Nov 21, 2024
NORTH CHARLESTON, S.C. (WCBD) -- The city of North Charleston and the South Carolina Department of Transportation are at the center of a lawsuit regarding the death of a 20-year-old man two years ago. The man drove his car off a boat ramp in North Charleston and drowned in the water. Now, circumstances surrounding the situation are being called into question in a wrongful death suit filed at the beginning of November. The incident happened on Nov. 25, 2022. North Charleston police officers were called to a home off Flynn Drive around 4 a.m. after a person inside the house reported someone banging on the door. "There's a car in the grass in front of the house," a woman told the 911 operator that night. Police said they saw someone sitting in a Mercedes in the driveway, and when an officer approached, the person drove off. Surveillance video showed the car speeding down Flynn Drive. According to the police report, the vehicle drove into the water from a boat ramp at the end of the road and an officer continued on foot to that location. Police told News 2 at the time a man exited the vehicle and called for help. The report said officers attempted to get him to swim back toward the boat ramp but instead he appeared to be going toward a nearby dock. Officers claim they went to that dock to try and get him out but lost sight of him. Law enforcement eventually recovered the driver from the water. He was identified as 20-year-old Say'von Wright. The Mercedes that was also recovered from the water was reported as stolen. Now, almost two years later, Attorney Jerod Frazier has filed a wrongful death suit on behalf of Wright's mother. "We determined there were some letdowns and some breakdowns in the system that could have prevented this tragedy from happening," Frazier said. The lawsuit claims poor visibility at the end of Flynn Drive, along with the boat ramp being unmarked and unprotected contributed to Wright's death. The suit also accuses the city of North Charleston and the South Carolina Department of Transportation of failing to "properly mark, secure and warn of deadly conditions on the road and boat ramp." "There needs to be a flashing sign that says 'hey dead end,'' said Frazier. "There's a dead-end sign at the head of the road but it needs to say 'dead end' or 'boat ramp' -- something to significantly identify the danger ahead." The state of the Flynn Drive boat landing has been the center of concern for neighbors in the past. In 2019, a petition to revitalize the area was started and it has received over 600 signatures since. Then, in November 2023, the city of North Charleston's Finance Committee approved funding to rehabilitate the boat landing. News 2 asked city officials what -- if any -- work has been done. They declined to answer due to the pending litigation. Frazier said he believes if more steps had been taken, the situation with Wright may have ended differently. "Regardless of the facts that led up to him getting into the water -- had that water been properly marked or barricaded these events would not have happened -- his life would not have been lost," he explained. Additionally, the lawsuit claims North Charleston police officers should have done more to save Wright -- saying no rescue team was called for over ten minutes even though officers "watched him succumb to the waters." "They made no attempts to try to save his life to enter the water to do anything of that nature," Frazier said. North Charleston police told News 2 at the time Wright went underwater before police were able to rescue him. The lawsuit accuses officers of violating the common law duty to assist someone whose life is in imminent danger. Seth Stoughton, a law professor at the University of South Carolina School of Law, said there is a difference between what duties law enforcement officers have legally and professionally. "Officers are only under a legal duty to aid someone in very rare circumstances," Stoughton explained. "Typically we are talking about individuals who are in police custody who are fully reliant on the police to take care of them because they are in custody and unable to take care of themselves. " Stoughton explained that officers may have a professional duty to help someone, but that does not require officers to put themselves in extraordinary danger. He also explains that a water rescue could be one of those circumstances. "Officers aren't trained to engage in water rescues for the most part -- they aren't properly equipped -- that is they don't have life preservers or inflatables," Stoughton explained. "And further complicating things, when someone is in the water and particularly if they are swimming and starting to drown one of the most dangerous things that someone can do is approach that drowning person in the water." While nothing can bring her son back, the Frazier said Wright's mother hopes that looking into this case will spark positive change and prevent such an incident from impacting another family. "Whether you can bring about change through making them pay monetarily, or whether you just highlight a need through your lawsuit, and then policy begins to change and hopefully activity and behavior changes thereafter," he said. Ultimately through this lawsuit, Frazier said they are looking to find corrective remedial measures to ensure something like this does not happen again. The City of North Charleston and the South Carolina Department of Transportation do not comment on pending litigation.
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