Five Points bar Jake’s wants secrecy in latest drunk driving death case

Five Points bar Jake’s of Columbia, which has a history of defending lawsuits that allege its overserving of alcohol has caused drunk driving deaths and injuries, is trying to keep secret the settlement in its latest drunk driving death lawsuit.

A secrecy motion by Jake’s lawyers is scheduled to be heard at noon Friday, Sept. 5, before state Judge Thomas William McGee III in a virtual session.

The State newspaper, represented by attorney Jay Bender, is opposing the effort. Bender is expected to argue that Jake’s has a history of lawsuits that allege dangerous overserving of customers by the bar’s waiters, and information about this latest settlement is in the public’s interest.

In the case before Judge McGee, the estate of Charles Kennedy alleged in a lawsuit that Jake’s “grossly negligent and reckless conduct... caused a deadly motor vehicle crash in Greenwood, S.C., on June 10, 2021.”

A car driven by Kennedy, who worked for the state Transportation Department, was hit by a car driven by Jonathan Titus, who had been “grossly overserved alchohol” at Jake’s on Devine Street, according to Kennedy’s lawsuit. Titus’ car left its lane and hit Kennedy’s head-on, the lawsuit said.

Jake’s “negligent, grossly negligent, and reckless actions leading up to the fatal collision were all substantial factors that caused or contributed to” Kennedy’s death, the lawsuit alleged.

In a filing urging Judge McGee to seal the settlement and keep the public from knowing how much Jake’s is paying out, Jake’s lawyers argue that “Jake’s would suffer extensive public scorn and potential damage fueled by the misapprehension that the settlement amount was solely the result of its negligence, rather than the result of actions wholly unrelated to the underlying facts of the accident, including insurance matters and other unique issues at play.”

Jake’s lawyers also wrote, “The public interest is best served by sealing the settlement documents as it preserves the sanctity of the civil justice system and prevents the public from misapprehending the nature of the settlement. Importantly, sealing does not adversely affect public health and safety.”

In a motion arguing for openness, Bender told Judge McGee that under the state Constitution, all courts are required to be open.

Jake’s argument that opening the record would confuse the public “is endorsing ignorance and must be rejected as a justification to overcome the presumption of access,” Bender wrote.

The settlement is also a matter of high public interest, wrote Bender. “Impaired driving is a near daily subject of news coverage in this country, and the liability of those serving alcohol and insurance coverage for those entities has been debated and discussed in the General Assembly and covered extensively in news reports. Liability for dram shops and insurance coverage available for dramshops is clearly a matter of public significance.”

Bender also wrote, “One of the purposes of civil litigation is to bring about a change in conduct for parties causing harm. Jake’s does not appear to have modified its conduct. Secrecy will do nothing to cause Jake’s to follow the law.”

Court records show examples of Jake’s past settlements in alleged overserving cases:

• In 2012, Holt Carlen, son of former University of South Carolina football coach Jim Carlen, ran over and killed 24-year-old Justin Timmerman. Allegations in a lawsuit said Jake’s had served Carlen multiple alchoholic drinks while he was “obviously intoxicated.” Jake’s paid $975,000 but admitted no fault.
• A 2023 lawsuit filed in Richland County state court by Marian Belk alleged that a car driven by an intoxicated woman who had become inebriated at Jake’s and then, while driving, rear-ended the vehicle driven by Belk. When the woman struck Belk’s car on I-26, the collision totalled Belk’s car and injured her severely, her lawsuit said. Belk suffered numerous physical injuries, could not work and has permanent impairment to her body, her lawsuit said. Court records said the lawsuit was dismissed, but did not disclose the size of any settlement.
• In 2023, Jake’s paid $875,000 to settle a lawsuit in the death of Everado Galarza, whose car was struck by a vehicle driven by a man who had become drunk at Jake’s left the bar and started driving on Garners Ferry Road. Jake’s admitted no liability in the matter, court records said.

Jake’s lawyers are Joe McCulloch, Kathy Schillaci, Kathy Carlsten and Kirkley White.

This story was originally published September 5, 2025 at 5:15 AM.