Wrongful death suit filed by estate of Lowcountry shrimper hit by truck

Charleston County News

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MOUNT PLEASANT, S.C. (WCBD) – The family of a well-known Lowcountry shrimper who was hit by a truck while crossing Coleman Boulevard has filed a wrongful death suit against the driver as well as the company for which the driver worked.

Wayne Magwood was hit by a gas truck September 11, 2020 while crossing Coleman Boulevard. His estate is naming the driver, Terry Davis, as well as the entities Amerigas Partners LP, Amerigas Propane, LP d/b/a Blue Flame Gas, Americas Propane, Inc., and UGI Corporation.

The suit states that Magwood was attempting to cross Coleman Boulevard at Mill Street. He waited for the the signal to indicate he could walk and “was lawfully following the traffic signals and was acting in a reasonably prudent and careful manner at all times.”

While Magwood was crossing, Davis was making a left-hand turn onto Coleman Boulevard from Mill Street. According to the suit, Davis “was not paying attention to the roadway and consequently failed to yield the right of way to Mr. Magwood.”

The plaintiffs claim that Davis had a history of dangerous driving, which his employer should have known about.

It also claims that “the defendants, their agents, servants, employees, and/or subcontractors were negligent, negligent per se, grossly negligent, careless, reckless, willful, and wanton in failing to adhere to the statutory and common laws of the State of South Carolina in the following particulars including, but not limited to:”

  • Driving a motor vehicle in such a manner as to indicate a willful, wanton, reckless, grossly negligent and negligent disregard for the safety of others, in violation of S.C. Code Ann. § 56-5-2920;
  • Driving a motor vehicle in such a manner as to indicate a willful, wanton, reckless, grossly negligent and negligent disregard for the safety of pedestrians, in violation of S.C. Code Ann. § 56-5-3230;
  • Speeding and traveling too fast for conditions;
  • Failing to maintain a proper lookout;
  • Failure to maintain a proper lookout for pedestrians;
  • Failure to yield to a pedestrian;
  • Failure to yield the right of way;
  • Failure to apply his brakes;
  • Negligent training of its employees;
  • Negligent supervision of its employees;
  • Negligent hiring of its employees;
  • Failing to use the degree of care and caution that a reasonable person would have used under the circumstances then and there prevailing;
  • Failing to keep the motor vehicle he was operating under control;
  • Failing to maneuver to avoid an accident; and
  • In such other and further particulars as the evidence at trial may show

The estate is calling for a jury trial and seeking “actual and punitive damages in an amount to be determined by the jury,” as well as “for such other and further relief as this Court deems just and proper.”

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