Suit Alleges Bar Overserved Motorcyclist Leading to Passenger’s Death

In August of 2015, Caitlin Clark, then 19 years old, died while a passenger on a motorcycle. Her father has filed suit against Tin Roof Acquisition Co. LLC for overserving alcohol to the motorcycle driver, who became “grossly intoxicated.”

James Gainey Jr., 20 years old, was drinking at the Tin Roof in South Carolina on the night of August 7, 2015. He continued drinking until around 1:00 a.m. on August 8, 2015. The suit alleges, “Gainey, despite being under the age of 21, was granted entrance into Tin Roof.” The suit went on to say, “Gainey consumed an excessive amount of alcohol while on the premises of Tin Roof, causing Gainey to become grossly intoxicated.” In South Carolina, it is against state law to serve alcohol to persons under 21. Around 1:00 a.m., Mr. Gainey left the bar to pick up Ms. Clark to go riding on his motorcycle. While driving at a high rate of speed, it is alleged Mr. Gainey lost control of his motorcycle, went off the road, and struck a fence. Ms. Clark was hurled off of the motorcycle and died of her injuries.

The suit claims due to the number of drinks Mr. Gainey consumed, the Tin Roof staff knew or should have known Mr. Gainey was intoxicated. Mr. Gainey was charged with a felony DUI. A grand jury indicted him for felony DUI causing death and reckless homicide. He pleaded not guilty. While awaiting trial, Mr. Gainey is currently out of jail on bond and is on house arrest. An electric monitor allows him to leave his father’s home for essential travel only.

When someone is injured or dies in a collision, financial recovery may be available. Such recovery is particularly important when permanent, life changing injuries are incurred. It is important to contact someone who understands the intricacies of the injured party’s right to recover.

Abraham Watkins offers a free consultation to anyone wishing to pursue a claim for such injuries or fatalities.