Five brothers were driving home one evening when their vehicle was struck head-on by a driver who was leaving a bar after drinking. The collision resulted in the death of one of the brothers, and injuries of varying severity to the other four.
According to plaintiff attorney Samuel R. Clawson Jr., the plaintiff filed suit against the driver and learned that the bar an eyewitness placed the driver at prior to the collision had no policies or procedures regarding safe service of alcohol. Clawson reported that bar employees had not received any training on the safe service of alcohol, and the bar did not maintain any sales receipts, tabs, or drink tickets that would offer the ability to track sales and service of alcohol for bartenders to keep a drink counts for customers.
Clawson also reported that the driver has been arrested for multiple Felony DUIs.
Even though the driver’s blood alcohol content was potentially less than 0.08 at the time of the collision, this was sufficient to convince the bar’s insurance company to pay the policy limits.
The plaintiff settled on Nov. 21, 2022, for $1 million.
“There would never have been enough money to make our clients whole for their losses as a result of this collision, but we are proud that we were able to quickly obtain a settlement for all available insurance and allow them to begin the grieving and healing process,” Clawson said.
Type of Action: Dram Shop
Injuries Alleged: Wrongful death and personal injury
Name of Case: Confidential
Court: Confidential
Special Damages: No economic loss claimed
Verdict or Settlement: Settlement $1,000,000
Date of Verdict or Settlement: Nov. 21, 2022
Attorneys for Plaintiffs: Samuel R. Clawson Jr. and Christy R. Fargnoli, Clawson Fargnoli Utsey LLC, Charleston, and Barrett Brewer and Amanda McKendrick, Brewer Law Firm, Mount Pleasant
Attorneys for Defendants: Confidential
Were Liability and Damages Contested: No
The post Dram Shop pays $1M after accident causes fatal injuries 
first appeared on South Carolina Lawyers Weekly.