Executive Summary
- The estate of Todd Homicki filed a wrongful death lawsuit against a Charleston restaurant and an underage driver.
- The suit alleges the driver was served alcohol without ID checks before driving up to 94 mph in a 35 mph zone.
- Driver Angelyna-Cora Patricia Coleman has pleaded guilty to reckless homicide regarding the 2023 crash.
- The plaintiffs are seeking actual and punitive damages for alleged negligence and strict liability.
The estate of a pedestrian killed in a 2023 traffic collision has filed a wrongful death lawsuit alleging that a downtown Charleston restaurant illegally served alcohol to an underage driver shortly before the fatal incident. The civil complaint, filed in Charleston County, targets the driver, the dining establishment, and a server, claiming that negligence in service contributed to the death of Todd Homicki.
According to court documents filed by Debra Homicki, the personal representative of the estate, the lawsuit names Angelyna-Cora Patricia Coleman, Taco Boy Dos LLC, All Good Industries LLC, and server Clara Morse as defendants. The plaintiffs allege that Coleman, who was under the legal drinking age of 21 at the time, was served a hibiscus margarita and a Long Island iced tea at the Taco Boy location on Huger Street without being asked to produce identification.
The lawsuit details the events of February 19, 2023, stating that after leaving the restaurant, Coleman drove through West Ashley at speeds estimated between 87 and 94 mph in a 35 mph zone. Investigators reported that the vehicle struck Todd Homicki in a crosswalk near the intersection of Savannah Highway and Magnolia Road. Homicki was pronounced dead at the scene.
The complaint asserts that an expert witness estimated Coleman’s blood alcohol concentration was between .048% and .085% at the time of the crash. Coleman has since pleaded guilty to reckless homicide in connection with the incident. The civil suit seeks actual and punitive damages for negligence, gross negligence, and strict liability.
It is important to note that while the driver has entered a plea in criminal court, the allegations of civil liability against the restaurant and server remain to be proven in a court of law, and all civil defendants are presumed not liable until a judgment is rendered.
Civil Liability and Public Safety
This lawsuit highlights the critical legal responsibilities placed on hospitality venues regarding the service of alcohol, particularly to minors. In South Carolina, liability can extend to establishments if it is proven they knowingly served an underage patron or an intoxicated individual who subsequently caused harm. The outcome of this case may reinforce strict adherence to identification protocols within the local food and beverage industry, emphasizing that procedural failures can result in severe legal and financial consequences alongside criminal proceedings for the individuals involved.
