Following accident, bar accused of overserving group; $1.15M settlement ensues

Action: Motor vehicle negligence, dram shop
Amount: $1.15 million
Injuries alleged: Traumatic brain injury with subdural hematoma, skull fracture, broken jaw, broken ribs, lumbar spine fracture, pelvic fracture, broken tibia with hardware placement
Case name: Withheld
Court/case no.: Withheld
Jury and/or judge: N/A (settled)
Date of settlement: Oct. 24, 2022
Special damages: $344,282.26
Most helpful expert: David Eagerton
Attorneys for plaintiff: David Yarborough and Alexandra Heaton, of Yarborough Applegate Law Firm; Shelly Leeke and Richard “Chip” Alexander, of Shelly Leeke Law Firm
Attorney(s) for defense: Withheld
Were liability and/or damages contested: Yes
Has judgment been successfully collected? Yes

On Jan. 29, 2022, the plaintiff was attending a farewell party with co-workers at the defendant bar. The group was served alcohol for several hours before the plaintiff and her boyfriend left the establishment. The plaintiff was the passenger in the vehicle driven by her boyfriend when they entered the Park Circle area of Charleston, where the accident occurred.
Due to their injuries, neither have any recollection of the exact details of the accident. The plaintiff was transported via EMS to MUSC hospital, where she spent several weeks in a coma and several more recovering prior to discharge, plaintiff’s counsel reported. The plaintiff was subjected to several surgeries during her rehabilitation from the injuries sustained in the accident.
Based on the evidence secured after the accident, David Yarborough and Chip Alexander elected to pursue a dram shop recovery against the defendant bar in addition to a liability claim against the driver of the involved vehicle. After gathering the necessary evidence, a pre-suit demand was made for the policy limits from both the bar and the involved vehicle, which totaled $1.15 million. The defendant bar ultimately agreed to tender their policy limits.