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North Carolina widower files settlement with restaurants that served drunk driver who killed his wife
View Date:2024-12-23 23:23:03
The estate of a woman killed on her wedding night reached a settlement with some of the establishments that served the intoxicated driver involved in the incident that killed her, according to court documents filed on Friday.
The Petition for Approval states that the estate of Samantha Miller came to terms with The Crab Shack, The Folly Deli, and Progressive Northern Insurance Company, that they would pay, "certain sums" under the Wrongful Death Act and the Survival Act in exchange for a release of liability in regard to the April incident that left cost the bride her life.
Miller was killed in a car accident hours after her wedding ceremony in South Carolina where she tied the knot with Aric Hutchinson, who is named as the representative of the estate and sole beneficiary.
The petition also states that the settling defendants will pay out attorney's fees in the amount of 33 and one third percent of the settlement.
The other defendants, which include the driver Jane Komorosky, other Folley Beach restaurants and an unnamed supervisor as well as multiple John and Jane Does, were not mentioned in the Petition.
Komorosky faces charges including reckless vehicular homicide and driving under the influence causing great bodily injury.
From a night to remember to a tragedy
Folly Beach Public Safety Department Chief Andrew Gilreath told USA TODAY Hutchinson and Miller were married just hours before the wreck.
A responding Folly Beach police officer, who found the victims on the ground at the scene, said the driver of the Camry smelled strongly of alcohol and admitted to drinking "one beer and a drink with tequila about an hour ago."
Police said data retrieved from Komoroski’s rental car show she was driving 65 mph and briefly hit the brakes before she slammed into the golf cart.
Komoroski refused a sobriety and a breath test, according to her arrest affidavit. She was arrested and medical personnel drew a blood sample from her.
According to additional court papers, when her blood was drawn her Blood Alcohol Content was 0.261, more than three times the legal limit to drive.
“Despite being noticeably and visibly intoxicated at each of these establishments,” the original lawsuit reads, “Jaime Komoroski continued to be served, provided, and/or allowed to consume alcohol in each of them.”
veryGood! (653)
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