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Thread: Another passenger in at fault boat sues Dyer

  1. #1
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    Default Another passenger in at fault boat sues Dyer

    CRIME & COURTS
    JULY 10, 2017 12:32 PM

    Midlands auto dealer sued by another victim in fatal Lake Murray boat crash

    BY TEDDY KULMALA
    tkulmala@thestate.com

    RICHLAND COUNTY, SC
    The family of one of the two men killed in an April boat crash on Lake Murray has filed a lawsuit against the surviving driver, who was cleared by investigators.

    David Bruce Dyer, president of Dick Dyer Toyota, is accused in the suit of carelessness, negligence and recklessness.

    West Columbia attorney Jahue Moore Jr. filed the suit Thursday in Richland County court on behalf of Christy Gray Lanier and Connie Elizabeth Lanier, whose son Shawn Lanier died in the April 21 crash that also killed his friend, Danny Phillips.

    Dyer was driving a powerboat that fatally collided with Phillips’ bass boat, in which Lanier was a passenger. A third person on the bass boat and two people on Dyer’s boat were injured. The third passenger on Phillips’ boat, Ashley Wannamaker, filed a suit against Dyer about a week after the crash.

    Investigators with the S.C. Department of Natural Resources determined Phillips was at fault in the crash and determined Dyer, 56, should not be charged. Dyer told officers he had consumed “a few beers over the course of five or six hours,” but officers conducted sobriety testing on Dyer and determined he was not impaired at the time of the collision about 11 p.m.

    Lanier’s family seeks damages to cover medical bills, funeral bills and the “significant loss of earning capacity and financial damage.”

    The suit alleges that in addition to speeding, driving while his abilities were impaired, failing to keep a proper lookout and failing to yield the right of way, Dyer did not help Lanier, Phillips or Wannamaker immediately after the crash.

    Additionally, the suit alleges that Dyer’s powerboat is owned by “a sham holding company and the alter ego” of Dyer. The boat ownership business, named BGIN NXS LLC, “has no legitimate business purpose and was simply created to shield liability,” the complaint reads.

    THIS IS A DEVELOPING STORY. CHECK BACK FOR UPDATES.

  2. #2
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    This will continue to be a terrible situation as long as the lawyers are involved.

    Nothing is bringing those boys back.

    This just looks bad.

    Side note: Isn't every "company" created to shield liability?
    "Freedom Isn't Free"
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    Quote Originally Posted by Dook View Post
    Go tigers!

  3. #3
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    That same lawyer would advise Dyer to own the boat in an LLC setup exclusively for the purpose of owning the boat and reducing personal liability. Failing to yield right of way. Give me a break
    cut\'em

  4. #4
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    I hope the judge punishes him for that quip...

  5. #5
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    What "right of way"?

    https://www.navcen.uscg.gov/?pageName=navRulesFAQ

    5. Who has the "right of way" on the water? The Navigation Rules convey a right-of-way only in one particular circumstance: to power-driven vessels proceeding downbound with a following current in narrow channels or fairways of the Great Lakes , Western Rivers, or other waters specified by regulation (Inland Rule 9(a)(ii)).

  6. #6
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    Quote Originally Posted by Southernduck View Post
    That same lawyer would advise Dyer to own the boat in an LLC setup exclusively for the purpose of owning the boat and reducing personal liability. Failing to yield right of way. Give me a break
    You are correct. The same lawyer would also add though: "you need to make sure you follow the corporate formalities, don't comingle your accounts, maintain enough liability insurance to cover potential debts, and make sure you have a yearly meeting." It is impossible to know whether Dyer did those types of things at this point. A lawyer has to plead "piercing the corporate veil" now because he its difficult to go back and amend a complaint if he finds out Dyer did not follow those formalities during the interim. I'm not making an opinion as to whether said lawyer can maintain a suit against Dyer. I am simply saying a person's assets are not protected simply by forming a single member LLC. The corporate formalities must be followed or the LLC/Corp veil is more likely to be pierced. I should also add piercing a corporate veil is extremely difficult even when corporate formalities are not followed.

  7. #7
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    The guy with the rich ass dad always has the right of way. It's in the rules and regs.

  8. #8
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    Maybe I'm missing something, but wasn't the smaller boat operator impaired by alcohol and weed? If so, then how is Dyer any way responsible?
    RIP Kelsey "Bigdawg" Cromer
    12-26-98 12-1-13

    If love could have saved you, you would have lived forever.

    Missing you my great friend.


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    Quote Originally Posted by LabLuvR View Post
    Maybe I'm missing something, but wasn't the smaller boat operator impaired by alcohol and weed? If so, then how is Dyer any way responsible?
    bigger boat...bigger wallet.

    win or lose, the lawyer gets paid.

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  10. #10
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    I wonder if they're trying to sue his insurance company for PLUP money, or going after his liability limits. Dyer might have just been named a defendant in the suit along with his insurance provider.

  11. #11
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    Quote Originally Posted by Jozie & Me View Post
    bigger boat...bigger wallet.

    win or lose, the lawyer gets paid.

    'MERIKA!
    Boom!
    The strongest reason for the people to retain the right to keep and bear arms is,
    as a last resort, to protect themselves against tyranny in government.

    Thomas Jefferson

  12. #12
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    Quote Originally Posted by CofC Waterfowler View Post
    I am simply saying a person's assets are not protected simply by forming a single member LLC. The corporate formalities must be followed or the LLC/Corp veil is more likely to be pierced. I should also add piercing a corporate veil is extremely difficult even when corporate formalities are not followed.
    So basically you still have a great deal of protection simply by forming the LLC and even more by treating and acting as a corporation. It is still appears a frivolous lawsuit as Dyer was found not at fault.
    Out of curiosity, what is the primary focus of your legal practice?
    cut\'em

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    Quote Originally Posted by Sportin' Woodies View Post
    The guy with the rich ass dad always has the right of way. It's in the rules and regs.
    Easy G
    Gettin old is for pussies! AND MY NEW TRUE people say like Capt. Tom >>>>>>>>>/
    "Wow, often imitated but never duplicated. No one can do it like the master. My hat is off to you DRDUCK!"

  14. #14
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    Quote Originally Posted by LabLuvR View Post
    Maybe I'm missing something, but wasn't the smaller boat operator impaired by alcohol and weed? If so, then how is Dyer any way responsible?
    My Man. Called money and lawyers I guess.
    Gettin old is for pussies! AND MY NEW TRUE people say like Capt. Tom >>>>>>>>>/
    "Wow, often imitated but never duplicated. No one can do it like the master. My hat is off to you DRDUCK!"

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