Legal Question in Personal Injury in Virginia

On vacation we our car was hit by a golf cart at a Pilot Gas Station in Florence SC. The Gold Cart brakes were going out (as stated by the driver of the cart who said he had told the General manager and confirmed (in writing) by the General Manager who said that a service call had been made. The damage to our car was just at $1000 which our insurance paid and is going to recover. My question: Is this considered negligence on the part of the Pilot Gasoline Company? Not only did we incur needless damage to our car, but our vacation was thrown off course, we lost tourist time in Savannah and in general had a damper put on the vacation. Also,we had to leave FL early on our last day at the resort, to drive to Columbia and pick up our car at the dealership before it closed for the weekend (it was a 6.5 hour drive). I think that the management of the company knowingly put us and the driver (their employee) as well as other customers at risk by allowing the cart to be driven with a known brake problem. I believe this is wrong and the station should be sanctioned. I also think that in addition to the repair and rental they should compensate us something for the aggravation and loss of vacation time they caused us. Can you give me any insight? Thank you.


Asked on 5/11/11, 5:26 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

If the golf cart driver was working for the gas station, especially on company business, the company is definitely responsible, although unfortunately your case would be covered by South Carolina law. You would have to get a final opinion from a South Carolina attorney. Whatever you have lost, if you can measure it in dollar terms, and can prove it, you should be able to recover. But I am not licensed in South Carolina. So you should post your question for a South Carolina attorney, because it hapepend there.

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Answered on 7/14/11, 8:14 am


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