1 Complaint
1 Complaint
Plaintiff,
vs.
The Plaintiff, Obedia Carreno Santibanez, as Executor of the Estate of Everardo Galarza
and on Behalf of the Statutory Beneficiaries (hereinafter styled “Ms. Santibanez”), brings this
Complaint against Joshua Collins (hereinafter styled “Defendant Collins”) and Jake’s of
1. Everardo Galarza (“Mr. Galarza”) died while a resident of Wayne County, North Carolina
2. The Wayne County, North Carolina Superior Court appointed Mr. Galarza’s mother, Ms.
3. Ms. Santibanez brings this action in her fiduciary capacity as Executor of the Estate by
virtue of the authority and provisions of sections 15-5-90 et seq. and 15-51-10 et seq. of
4. The parties, subject matter, and all matters and things hereinafter alleged are within this
Court’s jurisdiction.
1
3:23-cv-02483-MGL Date Filed 06/05/23 Entry Number 1 Page 2 of 8
5. At all times relevant to this action, Mr. Galarza and Ms. Santibanez were residents of
6. At all times relevant to this action, Defendant Collins was a resident of South Carolina.
7. Defendant Jake’s is a domestic corporation organized and existing under the laws of the
State of South Carolina, and conducts business as a bar named Jake’s of Columbia located
8. At all times relevant to this action, persons acting on behalf of Defendant Jake’s were acting
individually and as agents, servants, and/or employees, and within the scope of their agency
9. At all times relevant to this action, Defendant Jake’s is liable for the acts and/or omissions
of its agents, servants, and/or employees within the scope of their agency and/or
10. Defendants are jointly and severally liable for the acts and/or omissions that were
committed and alleged in this Complaint, and the damages sought, pursuant to section 15-
11. The collision giving rise to this Complaint occurred on July 23, 2022, at approximately
12. Venue is proper in this Court, as the most substantial act and/or omission giving rise to this
13. Upon information and belief, prior to July 23, 2022, Defendant Jake’s had applied for and
received its permit authorizing the sale of beer, wine, liquor, or other alcoholic beverages.
14. Upon information and belief, on or about July 22 and 23, 2022, Defendant Jake’s was
serving and selling alcoholic beverages to invitees and patrons at its bar.
2
3:23-cv-02483-MGL Date Filed 06/05/23 Entry Number 1 Page 3 of 8
15. Upon information and belief, on the night of July 22, 2022 and into the morning hours of
July 23, 2022, Defendant Collins consumed alcoholic beverages as a patron at Defendant
Jake’s.
16. The amount of alcohol Defendant Jake’s served and sold Defendant Collins during the
17. Defendant Jake’s continued to serve Defendant Collins alcohol when it knew or should
18. Defendant Collins then chose to get behind the wheel and drive a car while under the
influence of alcohol.
19. While intoxicated, Defendant Collins drove the car on the wrong side of the road down
20. Defendant Collins drove the car eastward in the westbound lanes of Garners Ferry Road.
21. At the same time, Mr. Galarza was driving in the proper direction (westward) in the
22. At approximately 4:00 a.m., while driving on the wrong side of the road and under the
influence of the alcohol he was served at Defendant Jake’s, Defendant Collins collided
23. The crash demolished the front end and driver’s side of Mr. Galarza’s vehicle. (See Plf
24. When Defendant Collins’ blood was drawn, his blood alcohol level was .135, which is
more than 1 ½ times the legal limit. (See Plf Exhibit 2: Toxicology).
25. Upon information and belief, Defendant Collins’ blood alcohol level was even higher at
3
3:23-cv-02483-MGL Date Filed 06/05/23 Entry Number 1 Page 4 of 8
26. Mr. Galarza was only 23 years old at the time of the collision.
27. As a result of the collision with Defendant Collins, Mr. Galarza suffered and died, leading
to Survival and Wrongful Death damages recoverable by the Estate and the statutory
e. Loss of companionship;
f. Loss of affection;
g. and such other damages as may be found during discovery and trial.
28. There is diversity of citizenship amongst the parties, as Plaintiff is a citizen of North
Carolina (as was Everardo Galarza) and Defendants are citizens of South Carolina.
29. The amount in controversy - based on the combined actual and punitive damages arising
from the Survival and Wrongful Death causes of action - greatly exceeds $75,000.00.
30. Accordingly, this Court has subject matter jurisdiction under 28 U.S.C. § 1332.
31. Ms. Santibanez incorporates all allegations of the preceding paragraphs into this cause of
action.
32. Ms. Santibanez is informed and believes Defendant Jake’s was negligent, willful, reckless,
grossly negligent, and/or committed negligence per se in at least one of the following ways:
4
3:23-cv-02483-MGL Date Filed 06/05/23 Entry Number 1 Page 5 of 8
intoxication;
intoxicated from the alcohol it sold to him from operating a motor vehicle upon
community;
j. Choosing to breach the standard of care in the service and/or sale of alcoholic
beverages to invitees and patrons by a business via its agents, servants, and/or
employees;
k. Choosing to breach its duty to third parties and the public at large, including
5
3:23-cv-02483-MGL Date Filed 06/05/23 Entry Number 1 Page 6 of 8
l. Choosing not to use the care and caution a reasonably prudent business would
33. The above-referenced statutes have the essential purpose of protecting a class of persons
34. Mr. Galarza is a member of the class of persons the above-referenced statutes are intended
to protect.
35. As a foreseeable, direct, and proximate cause of Defendant Jake’s aforesaid acts and/or
omissions, including its statutory violations, which constitute negligence per se, Mr.
36. Plaintiff is entitled to a judgment against Defendant Jake’s for the above-mentioned actual
damages to Mr. Galarza, occurring prior to his death, under sections 15-5-90 et seq. of the
South Carolina Code, and for punitive damages in an amount to be determined by the jury.
37. Ms. Santibanez incorporates all allegations of the preceding paragraphs into this cause of
action.
38. Ms. Santibanez is informed and believes Defendant Collins was negligent, willful, reckless,
grossly negligent, and/or committed negligence per se in at least one of the following ways:
a. Choosing to drive a vehicle while under the influence of alcohol to the extent he
c. Choosing not to use the degree of care and caution that a reasonably prudent person
6
3:23-cv-02483-MGL Date Filed 06/05/23 Entry Number 1 Page 7 of 8
39. The above-referenced statutes have the essential purpose of protecting a class of persons
40. Mr. Galarza is a member of the class of persons these statutes are intended to protect.
41. As a foreseeable, direct, and proximate cause of Defendant Collins’ aforesaid acts and/or
omissions, including his statutory violations, which constitute negligence per se, Mr.
42. Plaintiff is entitled to a judgment against Defendant Collins for the above-mentioned actual
damages to Mr. Galarza, occurring prior to his death, under sections 15-5-90 et seq. of the
South Carolina Code, and for punitive damages in an amount to be determined by the jury.
43. Ms. Santibanez incorporates all allegations of the preceding paragraphs into this cause of
action.
44. Defendants’ aforesaid acts and/or omissions are the direct and proximate cause of Mr.
45. By reason and in consequence of Defendants’ aforesaid acts and/or omissions, the statutory
46. Plaintiff is entitled to judgment against Defendants for actual damages sustained by the
statutory beneficiaries in relation to Mr. Galarza’s wrongful death, and for punitive damages
WHEREFORE Plaintiff prays for judgment against Defendants for actual and punitive
damages in an amount to be determined by the jury, for the costs of this action, and for such further
7
3:23-cv-02483-MGL Date Filed 06/05/23 Entry Number 1 Page 8 of 8
s/ Kenneth Berger
Kenneth E. Berger | [email protected]
Federal ID # 11083
Janek Kazmierski | [email protected]
Federal ID # 12876
Law Office of Kenneth E. Berger, LLC
5205 Forest Drive
Columbia, SC 29206
Phone: (803) 790-2800
AND
June 5, 2023
Columbia, South Carolina