SC - Mallory Beach, 19, found deceased after boat crash, Beaufort Co, 24 Feb 2019 *Alex Murdaugh charged*

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A trial date in the family's wrongful death lawsuitagainst the Murdaughs, a once prominent and influential legal dynasty, is set for Aug. 14 — about four years after Beach's family filed the case against the Murdaugh family in 2019.
 
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Alex Murdaugh Faces August Trial in Mallory Beach Wrongful Death Suit, Accused of Enabling Underage Drinking​

Convicted on March 2 of murdering his wife and son and sentenced to life in prison, Murdaugh is facing a host of other legal cases for alleged embezzlement from his former firm and clients​



Convicted murderer Alex Murdaugh just finished one court case and is now gearing up for his next one.


On March 2, the disgraced attorney was found guilty of killing his wife Maggie Murdaugh, 52, and his son Paul Murdaugh, 22, on July 7, 2021, on the grounds of their sprawling hunting lodge in Islandton, S.C.


He was sentenced the next day to life in prison.

Even as Murdaugh took the stand in his own defense during the sensational, 6-week-long double-murder trial, he was facing dozens of charges for alleged financial crimes, including misappropriating money from his law firm, defrauding clients of funds and computer crimes.


This includes a wrongful death suit filed in 2019 by the family of 19-year-old Mallory Beach, who was killed in a boating accident that February when Paul was allegedly drunk at the wheel and crashed into a bridge pylon.
 
  • #284

On Friday, Murdaugh’s legal team announced they will file an appeal. But Tinsley said he doesn’t expect it to go anywhere.

“Everyone has seen how careful, how thorough, how good Judge Newman was. It was a very clean trial. Their only argument is the financial crimes shouldn’t have come in for the motive," Tinsley said.

Despite all the heartbreak tied to the Murdaugh saga, Tinsley believes some good will come in the end.

“Do you think that this will bring some positive change in the long run to the South Carolina justice system?” Miller asked.

“Oh, there’s no question. I mean, in terms of the way things are done — the courts, the lawyers," Tinsley answered.

And for the Beach family, who were in court Friday at Murdaugh’s sentencing, they’re able to start the healing process.

“They’re one step closer, in the way they view it, to some closure. You know, they’re never going to have peace. They’re never going to get over this," Tinsley said.

A trial on the boat crash wrongful death case is set for August 14.
 
  • #285
Today marks four years since Mallory Beach lost her life in a boat crash that changed so many. I just want to say that her family and Mark Tinsley should get A LOT more credit for the tidal wave of justice that occurred in the Lowcountry after she died. Sending love
 
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Will BM be in any trouble for giving PM his ID?
 
  • #287
Will BM be in any trouble for giving PM his ID?

Just my opinion -- if BM hasn't been charged or providing his ID yet, he won't be.

Would that be a misdemeanor in South Carolina?
 
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"Nearly four years after a family filed a wrongful death lawsuit against disbarred attorney Alex Murdaugh and his family members, a judge approved a settlement agreement in the case, dropping the estate of Murdaugh’s wife and his surviving son.".
 
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I have no insight to add, but I am so excited to see the title of this thread. Finally! :)
 
  • #290
Super news, imo.


SC Supreme Court rules to allow phones and electronic devices in court

COLUMBIA, S.C. (WCIV) — The South Carolina Supreme Court has ruled everyone may possess their phone and / or electronic device in court.

The court's ruling was announced on March 10. It reads:

"Persons, including attorneys, law enforcement acting as prosecutors in summary court, self-represented litigants, parties, witnesses, victims, and victim advocates who are participating in a case may, with the express permission of the presiding judge, use an electronic device to either present evidence or other information related to a proceeding, or to conduct research as part of the presentation of the case.

"Except as provided below, any person may possess an electronic device in a courtroom; however, the use of any electronic devices in the courtroom is prohibited without express permission of the presiding judge. All electronic devices must be powered off or placed in "silent" mode at all times within a courtroom."

The ruling says absolute bans on the possession of an electronic device in courtrooms are not permitted. However, where a presiding judge determines the possession of electronic devices interferes with the orderly administration of justice or causes a threat to safety or security in a proceeding, the judge may prohibit electronic devices in that courtroom for that proceeding.

The full ruling may be read at: SC Judicial Branch
 
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Attachments

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Maggie & Paul were forgotten victims in AM's murder trial.

Mallory is the original victim in this whole Murdaugh spiral into crazyville. I'm so sorry that such a beautiful and kind young woman died as a result of PM's reckless behavior. I hope for strength and peace for her family in the upcoming civil case. They sure do have one heck of an attorney Mark Tinsley representing them.

May justice finally be served for Mallory and her family.

#Justice4Mallory

MOO
 
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Will BM be in any trouble for giving PM his ID?
Seems like he should be according to this SC law firm website, IMO

"Anyone who’s involved in the transfer of a fake ID may also be charged. For example, if your cousin who’s over the age of 21 allows you to use his/her license to help defraud your own, they may be punished, as well. The penalty for accomplices is usually between 30 days and six months in jail, a revocation of your driver’s license, and a $2,500 fine."

What Are the Laws Regarding Fake IDs in South Carolina? - First Light Law.
 
  • #297
Drew Tripp
@DrewTripp


Attending a hearing today in the Mallory Beach boat crash case. Judge Daniel Hall is hearing arguments from attorneys for Beach & Parker's convenience stores. Parker wants summary judgment to be dismissed from the lawsuit, believing they have no liability for Beach's death.
11:12 AM · May 3, 2023

Parker's attorney PK Shere argues Parker's didn't knowingly sell alcohol to Paul Murdaugh prior to boat crash, & store clerk Tajeeha Cohen did her due dilligence by checking & scanning ID (taken from Buster), which came back valid.

Shere: SLED & Solicitor's Office declined to prosecute / cite Parker's or Cohen multiple times. No statutory or common law violation of duties was found to have occurred. Beach attorneys have no actionable claim, complaint must be dismissed.

Shere now moves to assumed risk by Mallory Beach. Made deliberate plans to avoid detection by law enforcement. Knew no life jackets or lights on boat, knew Paul's history of drinking, knew he was drunk. Had multiple chances to get off the boat, knew the risks, yet stayed on boat.

Shere brings up case precendent of SC man who knowingly picked up wild racoon that got in house, got bitten, admitted it was bad decision, but then sued landlord for injury liability. Judge dismissed that case prior to jury trial. Shere says Judge Hall should do same here.

Shere: Mallory knew dangers of being in vehicle with Paul with history of excessive drinking. Morgan Doughty affidavits say Mallory knew of 2 prior drunk driving crash incidents involving Paul, even witnessed one. Mallory & all on boat voluntarily put themselves in harm's way.

Shere brings up Anthony Cook testified multiple people tried to get them not to take boat back home from oyster roast because of how much they'd been drinking. Anthony Cook said passengers were all "sketched out" by thought of getting back on boat with Paul. Shere: assumed risk.

Shere showing Morgan Doughty, Miley Altman, Anthony Cook comments in Netflix documentary about history of Paul drinking, Murdaugh's giving underage kids alcohol, Paul becoming "Timmy," etc all before boat crash. Says it shows knowledge of risk, and Mallory *wanted* to be on boat.

Shere shows Anthony Cook saying they discussed getting an Uber before leaving dock while Paul and Connor Cook drank at Luther's bar in Beaufort. Things were getting bad. They were scared. Shere: voluntary exposure to risk, law is clear, case should be dismissed. Shere done.

Mark Tinsley now arguing for Beach family. Says Shere got a number of things wrong. Case law holds knowledge of illegal alcohol saleto minor isn't necessary, it's negligence per se. Also Supreme Court has held underage persons lack full capacity to make decisions re: alcohol.

Tinsley: legislature has made statutorily clear the issue of use, sale or possession of alcohol necessitates "joint and several liability." Undisputed that Parker's sold alcohol to Paul, and law says it's now up to a jury to decide negligence. Knowingly selling doesn't matter.

Tinsley: Elements of assumption of risk can't be satisfied in this case because cases of alcohol sale to minors resulting in injury are specifically exempted by legislature.

Tinsley: Mallory asked to be let off the boat when it was clear things had gotten dangerous. That undermines Parker's argument about assumed risk.

Tinsley reading transcripts of his deposition with Tajeeha Cohen, Parker's clerk who sold alcohol to Paul. Notes discrepancies about her true level of training. Also notes Miley Altman had just successfully used a fake ID at same store minutes before. Cohen didn't scan it.

Tinsley: Parker's hid fact of underage sale to Altman where ID wasn't scanned per protocol. Parker's also refused to produce write-up against Cohen for using her cell phone while at work, which she's shown doing on surveillance video.

Tinsley: Cohen wasn't fully trained on policies. She wasn't even originally supposed to work the front register. Example, Cohen should've used ID to match with credit card for Paul's purchase because it exceeded $45. She testified she didn't even know she needed to do that.

Tinsley: Cohen didn't attempt to verify Paul's height and weight against ID presented, wasn't looking for that, wasn't trained on policy saying she needed to do that.

Tinsley: Statute says whether or not a reasonable person could think Paul Murdaugh would pass for his brother Buster by simply looking at ID is an issue for a jury to decide, and it precludes Parker's from summary judgment here.

Tinsley: Parker's policy also required monitoring parking lot. Cohen if properly trained should've noticed other young people outside and Paul holding the beer up to celebrate, then reported what they saw to police.

Tinsley says Parker's cherry picked details from SLED report on decision not to prosecute or cite Parker's. Tinsley says SLED agents testified they only chose not to go forward because of difficulty determining the ID Paul used. Circumstantial evidence it was his brother Buster's

Tinsley done. Shere in reply. Says Tinsley desperately trying to obscure facts to make this a jury issue. He believes it's not. Shere says law doesn't support Tinsley on assumption of risk factor regarding underage sales. Aware of no law saying person under 21 can't assume risk.

Judge Hall will take arguments under advisement and will issue order on or before May 26.

 
  • #298
Drew Tripp
@DrewTripp


Attending a hearing today in the Mallory Beach boat crash case. Judge Daniel Hall is hearing arguments from attorneys for Beach & Parker's convenience stores. Parker wants summary judgment to be dismissed from the lawsuit, believing they have no liability for Beach's death.
11:12 AM · May 3, 2023

Parker's attorney PK Shere argues Parker's didn't knowingly sell alcohol to Paul Murdaugh prior to boat crash, & store clerk Tajeeha Cohen did her due dilligence by checking & scanning ID (taken from Buster), which came back valid.

Shere: SLED & Solicitor's Office declined to prosecute / cite Parker's or Cohen multiple times. No statutory or common law violation of duties was found to have occurred. Beach attorneys have no actionable claim, complaint must be dismissed.

Shere now moves to assumed risk by Mallory Beach. Made deliberate plans to avoid detection by law enforcement. Knew no life jackets or lights on boat, knew Paul's history of drinking, knew he was drunk. Had multiple chances to get off the boat, knew the risks, yet stayed on boat.

Shere brings up case precendent of SC man who knowingly picked up wild racoon that got in house, got bitten, admitted it was bad decision, but then sued landlord for injury liability. Judge dismissed that case prior to jury trial. Shere says Judge Hall should do same here.

Shere: Mallory knew dangers of being in vehicle with Paul with history of excessive drinking. Morgan Doughty affidavits say Mallory knew of 2 prior drunk driving crash incidents involving Paul, even witnessed one. Mallory & all on boat voluntarily put themselves in harm's way.

Shere brings up Anthony Cook testified multiple people tried to get them not to take boat back home from oyster roast because of how much they'd been drinking. Anthony Cook said passengers were all "sketched out" by thought of getting back on boat with Paul. Shere: assumed risk.

Shere showing Morgan Doughty, Miley Altman, Anthony Cook comments in Netflix documentary about history of Paul drinking, Murdaugh's giving underage kids alcohol, Paul becoming "Timmy," etc all before boat crash. Says it shows knowledge of risk, and Mallory *wanted* to be on boat.

Shere shows Anthony Cook saying they discussed getting an Uber before leaving dock while Paul and Connor Cook drank at Luther's bar in Beaufort. Things were getting bad. They were scared. Shere: voluntary exposure to risk, law is clear, case should be dismissed. Shere done.

Mark Tinsley now arguing for Beach family. Says Shere got a number of things wrong. Case law holds knowledge of illegal alcohol saleto minor isn't necessary, it's negligence per se. Also Supreme Court has held underage persons lack full capacity to make decisions re: alcohol.

Tinsley: legislature has made statutorily clear the issue of use, sale or possession of alcohol necessitates "joint and several liability." Undisputed that Parker's sold alcohol to Paul, and law says it's now up to a jury to decide negligence. Knowingly selling doesn't matter.

Tinsley: Elements of assumption of risk can't be satisfied in this case because cases of alcohol sale to minors resulting in injury are specifically exempted by legislature.

Tinsley: Mallory asked to be let off the boat when it was clear things had gotten dangerous. That undermines Parker's argument about assumed risk.

Tinsley reading transcripts of his deposition with Tajeeha Cohen, Parker's clerk who sold alcohol to Paul. Notes discrepancies about her true level of training. Also notes Miley Altman had just successfully used a fake ID at same store minutes before. Cohen didn't scan it.

Tinsley: Parker's hid fact of underage sale to Altman where ID wasn't scanned per protocol. Parker's also refused to produce write-up against Cohen for using her cell phone while at work, which she's shown doing on surveillance video.

Tinsley: Cohen wasn't fully trained on policies. She wasn't even originally supposed to work the front register. Example, Cohen should've used ID to match with credit card for Paul's purchase because it exceeded $45. She testified she didn't even know she needed to do that.

Tinsley: Cohen didn't attempt to verify Paul's height and weight against ID presented, wasn't looking for that, wasn't trained on policy saying she needed to do that.

Tinsley: Statute says whether or not a reasonable person could think Paul Murdaugh would pass for his brother Buster by simply looking at ID is an issue for a jury to decide, and it precludes Parker's from summary judgment here.

Tinsley: Parker's policy also required monitoring parking lot. Cohen if properly trained should've noticed other young people outside and Paul holding the beer up to celebrate, then reported what they saw to police.

Tinsley says Parker's cherry picked details from SLED report on decision not to prosecute or cite Parker's. Tinsley says SLED agents testified they only chose not to go forward because of difficulty determining the ID Paul used. Circumstantial evidence it was his brother Buster's

Tinsley done. Shere in reply. Says Tinsley desperately trying to obscure facts to make this a jury issue. He believes it's not. Shere says law doesn't support Tinsley on assumption of risk factor regarding underage sales. Aware of no law saying person under 21 can't assume risk.

Judge Hall will take arguments under advisement and will issue order on or before May 26.

Without getting into a tirade: I find Shere's blaming the victim statements disturbing, but I guess that's what he's getting paid for. On the other hand, always impressed by Mark Tinsley.
 
  • #299
Over the years, I've read much dissent about the store owner and clerk being held liable in this case but I think the Judge will rule it will be up to a jury to decide negligence.

It was only recently that voters passed an initiative here to privatize the sale of liquor in WA State, instead of state-run liquor stores, and I was surprised to read the amount of legal burden placed on the private store owners (vendors) when it came to training employees to conduct "legal" sales.

The state also established a voluntary responsible vendor program (RVP) where the incentive to participate is reduced sanctions for violations! Participating involves the vendor establishing certain "certified sales training" for its employees.

RVP Program requirements

  • Establish and enforce “house policies” for alcohol sales. All employees must read and sign the house policies and, at a minimum, must understand the following:
    • Acceptable forms of ID at your business.
    • How to properly check ID.
    • The consequences for selling alcohol to a minor or an apparently intoxicated person.
  • Post the house policies in an area that is visible to all employees.
  • Post signs to deter the illegal purchase of alcohol by patrons.
  • Have an on-going employee training plan including:
    • Train employees in responsible sales before selling alcohol.
    • Repeat the training at least once a year.
  • Maintain an alcohol sales management policy to promote best practices.
  • Keep training records for three years.
  • Once certified, post the member certification in an area that is highly visible to the public, such as the main entry
It might be similar in the jurisdiction of viewers as these rules dictating negligence tend to follow a pattern. In my experience, courts will use such programs to establish 'what is a reasonable practice' for a vendor when determining negligence.

 
  • #300
Paul Murdaugh, who was murdered by his father Alex Murduagh, allegedly crashed into a bridge while drunk. The convenience store that sold alcohol to underage Paul is named as one defendant in the civil suit.



Paul Murdaugh’s fatal boating accident: February 24, 2019

Paul Murdaugh was awaiting trial on criminal charges at the time of his death. On February 24, 2019, Paul crashed his father’s boat near Parris Island in Beaufort, South Carolina, killing 19-year-old Mallory Beach, who was a passenger on the boat. Paul, who was also 19 years-old at the time, was indicted on charges of boating under the influence, causing great bodily harm, and causing death in connection to the accident.

Paul had allegedly used his older brother Buster’s ID, along with a credit card belonging to his mother Maggie, to illegally purchase alcohol from a convenience store.

Paul had been boating while drinking with five of his friends — Mallory Beach, Morgan Doughty, Connor Cook, Miley Altman, and Anthony Cook — when they hit a bridge. The friends told authorities they tried to stop Paul from driving, and that they were genuinely frightened out on the water because he was driving the boat so erratically.
 

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