The state Supreme Court has overturned a $27 million judgment awarded to a Denmark man who was paralyzed during a car accident in April 2000.

Texaco, Inc. and Anderson Oil Company are not liable for the injuries Louis M. Jamison sustained in the accident, the court decided. The court also said the Mini Mart in Denmark should get a new trial.

Attorneys for Louis M. Jamison claimed the convenience store sold alcohol to his underage cousin, 19, who died in the accident. According to court documents, the cousin allegedly became intoxicated from beer he bought from the station and was driving during the one-car accident that led to Jamison, who was then 17, becoming a quadriplegic.

A Blackville male also died just hours after the crash. Two other men were hospitalized.

The court ruled on Sept. 21 that Texaco and Anderson, a company that provides gas to Texaco stations, didn't control Mini Mart's day-to-day operations, including whether the station sold alcohol.

Charleston attorney Bobby Hood, the lead counsel for Texaco, says the decision stopped a dangerous precedent from being established in the Palmetto State. Had the court upheld the April 2006 verdict against Texaco, Hood believes franchises would be reluctant to do business here because of the higher liability standards.

"That kind of business relationship just can't work," he said. "It's an important case."

Hood said the decision puts South Carolina in step with most other states with regard to franchise liability.

Hood said the case drew concern from across the nation. Law firms in Washington, New York and Houston submitted briefs to the court.

Richard Rosen, Jamison's lead attorney, said, "This was a terrible tragedy. We will ask the court to reconsider its decision."

The justices decided the case against Mini Mart should go back to trial because results from a blood sample deemed unreliable were discussed during the trial.

The sample was taken at Richland Memorial Hospital prior to the driver's death. However, that sample wasn't tested for alcohol there, according to court documents. It was turned over to Richland County Coroner's Office two days after the accident. The State Law Enforcement Division received and tested the sample a day later at the request of an officer investigating the case.

The SLED test found the driver's blood alcohol level to be 0.168, more than double the legal limit.

During the trial, an expert witness estimated the driver's blood alcohol level was 0.193 when he crashed based on the SLED findings.

Justices said the fact that multiple agencies handled the sample brought its reliability into question. They also believed the witness's inadmissible testimony likely influenced the jury to side with Jamison.

The court also ruled against dismissing Mini Mart part-owner John Morris from the case. Morris contended his son, Kevin, had brought out his shares of the station in 1992. But justices noted his attorneys didn't bring that up at the original trial, which rendered that assertion useless for the appeal.

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T&D Staff Writer Lee Tant can be reached by e-mail at ltant@timesanddemocrat.com or by phone at 803-534-1060. Discuss this and other stories online at TheTandD.com.

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