowski of Hartford, Connecticut (dram shop forensics)
Insurance Carrier: Chubb Insurance
Attorneys for plaintiff: Kenneth Berger of Spartanburg and Chris Pracht and Kerrison Schmutz of Thomason & Pracht in Anderson
Attorney for defendant: Zach Brown of McAngus Goudelock in Greenville