Restaurant seeks dismissal from suit in Folly Beach crash that killed new bride
CHARLESTON, S.C. (WCSC) - An attorney representing the man whose new wife was killed in a DUI crash on Folly Beach last year has responded to a restaurant’s motion to be dismissed from a lawsuit related to the case.
The crash happened at approximately 10 p.m. on April 28, 2023, when a vehicle rear-ended a golf cart in the 1200 block of East Ashley Avenue, Folly Beach Police Chief Andrew Gilreath said. The golf cart carried Samantha Miller and Aric Hutchinson, who had just married hours earlier at the beach, along with two of Hutchinson’s relatives who were taking the newlyweds back to their rental home. Miller was killed in that crash.
Police said Jamie Lee Komoroski drove the vehicle that struck the golf cart. She was charged with one count of reckless homicide resulting in death and three counts of felony DUI resulting in great bodily injury or death.
The only business left in the wrongful death suit, Taco Boy, filed a motion to be dismissed from the case back in November 2023. However, Hutchinson’s lawyer, Danny Dalton, filed a response to that motion Friday afternoon. The court document states that Komoroski was employed by Taco Boy and that she was pressured to participate in a work function earlier on the evening of April 28, 2023, in which there was excessive drinking.
The court document filed by Dalton asks the court to deny Taco Boy’s request to be dismissed from the case. Dalton says it is too early to evaluate the case and claims Taco Boy has repeatedly invoked “self-serving affidavits” from its owner, manager, and employees to defend themselves in the case.
Dalton says Taco Boy is asking the court to decide the case based on “evidence” from those self-serving affidavits before any discovery has been completed. They say Hutchinson hasn’t been able to question Komoroski or those who were present at the work function at which excessive alcohol was consumed.
The document also states that Hutchinson has sent two letters to Taco Boy requesting evidence that has still not been provided and that they have not received a response.
The court documents also include information from an affidavit signed by a former employee and kitchen manager about his experience working at Taco Boy. That former employee said, “the culture at Taco Boy revolved heavily around alcohol,” “he is aware of employees taking shots with patrons,” “in the back, employees would drink from the large margarita tubs,” and “employees would come back after going for shots nearby and be drunk on the job.”
Dalton says, if necessary, they are ready to provide additional evidence and call witnesses to testify at the hearing to prove that Taco Boy was at fault.
A judge is expected to decide at a Monday morning hearing whether Taco Boy should be dismissed from the suit.
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