Could a $15M settlement in the Mallory Beach case change the law in SC? [The State]
A
Parker was named as a defendant alongside
In agreeing to settle the lawsuit, which was to be tried
While the settlement, which came on Sunday, marks the close of a years-long battle over who was to blame in Beach’s death, debate surrounding the matter may continue in the
That’s because
Massey’s push to amend South Carolina’s joint and several liability law — a rule that generally governs cases involving personal injury or wrongful death — began in 2019 following the death of Beach, who in February of that year was thrown from a boat and drowned.
The law essentially says that while multiple defendants can be sued in cases where the plaintiff was wrongfully injured or died, such as in the Beach case, monetary damages could ultimately fall entirely on just one defendant based on percentages of fault determined by a judge or jury. Percentages of fault can only apply to named defendants in a case.
In cases where a person wrongfully dies involving the use of alcohol, a defendant who is found to be only 1% responsible could be forced to pay the entire verdict — a consequence some lawmakers, such as Massey, say is grossly unfair.
“Nobody should be responsible for more than the damage that person causes,” Massey told investigative news site The Nerve last year. “If I cause injury to somebody else, I should be responsible, but I should be responsible only for what I caused, not for what someone else caused.”
But longtime
“With all due respect to
Indeed, the potential financial consequences of a jury verdict Parker could have faced under the current law prompted the settlement, according to Parker’s lawyers.
Murdaugh, who is serving two consecutive life sentences in prison, is believed to have few, if any, assets with which to pay damages that could have been awarded in a jury trial.
“That law would have required Parker to pay the entire amount of any damages awarded the Beach family, even if (Parker) was found ... one percent at fault,” said
Also under current law, a defendant accused of causing the injury or death of someone that doesn’t involve the use of alcohol or drugs must be found at least 51% at fault before being stuck with paying the entire verdict, and only named defendants can be held liable for the verdict.
Not only would Massey’s proposal, which he has reintroduced twice since 2019, modify how a defendant’s liability is determined in tort cases, but it would also allow liability to attach to persons or entities potentially responsible though not a party to the lawsuit.
So far, Massey has been unsuccessful in getting his measure to the
Whether the Beach settlement will do anything to shift tort law in
Efforts by The State to reach Massey for comment Monday were unsuccessful.
Regardless, the Beach case is closed after four years of negotiations, and no future change in the law could affect Parker’s agreement to fork over
Lawyers for the Beach family alleged that
Parker was named as a defendant in the Beach suit because one of his clerks at Parker’s Kitchen sold beer to the underage Paul before the boat crash.
Besides Paul and
Lawsuits brought by four other passengers on the boat were also settled Sunday after an hours-long session at a law office on
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Could a $15M settlement in the Mallory Beach case change the law in SC? [The State]
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