Another unfortunate story about drinking and driving. While intoxicated after working his restaurant shift, an assistant manager crashed into another vehicle, killing the other driver. The family of the deceased driver is suing the restaurant for allowing the employee drink there past the legal bar closing time of 2AM. The drunk driver, however, is not named as a defendant.
Although South Carolina did not enact a dram shop law, it does not preclude a third party from bringing a cause of action. Should the restaurant, Husk, be vicariously liable for the actions of its assistant manager, who must have known that it was illegal to serve and consume alcohol after 2AM?
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