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Yarborough Applegate Settles $1.85M Dram Shop Suit

David Lail of Yarborough Applegate settled a lawsuit for the family of a 24-year-old man killed by a drunk driver while riding his moped in August, 2017. The dram shop lawsuit brought by Lail against the drunk driver and the bar that served him resulted in a $1.85M settlement for the victim’s family. The victim, who suffered severe injuries when the drunk driver’s car hit his moped, died two months after the accident.

As reported by South Carolina Lawyer’s Weekly,

“Anytime we represent a victim of drunk driving, we immediately begin a dram shop investigation,” Lail said.

The attorneys were initially told that the bar that had served the driver had been closed for several months leading up to the crash, and its insurance coverage had been cancelled, but it had reopened for one night to host a benefit event, with all proceeds donated to charity.

“We pressed on and eventually recovered under three separate policies,” Lail said.

While the defense contended the charity event raised a “social host” defense to the dram shop claims, in a recorded interview, the driver confirmed he had been drinking at the bar in question and took beer with him when he left. The driver’s BAC was .13 at the time of the crash.

The Yarborough Applegate team is passionate about the prevention of drunk driving and helping those affected by this unfortunate and highly preventable crime. Attorney David Lail represents victims of drunk driving in the firm’s Dram Shop practice area and co-authored the book, South Carolina Dram Shop Litigation: A Practice Guide, for the South Carolina Bar.

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