Four Local Restaurants to Be Named as Defendants in DUI Civil Lawsuits

Midland, S.C.-Destiny Mills, 24, decision to get behind the wheel and drive despite her intoxicated death resulted in a fatal, early morning crash on I-26. As the result of her action, one 21-year-old woman, Olivia Johnson, has been killed, Destiny faces a felony DUI conviction, and currently has to wear a monitor that allows the court to see if she’s currently consuming any alcohol.

CDOT-Launches-New-Campaign-to-Combat-Buzzed-Driving_19225836_mThe crash ended what had been a night of bar hopping exploits that started at an Applebee’s restaurant before moving to the Carolina Ale House then it was onto the Wild Wing Café. The last establishment visited before the crash was the Bulldog Pub. The story doesn’t end there.

Now all four establishments have been named as the defendants in a wrongful death civil lawsuit filed by the victim’s father. It’s the belief of Olivia Johnson’s father and his legal team that her death could have been prevented if the employees at any of the four establishments had been paying attention to Destiny Mills condition and taken steps to ensure she didn’t get behind the wheel while she was intoxicated.

The lawsuit states, “the defendants … could have likely prevented the decedent’s death by calling a (cab) for Mills or otherwise ensuring that she did not drive an automobile from their premises.”

So far, each of the bars has refused to admit any guilt in the case.

“In legal circles, this type of wrongful death case is referred to as a dram shop lawsuit,” personal injury attorney Joseph Sandefur who represents one of South Carolina’s most successful personal injury firms at Joe and Martin, explains. “While these type of lawsuits aren’t allowed in some states, in South Carolina there’re not only allowed to be filed, but many have been successfully won by the plaintiffs and resulted in a large settlement.”

Guida-in-stato-di-ebbrezza-procedimento-penale-archiviato-patente-sospesaIn the state of South Carolina, the law states that bars and restaurants can’t knowingly continue to sell alcohol to someone who is already drunk. The sticking point is the knowingly word. In order to win his case, the plaintiff’s legal team will need to prove that the defendant’s employees were aware of Mill’s intoxicated state.

These types of cases have proven costly to the businesses named as defendants in the case. A jury recently awarded the plaintiff a $3.8 million negligence verdict after they decided a local bar, the Loose Cockaboose, should have stopped serving a customer who left the bar, got into his car, and triggered an accident that resulted in a six-year-old girl’s death.

In another case, a local bar, Jake’s Bar & Grill, agreed to a $975,000, no admission of guilt settlement after they were named the defendant in a civil lawsuit case after son of Jim Carlen, the University of South Carolina’s late football coach, killed Justin Timmerman in a DUI accident after he left the bar.

 

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If you were injured in a DUI accident or if someone you loved suffered a wrongful death in a DUI crash, you should contact a personal injury attorney and learn more about your civil rights.

 

 

More Lawsuits Filed Against Monster Energy Drinks Due to Injuries

There is a product that has been said to cause heart attacks, strokes, brain damage and even kidney failure among individuals as young as 14. The company that makes this product is not facing a number of different lawsuits. This is actually the Monster Beverage Corp. and those that have filed this lawsuit are alleging that the drink is causing deaths as well as hospitalization.

1455170139833Four different lawsuits were filed in February in the Superior Court of California. This is located in Riverside County.
Monster Beverage Corp. is one of the largest energy drink manufactures in the world. They are only one that has faced lawsuits. The caffeine that is in this drink is what is being looked at. This is because the caffeine levels are higher than other soft drinks that are regulated by the US Food and Drug Administration (FDA).

Believe it or not, in the past energy drinks have been classified as dietary supplements and they do not have really strong labeling guidelines. The content and ingredient levels that are often on the product are there because the manufacturers voluntarily do this.

Caffeine can lift your mood when it is taken in small amounts. But, when it is in larger amounts it can actually cause cardiac arrest. When you consider energy drinks it is important to know that the makers will add more caffeine to give those that drink it a boost of energy. There have been some companies that report that there is not much more caffeine in the drinks than what you would find in a strong cup of coffee. However, it is important to understand that coffee is to be sipped while these drinks are not.
REDBULL6961_zps1c88ac1a1Those that consume these drinks will be “throwing them back” or start “pounding them down,” as a way to get caffeine right off of the bat. Some of these energy drinks are going to have natural ingredients in them and they are going to give you same effects as caffeine. When it is combined with real caffeine the results can be dangerous for many individuals.
The lawsuits related to The Monster drink are alleging that before 2013 the labels did not give consumers the proper information that they needed to decide if they should drink this or not. The company is now required to meet FDA regulations but this does not mean that the ingredients have been tested under some of the current food guidelines.

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The most recent lawsuits are James Thompson v. Monster Beverage Corporation, Monster Energy Company, and Does 1-100, Inclusive, Case No. RIC 1601533; Robert Grim v. Monster Beverage Corporation, Monster Energy Company, and Does 1-100, Inclusive, Case No. RIC 1601523; Joel Rine v. Monster Beverage Corporation, Monster Energy Company, and Does 1-100, Inclusive, Case No. RIC 1601526; and John E. Staten v. Monster Beverage Corporation, Monster Energy Company, and Does 1-100, Inclusive, Case No. RIC 1601581.