Trial Magazine

The Does, both teenage girls, and their minor friend, were using a utility terrain vehicle (UTV) owned by the friend’s parent. All three were unrestrained when the UTV rolled over, and the Does were ejected from the vehicle. One of the Does died in the incident and is survived by her family, including her developmentally disabled twin brother, for whom she was a primary caretaker. The other Doe suffered orthopedic injuries and PTSD.

The injured Doe and the other Doe’s estate sued the UTV’s minor operator, her parents, and the limited liability company that owned the property and the UTV, alleging negligence, negligent entrustment, and negligent supervision. The plaintiffs argued that an ATV safety act, known as Chandler’s Law, applied and prohibited children under 16 without driver’s licenses from operating a UTV with passengers on board.

The parties settled for $10 million, including $7.5 million to the estate and $2.5 million to the surviving Doe.

Citation: Doe v. Roe, Confidential Dkt. No. (Confidential Jxn. & Ct. Aug. 2022).

Plaintiff counsel: AAJ members Douglas E. Jennings and John J. Dodds IV, both of Charleston, S.C.; AAJ member John E. Fulda, Cheryl Perkins, AAJ member Charles Whetstone, and Amanda Shuler, all of Columbia, S.C.; and AAJ member Ronnie A. Sabb, Kingstree, S.C.