Restaurant’s motion to be removed from suit over deadly Folly Beach crash denied

CHARLESTON, S.C. (WCSC) - A Folly Beach restaurant that hoped to be dropped from a wrongful death lawsuit in an April 2023 crash that killed a newlywed bride lost its bid for dismissal Monday morning.

Taco Boy, the only business remaining in the lawsuit, filed the motion in November.

The lawsuit involves a crash on April 28, 2023, in which a vehicle rear-ended a golf cart in the 1200 block of East Ashley Avenue. Folly Beach Police Chief Andrew Gilreath said newlyweds Samantha Miller and Aric Hutchinson, who had married hours earlier, were being taken by golf cart by two of Hutchinson’s relatives when a vehicle driven by Jamie Lee Komoroski struck the golf cart.

Miller died in the crash and the three others were injured.

Komoroski was charged with one count of reckless homicide resulting in death and three counts of felony DUI resulting in great bodily injury or death in that crash.

Hutchinson’s lawyer, Danny Dalton, filed a response to Taco Boy’s motion Friday afternoon, alleging that Komoroski, a Taco Boy employee, was pressured to participate in a work function earlier on the evening of the crash in which there was excessive drinking.

“We believe the attendance of these meetings was mandatory and there was pressure to consume alcohol as part of the employment; it was expected,” Dalton said.

Both the defense and prosecution agreed that Komoroski had started her night at the Drop-In Bar & Deli, where she ended up meeting other off-duty Taco Boy employees. A lawyer representing Taco Boy, William Chase McNair, argued this meeting was a conscience.

“Every off-duty employee at Taco Boy that was present at that meeting has presented an affidavit. What’s consistent with every one of those affidavits, is that no one invited Ms. Komoroski, this was not a work-sanctioned event, no one purchased alcohol for Ms. Komoroski; they just happened to be off on the day of the incident,” McNair said. “She is captured by video surveillance arriving alone and departing alone.”

Citing another South Carolina case, Dalton stated employees do not need to be clocked in and earning wages to be within the duties of an employee. He rebutted by presenting that Komoroski was at the Drop-In with her direct supervisor and her direct trainer.

“Her belief was, in order to get the good shifts, get the good tables, in order to be in good favor with the bosses, you go to these things, and the bosses are putting these things on, what we have been told, to further the ‘island drinking culture,’ Dalton said.

During Monday’s hearing, McNair gave background on Komoroski’s employment and explained that Komoroski had been hired four days before the crash and had only worked a total of 13 hours for training.

“She did not work on April 28. She did not set foot on the premises of Taco Boy on April 28, nor did she consume alcohol served or provided by Taco Boy on April 28,” McNair said.

In requesting that Taco Boy’s motion be denied, Dalton said it is “too early” to evaluate the case and claimed Taco Boy repeatedly invoked “self-serving affidavits” from its owner, manager and employees to defend themselves in the case.

“When the employer, negligently or intentionally, created the risk, they can be liable,” Dalton said.

McNair said thousands of pages of evidence and documentation were made available far before the hearing was scheduled, giving Dalton ample amount of time to review discovery.

“Quite simply, there is no legal duty to monitor the activities of an off-duty employee,” McNair said.

Dalton said Hutchinson’s side has not been able to question Komoroski or those who were present at the work function at which the excessive alcohol was allegedly consumed. Dalton also said two letters to Taco Boy requesting evidence that has still not been provided have not been answered.

The other defendants listed in the lawsuit settled for over $1 million back in June. Those Folly Beach bars include the Crab Shack, the Drop-In Bar and Deli and Snapper Jacks.

Komoroski’s criminal trial is expected to begin within the next few months.

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