Social Media Influencer Sued for Wrongful Death After Car Crash
The family of a ride-share driver has filed a personal injury wrongful death lawsuit against a social media influencer who collided head-on with his vehicle in a Fourth of July crash in Malibu. The family alleges that the social media influence was “severely intoxicated and impaired” at the time of the accident.
Authorities say that Summer Wheaton was driving a 2019 Mercedes-Benz when the vehicle crossed the center median on Pacific Coast Highway and crashed into a 2020 Cadillac. Wheaton, a social media influencer, who describes herself as a “wellness advocate,” attended a Fourth of July party at Nobu before the crash. The lawsuit accuses her of driving under the influence of “intoxicating substances.”
The lawsuit was filed on December 3 by the family of the ride-share driver who was killed in the crash. No criminal charges have been filed against Wheaton for the crash. Los Angeles County Sheriff’s Sgt. James Arens said the case is still under investigation, and detectives are working with the Los Angeles County District Attorney’s office to consider possible charges.
In addition to Wheaton, the lawsuit also names Nobu Malibu, the Hwood Group LLC and DBDJ LLC as defendants in the case. The family alleges that Wheaton was hired to attend the party along PCH and was “expected to consume intoxicants,” according to the lawsuit.
An attorney representing Nobu said that Wheaton was not hired or contracted by the restaurant. Neither of the other named defendants responded to requests for comment. Hwood Group regularly hosts a Fourth of July party at Nobu Malibu.
Can you sue a bar or restaurant over a drunk driving incident?
California’s Dram Shop Act generally protects bars and restaurants from liability stemming from the conduct of a drunk driver. There are, however, some exceptions. If the bar or restaurant serves a minor, they can be held liable if someone under the age of 21 causes an injury. A bar or restaurant can also be held liable when a fight breaks out between patrons who were served excessive amounts of alcohol. Lastly, a bar or restaurant may be held liable if they serve a patron who is “visibly intoxicated.”
Ultimately, the plaintiffs would have to prove that Nobu overserved the defendant alcohol when they knew she was visibly intoxicated. The law generally holds that the driver is responsible for their conduct and not the bar. In other words, the driver’s decision to drink and drive is the root cause of the conduct, not the bar’s decision to serve the patron. Because only a few exceptions apply, filing these types of cases can be very complex and require substantial evidence to prove the case.
Talk to an Oakland, CA Car Accident Attorney Today
The Oakland car accident attorneys at Venardi Zurada represent the interests of plaintiffs in lawsuits against negligent drivers. We serve the Bay Area from our office locations in Oakland and Walnut Creek. Call our office today to schedule an appointment, and we can begin investigating your case right away.
Source:
latimes.com/california/story/2024-12-20/social-media-influencer-sued-for-wrongful-death-in-malibu-fourth-of-july-crash