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Kathryn Dennis, the former Southern Charm star, is now defending not just a criminal DUI charge but a significant civil claim from a driver who says he was injured in a May 2024 three-car collision.
According to court filings, the plaintiff alleges Dennis’ actions behind the wheel allegedly impaired and reckless, set off a chain reaction that caused physical, emotional, and property damage.
The complaint names her insurer as a co-defendant and seeks punitive as well as compensatory relief.
According to the lawsuit filed in Berkeley County, South Carolina, the plaintiff driving a 2012 Honda was struck indirectly after Dennis, driving a 2018 GMC truck, allegedly rear-ended a 2017 Nissan.
That impact then forced the Nissan into the plaintiff’s vehicle. The complaint claims she “failed to slow her vehicle,” did not maintain proper lookout, and should have exercised the “last clear chance” to avoid collision.
Kathryn Dennis mugshot (Photo: Berkeley County Sheriff)
Police reports are cited in contemporaneous press accounts noting that officers believed she was “possibly impaired,” observed glossy eyes and smelled alcohol on her breath, and discovered several mini bottles of liquor in her vehicle.
Dennis has already been sentenced to 30 days in jail on DUI charges tied to that same crash. Her insurer, State Farm, has denied the underlying allegations in its response.
Beyond tabloid intrigue, this case illustrates how a DUI can ripple into civil exposure. In South Carolina, a drunk driving case doesn’t just rest in the criminal courts.
The injured party can pursue a separate civil claim seeking damages for medical bills, pain and suffering, property damage, and even punitive damages intended to punish especially reckless conduct.
Indeed, “victims hit by drunk drivers can pursue punitive damages in South Carolina, regardless of the outcome of the criminal case,” according to insurers and plaintiff practice resources.
Because Dennis is a public figure, the stakes are amplified: her personal exposure could be significant if liability is established and punitive damages awarded above insurance limits.
To make sense of what the plaintiff in this case must prove, here’s a distilled lay of the land under South Carolina law:
Under the South Carolina Noneconomic Damage Awards Act, civil trials that include punitive damage claims must generally be bifurcated (i.e. split).
In the first phase, liability for compensatory damages is determined (medical costs, lost income, pain and suffering). Only if those are awarded does the case move to the punitive phase.
To succeed on punitive damages, the plaintiff must show by clear and convincing evidence (a stricter bar than “preponderance”) that the defendant acted with willful, wanton, or reckless conduct.
By default, punitive damages in South Carolina are capped at the greater of three times compensatory damages or $500,000.
However, the statute itself carves out exceptions where the cap does not apply, including when the defendant was intoxicated, or where a felony conviction or intentional harm is involved.
So in Dennis’ case, her intoxication could push the punitive damages beyond the usual cap.
When the jury (or judge) sets punitive damages, South Carolina law allows them to weigh:
The degree of misconduct or recklessness
The severity and permanence of harm
The duration of the conduct and whether it was concealed
Whether the defendant had prior similar conduct
Ability to pay and deterrent effect
Criminal penalties already imposed for the same conduct.
In general, personal injury claims in South Carolina must be filed within three years from the date of injury. Failure to act within that window is a common procedural defense.
Will State Farm be forced to cover punitive exposure? Insurers typically push back hard against punitive damages, especially when a defendant’s conduct is deemed reckless or intentional.
Will the plaintiff press for a jury trial with high punitive exposure? In a high-profile case, there’s always pressure to force a trial or extract a large settlement.
Will the “intoxication exception” to punitive caps apply? If the court finds the defendant was substantially impaired, the cap may be removed entirely.
Can you sue someone for a DUI accident in South Carolina?
Yes. Even after a criminal DUI case concludes, injured parties may file a civil lawsuit seeking compensation for medical expenses, lost wages, property damage, and pain and suffering. Under South Carolina law, punitive damages can also apply when a driver’s actions are proven reckless or intoxicated.
Is the driver’s insurance company responsible for damages in a DUI case?
It depends. Insurance policies often cover compensatory damages but not punitive damages, which are considered penalties for reckless conduct. In this case, State Farm (Dennis’ insurer) is a co-defendant, but it has denied liability so far.
What is the statute of limitations for filing a DUI injury lawsuit in South Carolina?
Generally, victims have three years from the date of the crash to file a personal injury claim. Missing that deadline can bar recovery entirely.
Can prior substance abuse issues affect a DUI civil case?
Possibly. If the plaintiff’s attorneys can demonstrate a pattern of reckless behavior, it may strengthen their claim for punitive damages — though such evidence must still pass evidentiary standards for relevance and prejudice.
