South Carolina Injury Lawyer Blog

Jury Finds in Favor of Major Aluminum Producer in Cancer-Hazardous Waste Lawsuit

Tue, 08 May 2012 16:31:11 -0500

Your Charleston accident lawyers at Howell and Christmas, LLC have discussed work accidents and on the job injuries in the past, but more often then not the injuries covered here are the result of an immediate accident, or due to a repeated work related action. But there exists another class of work related injury that may or may not develop long after the job is done; we're talking about exposure to hazardous materials that are believed to be the source of certain cancers and other forms of serious disease. Detailed below is a lawsuit concerning the same, and shows the difficulty of establishing a causal link between toxic exposure and a specific illness.

After a more than two-week long trial an Indiana jury has returned a verdict in favor of major aluminum producer Alcoa. A former miner who worked at the Squaw Creek Mine site from 1977 until its closure in the early 1990s filed the $12 million lawsuit. The suit claimed that Alcoa’s dumping hazardous substances at the site caused the former miner’s cancer of the bile duct, which is a rare form of liver cancer. The now 56 year-old man also spent countless hours fishing, hunting, hiking, and target shooting around the site starting as a young child. The lawsuit sought to recover and provide future medical costs, loss of income, pain and suffering.

Jurors were told by the plaintiff's attorney that the former miner's estimated past medical costs, including four major surgeries, was greater than $480,000; future medical expenses could exceed $800,000, with an additional $50,000 to provide for his wife's medical monitoring for signs of developing cancer; combined loss of income for the couple was estimated at $1.3 million; and plaintiff sought another $9.5 for intangible losses such as pain and suffering.

According to reports, large amounts of industrial waste were dumped into portions of the mine starting in the mid-1960s until 1979. Such waste included coal tar pitch, spent pot linings from its aluminum smelting and a sludge that contained chromium. Chromium has long been known to be toxic and carcinogenic (capable of causing cancer) in large amounts and in certain forms. Alcoa acknowledged the dumping but has disputed the toxicity of the waste, where the waste was dumped, and how much of it was dumped. Further, Alcoa insisted it was in full compliance with state regulations.

Facts of a Thought Provoking Case Outlined and NFL Team Pays Tribute to Inspirational Former Player

Wed, 02 May 2012 15:24:34 -0500

Escorted from the airport two days in a row for erratic and highly disruptive public behavior, a young woman was taken into custody on the second day for her actions. At the time she was 21 and in college, and had been involved in a serious auto accident the previous year, which either caused or exacerbated an existing mental condition--bipolar disorder. Upon being arrested, the young woman's mental state was called into question. Despite having spoken to the young woman's stepfather and mother by phone, both of which disclosed her psychiatric illness, the arresting officer and other state agents deemed her behavior unrelated to a diagnosed mental condition. Rather, most officers and other state actors felt she was either a) under the influence of drugs or b) simply disgruntled and difficult because of her being taken into custody.

The young woman was released from custody on a personal recognizance bond, after displaying some rather disturbing behavior. She was released into the early evening; near a public-housing project with an exceptionally high crime rate, without having her cellphone returned to her; she was dressed in a cutoff top with a bare midriff, short shorts, and boots; and she is a well off white woman while the immediate population is predominately black and not affluent. Thus, the young woman obviously stood out as unfamiliar with the surrounding environment, making her a potential target for crime. To boot, she was released into a neighborhood with many abandoned apartment buildings waiting to be demolished. Vacant apartments, like vacant buildings, render an area more dangerous as they are known to provide a haven for criminals, and, therefore, criminal activity.

While free in this particular downtrodden neighborhood the young woman came into contact with a group of 15-20 individuals. Several young men led her into an uninhabited apartment building a few blocks from the police station she was released. Court records state that the young woman was made aware of her precarious and unsafe situation by the group, and suggested she should leave. The young woman, however, was too confused to act on that advice. Five hours removed from police custody, a man forced the group from the apartment, and raped the young woman at knifepoint. In an effort to escape, or in a further act of assault, the young woman left the apartment through a window; seven stories above the ground below. She may have jumped. She may have been pushed or thrown. Although she survived the sexual abuse and overall horrific experience, she cannot say exactly what happened as she suffered a traumatic brain injury from the fall, permanently reducing her brain function to that of a child.

Charleston Personal Injury Attorney Talks 'Distracted Driving'

Thu, 26 Apr 2012 12:14:49 -0500

While it may be mentioned often on the Howell and Christmas, LLC law blogs, distracted driving has yet to be a headliner, or the main topic of a Charleston car accident lawyer entry. Distracted driving constitutes any and all activities that direct a driver's attention away from the road, surrounding vehicles, and/or surrounding conditions that require focus for a driver to be safely operating his/her motor vehicle. Most often, when one thinks of a distracted driver, the image comes to mind of an individual with a hand on the wheel, phone in the other, while eyes dart back and forth between road and screen, seemingly far more concerned with the screen. But distracted driving goes well beyond the texting, checking an email, and making a phone call. Not to downplay the risk these cell phone related activities pose to someone behind the wheel, but even routine things like changing a CD can put lives in danger. Maybe yours. Maybe someone else's. Maybe both. It only takes one-second for everything to change when driving a car.

It is a common misconception that is distracted driving is only associated with inexperienced, text-obsessed teenage drivers. Distracted driving is not just a teen problem; it is an everyone problem according to Joel Feldman, founder of the nonprofit endDD.org. According to endDD.org, only 18 percent of distracted driving fatalities can be attributed to cellphone use, just about everything else accounts for the other 82 percent: eating and drinking; talking with other passengers; grooming; reading; using your vehicle's navigation system; and, as mentioned before, adjusting your music. Sure, many states have laws prohibiting drivers from using cell phones while operating a car, but it would be outrageous to expect legislators to wrestle with the language for an "anti-CD changing statute," besides reckless driving charges can include some of those above mentioned distractors. Thus, it is extremely important for all drivers to take it upon themselves to eliminate their own distracted driving practices. Doing so could make the difference between being responsible for a serious car accident, and avoiding certain collision.

'Distracted Doctoring' Allegedly Kills Two Elderly Patients

Wed, 25 Apr 2012 16:24:34 -0500

Your Charleston medical malpractice attorneys at Howell and Christmas, LLC recently read about a case in which a doctor is alleged to have prescribed ten times the normal dose of morphine to two elderly patients (aged 78 and 86) while he surfed the internet. The alleged drug overdose killed both of the patients at a home for Alzheimer's and dementia. Prosecutors are claiming that the drug was inappropriate for the patients' individual circumstances; reportedly the elderly patients were suffering from a number of health problems, including painful ulcers. Further, analysis of the records at the facility revealed that before handling the prescriptions the physician had not looked at the patients' records and was surfing the internet; using the practice computer for personal banking and emails, accessing news, and checking cricket results from India.

Prosecutors assert that the physician failed to carry out a clinical assessment of either of the two now deceased patients, as well as failed to adhere to guidelines for administering pain relief to elderly patients. For these alleged failures, the physician has been charged with manslaughter by gross negligence. The nursing staff and pharmacist, according to the prosecution, however, share the burden of responsibility in this pair of fatal medical errors. The nurses who administered the doses to the elderly patients did not question the accuracy of the prescription, and, equally, the pharmacist who filled the morphine prescription did not inquire as to the appropriateness of the prescription's concentration.

In court, the patients' family members spoke of their shock upon seeing their relatives after the alleged medical error, describing their loved ones in an obvious drug-induced state. The stepdaughter of the 86-year-old patient stated: "I was shocked at his appearance. I could see what looked like a little shrunken head with his mouth wide open and his eyes slammed shut. A nurse said he had been given some morphine the day before," according to reports.

A recent New York Times article explains that hospitals and doctors' offices, in an effort to reduce the frequency of medical errors, have invested heavily to put computers, smartphones, and other devices such as tablets into the hands of medical staff. The idea is that these devices will allow hospital staff and physicians instant access to patient data, drug and prescription information, and case studies. But like many cures, however, this technology-based "solution" comes with an unintended side effect: doctors, nurses, pharmacists, and other medical staff can be focused on an electronic device's screen and not the patient, even at times of critical care.

Verdict Returned in Favor of Woman Who Suffered Brain Damage After Doctor Overprescribed Methadone

Mon, 16 Apr 2012 11:00:43 -0500

Over on the South Carolina Child Injury Lawyer Blog, your Charleston, SC lawyers at Howell and Christmas, LLC have been discussing pharmacy errors and resulting serious injuries and deaths from those errors. Recently your Charleston personal injury attorney read about a lawsuit in which a jury will decide if a woman is unable to work because she stopped breathing and suffered brain damage resulting from oxygen deprivation after a physician allegedly over prescribed methadone for pain or whether her injury stemmed from other medical conditions. The 59-year-old woman sued the physician three years ago and is seeking $2 million in damages.

The woman had worked for the Maine Department of Health and Human Services for 18 years when she decided to take a medical leave of absence in 2006 to deal with her chronic back pain. Around that time her primary care physician referred her to the defendant in this case. The defendant was using Prolotherapy to treat patients with chronic pain. The treatment included injections into the area around her spine that, according to the Prolotherapy website (www.prolotherapy.org), caused localized inflammation designed to promote “a wound healing cascade.” The defendant prescribed methadone for the pain resulting from the treatment on August 30, 2006.

According to reports, 48 hours later the woman’s fiancé awoke in the middle of the night realizing she had stopped breathing. He was able to revive her but the woman suffered brain damage that affected her ability to multitask and perform tasks that require a high level of brain functioning. The types of things jobs require, her medical malpractice attorney told the jury. He went on to tell jurors, “Before the brain injury, she was the caretaker in the family. Now she needs taking care of.”

Two Serious Motorcycle Accidents in South Carolina Within the Last Week

Wed, 11 Apr 2012 13:17:09 -0500

In yesterday's Post and Courier, your Charleston personal injury attorneys came across a report detailing a tractor-trailer accident in North Charleston that killed a motorcyclist, and resulted in the arrest of the truck driver for reckless homicide. Police say the 47-year-old truck driver pulled out in front of the motorcyclist on Remount Road west of Virginia Avenue. The fatal accident was reported at about 7:30 a.m. Monday morning.

After the collision the 44-year-old motorcyclist was taken to Medical University Hospital in critical condition, but according to the Charleston County Deputy Coroner, the 44-year-old died at the hospital from the serious injuries sustained in the accident. According to reports, the motorcyclist was wearing a helmet at the time of the collision.

Under the South Carolina Code of Laws, if a driver "does any act forbidden by law in the driving of a motor vehicle, which proximately causes the death of another person," then that driver is "guilty of the misdemeanor offense of vehicular homicide." The truck driver in the accident appeared in bond court yesterday and his bond was set at $50,000 by a Charleston County magistrate. If convicted the truck driver faces a fine of up to $5,000, a 10-year prison sentence, and a five-year suspension of his driver's license.

Around Charleston and Across the Palmetto State

Wed, 04 Apr 2012 11:20:17 -0500

Thanks to the Post and Courier, the South's Oldest Daily Newspaper, your Charleston personal injury lawyers have been made aware that April is National Sexual Assault Awareness Month. And in an effort to educate, prevent, and treat victims of sexual assault, officials with the South Carolina Coalition Against Domestic Violence and Sexual Assault held a press conference yesterday morning to talk about the offerings at sexual assault centers across the Palmetto State. The press conference was held at the South Carolina Statehouse in Columbia.

In other South Carolina news, an 84-year-old Charleston man has been charged with felony driving under the influence (DUI) after his Saturn Vue struck a stopped motorcycle in West Ashley. The 29-year-old motorcyclist suffered serious bodily harm in the accident, thus warranting the felony DUI charge against the elderly driver of the SUV. According to reports, the auto accident occurred around 11:00 p.m. at the intersection of the Glenn McConnell Parkway and Magwood Drive. Reportedly, the elderly driver had a green arrow to travel northbound on the Parkway from Magwood, but turned southbound into oncoming traffic, hitting the parked 29-year-old on his Honda motorcycle. He was transported to Medical University Hospital with several pelvic fractures and in serious condition. The elderly man, according to the incident report, was uninjured in the drunk driving accident with a blood-alcohol level of 0.13. He is currently jailed at the Charleston County Detention Center.

Yesterday evening, while directing evening traffic on Folly Road near Grimball Road, one of Charleston's Finest was struck by a sport utility vehicle (SUV). Miraculously, the deputy sheriff was taken to Medical University Hospital with non-life-threatening injuries. Your Charleston personal injury attorney uses "miraculously" because one witness to the accident noted the high speed of the SUV and that the impact sounded like two vehicles had collided. According to reports, the accident is still under investigation and possible charges against the driver had not been disclosed.

Parents File Suit Against Bar Claiming Liability for Son's Death

Thu, 22 Mar 2012 14:52:35 -0500

According to a recent report in The Atlanta Journal-Constitution, the family of a young man killed by a waitress driving under the influence has filed a lawsuit against the Midtown Atlanta bar that employed her. Although the accident happened nearly two years ago, this suit bears an undeniable similarity to a lawsuit discussed last week by your Charleston personal injury lawyers. In that case, which is briefly updated toward the conclusion of this post, the decedent’s (or victim’s) father filed a wrongful death claim against the corporate owners of the restaurant that employed the drunk driver deemed responsible for the fatal car accident.

The lawsuit filed this week in Fulton State Court holds the Midtown Atlanta bar responsible for serving the waitress, among other employees, several free "shift shots" before allowing her to drive off the bar's property around 4:00 a.m. on June 19, 2010. Moments after leaving work, the waitress, who was 26 years-old at the time, ran a red light at West Peachtree and 17th Streets and slammed into a Ford Mustang being driven by a 24-year-old intern for the then Governor of Georgia. The young man, a University of Georgia graduate from Augusta, was assigned to be a designated driver for other interns celebrating the end of a six-month government fellowship the night of the drunk driving accident.

According to prosecutors in the waitress's criminal trial, her blood alcohol level was 0.229, just shy of three times the legal limit (0.08). In October 2011 the waitress pleaded guilty to driving under the influence (DUI) and wrongful death and was ordered to serve five years of 10-year prison sentence behind bars, serving the remainder on probation.

Jury Award in Pickens County Believed to be Largest to Date and General Medical Malpractice Considerations

Tue, 20 Mar 2012 13:33:04 -0500

Today your Charleston personal injury attorneys learned that a week ago last Friday, at the conclusion of weeklong medical malpractice trial, a jury awarded a widower $2.4 million whose wife died of complications from a gynecological surgery. According to the Pickens County Clerk of Court, the award is believed to be the largest verdict from a lawsuit in the County. For those who don't know, Pickens County is located in Upstate, South Carolina and is apart the Greenville-Mauldin-Easley Metropolitan Statistical Area.

The medical malpractice lawsuit stems from an October 2007 surgery in which attorneys for the Plaintiff (the aforementioned widower) argued that the treating surgeon perforated the deceased wife's bowel during the procedure and then delayed treatment of the problem, resulting in the wife's death on November 12, 2007 in Easley's Palmetto Health Baptist Hospital. Defendants' (surgeon and Easley Ob-Gyn Associated) lawyers contend that the bowel injury is a risk of the procedure performed on the deceased wife and, furthermore, argue that a timely diagnosis and treatment were provided once the problem was recognized. Plaintiff's lawyers expect the Defendants will appeal the verdict.

Reports do not indicate the specific kind of gynecological surgery that was being performed at the time of the bowel perforation. But according to Medicine Plus, a service of the United States National Library of Medicine, bowel perforation is hole that develops through the entire wall of the large bowel, is considered a medical emergency, and, as we have seen in the above case can be caused by surgery. With an opening in the bowel, the contents held therein are emptied into the abdominal cavity, frequently resulting in blood infection, which, if left untreated, can cause almost immediate death due to the inability of major organs and body systems to function properly. Surgery to treat the perforation is usually successful, but dependent upon the severity of the hole and the length of time to treatment.

Estate of DUI Accident Victim Sues Owner of Nationally Recognized Charleston Restaurant

Mon, 12 Mar 2012 11:26:24 -0500

Last week your Charleston personal injury lawyers read several articles concerning a wrongful death lawsuit stemming from a highly publicized fatal auto accident involving an employee of one of, until recent poor reviews, the most celebrated and honored fine eateries in America. The lawsuit is briefly covered below, along with a short description of a fatal work accident in Summerville.

The Neighborhood Dining Group, Inc., the restaurant development and management company that manages and oversees the day-to-day operations of Husk Restaurant, has been served a wrongful death lawsuit on behalf of the estate of a man killed in a December 17, 2011 auto accident involving an Assistant Manager from the restaurant. The lawsuit, filed in the Court of Common Pleas for the Ninth Judicial Circuit of South Carolina, alleges that The Neighborhood Dining Group, Inc., doing business as Husk, was negligent in allowing said Assistant Manager to consume free alcohol in excess on Husk premises after the restaurant was closed, and then drive under the influence. The suit seeks in an amount to be determined by the trier of fact or, more commonly, to be determined by a jury.

The fatal car accident occurred in the wee hours of the morning on December 17, 2011, around 4:00 a.m. as the Assistant Manager was attempting to go to Mt. Pleasant. While traveling north on the Arthur Ravenel Bridge the Assistant Manager Audi slammed into the rear of a Mustang driven by a 32-year-old man, also of Mt. Pleasant. The crash caused both vehicles to careen out of control, sending the Mustang into a concrete barrier. The Mustang then burst into flames with the driver trapped inside with, according to the lawsuit, "multiple body traumas," which led to his "excruciating" and unfortunate death.

Future of Wrongful Death Lawsuit Uncertain After Narrow Court of Appeals Decision

Fri, 02 Mar 2012 16:10:58 -0500

Your Charleston personal injury attorneys at Howell and Christmas, LLC found an interesting wrongful death case that alleges police owed a duty to protect the decedent's safety after his arrest and release from police custody. The polarizing lawsuit has made its way to the District Court of Appeals in Florida and raises questions about strict adherence of codified (or statutory) law and the interpretation of applicable common law principles. However, the judgments do not concern case resolution, rather the holdings discussed below determine whether the Plaintiff's (decedent's father) wrongful death claim meets the minimum threshold to establish a duty of care, a requirement needed for the suit to proceed.

In September 2007 a 24-year-old man was arrested by Boca Raton police for a number of traffic violations. After a night of heavy drinking the 24-year-old man, against the wishes of a family member, got into his truck and began driving erratically. Said family member, a cousin, followed him and called 911. Police took the man into custody, told his cousin to leave, arranged for his truck to be towed, and transported him to the police station. Police issued five traffic citations, none of which were for driving under the influence (DUI), and after calling the man a cab, released him from custody, still noticeably intoxicated. At 5:20 a.m. that morning (about an hour after his release) the man was laying next to railroad tracks a short distance from the police station. An approaching train struck and killed the man. At the time of his death, his blood alcohol level was .199; well over two-times the legal limit.

The man's father (Plaintiff) filed a wrongful death lawsuit against Boca Raton Police. As mentioned above, the suit claims police had a duty to protect Plaintiff's son's safety and not merely release him into the night. The suit was thrown out by the trial judge, a three-judge panel of the court ruled that Plaintiff could proceed with the suit; upon which the City of Boca Raton asked the full appeals court to review the panel's decision.

The Fourth District Court of Appeals in West Palm Beach, in a narrow six to five majority decision, ruled that police had no further responsibility for Plaintiff's son's safety after he stepped out of the police station door.

Recap and Updates in San Fran Baseball Fan Case as Dodgers Seek Buyer and Exit Bankruptcy

Wed, 29 Feb 2012 12:41:53 -0500

In May of this past year your lawyers in Charleston at Howell and Christmas, LLC posted several entries (found at the end of this post) covering a baseball fan that was nearly beaten to death after an attack by supporters of the opposing team. Now, a highly interesting legal twist has been added to the incident as the owner of the Los Angeles Dodgers looks to sell the team and exit bankruptcy by April 30, 2012.

To recap, a San Francisco Giants fan visiting Los Angeles for the opening day matchup with the Dodgers was attacked by hometown supporters after a narrow 2-1 Dodgers win. The beat down left the Giants' fan with a fractured skull and physicians were forced to put the man into a medically induced coma to prevent seizures. The man was hospitalized until October 2011, and then moved to a rehabilitation facility to continue his recovery. However, sadly, recovery for the fan can only be used in a very limited sense. He is wheelchair-bound and will require around the clock skilled nursing care for the rest of his life.

Also, and as a bit of good news, since the last post by your Charleston personal injury lawyers two men were arrested and charged with assault and mayhem for their alleged role in the attack. One of the men has been cited in the fan's lawsuit as having been involved in two other ballpark incidents that same day. Under California law, the charge of mayhem is a very serious allegation; involving serious injury to another person. Both men have pleaded not guilty, but, if found guilty, the men could serve eight to nine year terms in prison.

In May 2011 the man's family filed suit against the Dodgers Organization and its owner in California State Court, then filed the claim with the federal court in July, weeks after the owner put the team in bankruptcy.

Former NFL Players File Head Trauma Suits Against League

Tue, 14 Feb 2012 11:46:29 -0500

Being huge sports fans, your South Carolina injury attorneys at Howell and Christmas, LLC have posted numerous blog entries on various issues surrounding the sporting world. Despite its recent entry into the off season, the National Football League (NFL) remains a point of interest as College Stars ready themselves for the draft and questions about Peyton Manning's future attempt to be answered, but of most importance to your lawyers in Charleston is the growing number of head trauma lawsuits being filed by former NFL players against the League.

Last week a panel of judges ruled that the class-action lawsuits filed in New York, New Jersey, Florida, Georgia, and California will be consolidated in a federal court in Philadelphia, Pennsylvania. Hundreds of former players and their families have entered in these class-actions, alleging negligence and claiming the League didn't do enough to mitigate the risks of severe and potentially permanent head injuries for the players, particularly those resulting from repeated head trauma and concussions.

Within these lawsuits there are claims and accusations that the League has deliberately withheld information that is critical to player to player safety, and has failed to inform players that they risked severe and permanent brain damage by returning to the playing field too soon after sustaining concussions. The lawsuits claim that this failure to inform is the cause of the current injuries faced by former players. One plaintiff's claim goes as far to say that the League used a "hand-picked committee of physicians" to distort the effects of on-the-field head trauma, particularly concussions.

A majority of players represented in these lawsuits describe a range of common symptoms that include headaches, sleeplessness, dementia and severe memory loss, as well as depression. A recent study of 15 former NFL players, conducted at Boston University's Center for the Study of Traumatic Encephalopathy, found evidence of a condition called chronic traumatic encephalopathy in 14 of the former players. The condition is a dementia-like brain disease. According to the study, repeated concussions, sub-concussive blows to the head, or both, represented a causal link in the players suffering from the condition.

Recent South Carolina Trucking Accidents Provide Basis for Discussion of Industry as a Whole

Mon, 13 Feb 2012 12:10:16 -0500

Your Charleston, South Carolina attorneys at Howell and Christmas, LLC are all too familiar with the dangers 18-wheelers, semis, tractor-trailers, or whatever you like to call them present to drivers in smaller, everyday vehicles. The trucking industry is extremely valuable to our local economy; trucks are constantly moving goods from Charleston area ports to the interior of the Palmetto State and beyond. But as this industry continues to thrive and grow, accidents involving these behemoths of the road and everyday driver have become more and more common. In recent weeks there have been two serious car accidents involving semis and have caused a death, as well as send numerous people to the hospital.

First, a Walterboro driving his pickup along South Carolina Highway 311 near Cross, South Carolina collided with an 18-wheeler. The trucking accident happened some time ago (January 25, 2012), but the man remained alive at Medical University Hospital for nearly a week before passing on due to the serious injuries suffered as result from his crash with the 18-wheeler. The Post and Courier's brief report of the wreck noted that the South Carolina Highway Patrol's investigation into the incident is ongoing. Thus, there is no information as to which party, the 56-year-old Walterboro man or the unspecified truck driver, was at fault in the fatal accident.

While the first incident involved a man from Walterboro, this second tractor-trailer accident occurred near Walterboro, South Carolina. According to a Post and Courier report, an 18-wheeler caught fire struck two cars after they had collided on a bridge near mile marker 55 on Interstate 95. The collision caused the two vehicles to enter the path of the semi. After striking both vehicles the semi veered off the Interstate and into the median. Upon leaving the road the truck hit several trees, causing the refrigerated trailer containing fresh vegetable to rip open and spill onto the roadway. Additionally, the turn overturned and the cab caught fire.

Drunk Driver Sentenced in Charleston County and a Brief Overview of an 'Alford Plea'

Wed, 01 Feb 2012 12:41:32 -0500

Your lawyers in Charleston read that this past Monday a 23-year-old man was sentenced to ten years in prison after pleading guilty to one count of driving under the influence (DUI) and one count of reckless homicide. The man's sentence is suspended to three years of active time behind and will be given credit for nearly two years of house arrest. Once released, during his period of probation, the young man will not be allowed to touch alcohol. However devastating and life-altering this sentence will be, the real tragedy reveals itself in the events that brought the young man to court in the Charleston County Judicial Center.

According to the Charleston police incident report, the young man and his 21-year-old wife were speeding towards John's Island after a night out at Downtown Charleston bar in May 2010. En route the man lost control of the vehicle at the Stono River bridge. Reportedly, the late night accident occurred as the result of the man trying to pass a friend he was racing in another vehicle. Charleston police found the car overturned on the bridge and subsequent investigations determined that the vehicle was traveling 70 mph in a 45 mph zone. The drunk driving accident took the life of the 21-year-old woman. She was pronounced dead at the scene. Her 23-year-old husband was left with a head injury in the form of a fractured skull. The driver said he had no recollection of the accident when he woke up in the hospital the next morning.

Because the man (defendant) could not remember anything about the accident he entered what is called an "Alford Plea," which was allowed by the Circuit Judge because the defendant's inability to remember the accident the Alford definition.