Wrongful Death Suit Filed in Charleston Pedestrian DUI Accident
Fort Mill, SC Personal Injury Lawyer
According to a Post and Courier article, the father of a Citadel graduate who was the victim of a drunk driving pedestrian accident has filed a wrongful death suit naming the alleged drunk driver, the establishment that served the driver alcohol, and the security company that provided security guards to the parking garage where the drunk driver parked his vehicle as defendants. The suit was filed in Charleston County Circuit Court last September.
According to the suit, the deceased individual was struck by a car driven by Allen Lee Gilliam Jr., who also faces criminal charges for driving under the influence and is awaiting trial. On the night in question, Gilliam attended a party and was served alcohol by Icebox Bar, Inc., a catering company who was named in the suit. Gilliam left the party and took more than an hour to navigate the two-block distance between the venue and the parking garage where he had parked his vehicle. He acquired his vehicle but was too intoxicated to leave the garage. The suit indicates that video surveillance showed Gilliam slumped over his steering wheel by the pay station in the garage. He was unable to leave until a security guard, employed by Universal Protection Service LLC, which was also named as a defendant in the lawsuit, manually opened the gate so that Gilliam could leave.
Shortly after driving away, Gilliam’s car swerved off the road and slammed into the deceased individual, causing him to be thrown off the side of the overpass. The authorities measured Gilliam’s blood alcohol level ninety minutes after the accident, which registered at more than twice the legal limit in the state.
Company’s Duty of Care
In addition to naming Gilliam, the suit also names the catering company, Icebox Bar, and the security company that employed the parking garage security guard, Universal Protection Service LLC, as defendants. The suit claims that Icebox failed its duty of care to the deceased individual by continually serving Gilliam alcohol even after he was visibly intoxicated. In South Carolina, plaintiffs may bring “dram shop” claims, which are claims of negligence against a bar, restaurant, or liquor store that sold or provided alcohol to a visibly intoxicated drunk driver before a crash that causes injuries or death. These dram shop claims have been recognized in decisions by the South Carolina Supreme Court.
As for the security company, the suit claims that Universal Protection was negligent in failing to oversee and or train the security officer to handle an intoxicated driver in a parking garage. Third party liability in this case would be based on whether the security company had a duty to train security officers in how to manage intoxicated drivers.
If you or a loved one has been injured by a drunk driver in an accident, you may have claims not only against the drunk driver but third parties who failed to exercise their duty of care, such as alcohol-serving establishments. The attorneys at Bice Law, LLC can help you navigate the complexities involved in these types of cases. Contact us today for a free initial consultation.
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The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability. We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly. Call 877-BICE-877 today or submit an online request to get a free consultation with a personal injury attorney. We serve families across both North Carolina and South Carolina.