Judge Orders Jake’s Bar to Disclose Settlement Amount in Deadly Drunk Driving Case
COLUMBIA, S.C. — A state judge has ruled that Jake’s bar in Five Points must disclose the settlement amount in a wrongful death case involving a drunk driver who had been at the Columbia bar before a deadly 2021 crash.
Judge Rejects Effort to Seal Payout
On Friday, Judge Thomas “Billy” McGee denied a request by Jake’s attorneys to keep the payout confidential, siding with arguments from The State Media Co. that sealing the settlement would violate South Carolina’s open courts provisions.
During a 40-minute hearing, McGee said lawyers for Jake’s could add language to the settlement explaining why the payout was much larger than previous cases but stressed that transparency must be maintained.
Background of the Case
The case stems from the June 10, 2021, death of Charles Kennedy, who was killed in Greenwood when his car was struck head-on by Jonathan Titus, a drummer who had performed at Jake’s earlier that evening.
Kennedy’s family alleged Titus was “grossly overserved alcohol” at Jake’s before the crash. Attorneys for the bar argued that Titus left Jake’s about five hours before the wreck and consumed more alcohol — along with drugs including cocaine and marijuana — after leaving.
Insurance Dispute at the Center
Jake’s attorney, John T. Lay, said the size of the settlement reflected insurance issues rather than the bar’s actions. He pointed to allegations of bad faith by an insurance carrier and failures by its third-party administrator in handling claims.
In a statement, Lay said Jake’s was prepared to fight the case but opted for settlement due to the complex insurance disputes and the state’s dram shop liability laws.
Public’s Right to Know
Attorney Jay Bender, representing The State newspaper, argued that shielding the settlement would protect an insurance company from embarrassment and deny the public vital information.
Judge McGee suggested Jake’s include narrative context in the settlement instead of sealing the payout, saying:
“Can’t you essentially have a narrative of why it’s so much more than the other public settlements of similar cases? Isn’t there a way short of sealing it?”
The final settlement amount has not yet been disclosed but will become public once the agreement is finalized.
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