Eric Bernard Bowman et al v. Wallace Blair Crosby et al

On June 13, 2024, in a high-profile Golf Cart Assault lawsuit, a Charleston jury awarded $4,663,708 in damages to the defendant.

 Case Background

The Golf Cart Assault lawsuit was filed on July 21, 2020, by plaintiff Eric Bowman in the South Carolina State, Court of Common Pleas of Charleston County (Case number: 2020CP1003043). Judge Jennifer B. McCoy presided over the case.

Cause

On October 5, 2018, Eric Bernard Bowman and his wife, frequent patrons of Dunleavy’s Pub on Sullivan’s Island, South Carolina, visited the establishment. After enjoying their time, the Bowmans prepared to leave. Eric Bowman approached the bar to settle their bill but discovered that Dunleavy’s did not accept American Express, the only card he had. As was customary for local residents, the Bowmans intended to return later to pay their tab. This practice was well understood and accepted at Dunleavy’s, especially for Sullivan’s Island residents like the Bowmans.

As the couple attempted to depart in their golf cart (a Low Speed Vehicle or LSV), Wallace Blair Crosby confronted them. Crosby’s girlfriend, who was working as a bartender that night, had allegedly experienced a stressful, busy shift. Though Crosby was neither an employee of Dunleavy’s nor a law enforcement officer, he intervened. He positioned himself directly in front of the Bowmans’ golf cart, blocking their exit down the one-way street.

Crosby aggressively accused the Bowmans of attempting to leave without paying their tab. His behavior escalated quickly, becoming threatening and intimidating. He punched and kicked the golf cart multiple times, causing significant damage. Mrs. Bowman, fearing for her safety, fled from the passenger seat and sought refuge back inside Dunleavy’s.

Eric Bowman, still seated in the driver’s seat, warned Crosby to move away from the vehicle. When Crosby refused, Bowman slowly drove the golf cart forward. As he did so, Crosby allegedly swung his fist, striking and shattering the windshield. Once Bowman managed to leave the immediate vicinity, he called 911 to report the incident and request assistance for his wife, who remained at the establishment.

Injuries

The altercation resulted in significant physical and psychological injuries to Eric Bowman. While the complaint did not specify the exact nature of his physical injuries, it emphasized the severe emotional and mental trauma he endured. Bowman suffered extreme emotional distress, anxiety, and fear stemming from the confrontation. The public nature of the incident caused intense humiliation and embarrassment. This was particularly damaging for Bowman as a businessman in the community.

The psychological impact extended beyond the immediate aftermath, affecting Bowman’s ability to engage comfortably in both personal and professional interactions within his community. He experienced a marked loss of enjoyment in life, struggling with the lingering effects of the traumatic event. The severe emotional distress was described as being beyond what any reasonable person could be expected to endure.

Damages

The incident resulted in substantial tangible and intangible damages for Eric Bowman. The golf cart sustained significant physical damage, including a broken windshield, dents, and damage to the front hood and right fender. These damages necessitated costly repairs and resulted in a loss of use of the vehicle for an unspecified period.

Beyond the property damage, Bowman incurred financial losses related to potential business impacts. He also faced medical and therapeutic expenses stemming from the emotional trauma. The complaint asserted that the actual and consequential damages exceeded $25,000, though the full extent of the economic impact was not fully detailed.

Perhaps most significantly, Bowman suffered severe reputational damage. The false accusations of theft and the public nature of the confrontation tarnished his standing in the community. This reputational harm had far-reaching consequences, affecting both his personal relationships and professional endeavors. The incident made headlines in South Carolina, amplifying the damage to Bowman’s reputation and causing ongoing difficulties in his interactions within the community.

Bowman sought various forms of relief, including actual damages, consequential damages, and punitive damages. The complaint also requested pre-judgment interest and court costs.

 Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Eric Bernard Bowman
    • Counsel for Plaintiff: Dawes Cooke Jr.| Andreas James Mosby | Jerry Nicholas Theos | Michael T. Coulter | Raymond Darrell Turner

 

  • Defendant(s): Wallace Blair Crosby | Samantha Albert (Counterclaim Plaintiff)
    • Counsel for Defendants: Daniel Scott Slotchiver| Clayton B. McCullough

 Claims

Eric Bowman filed a comprehensive lawsuit against Wallace Blair Crosby, asserting six distinct causes of action:

  1. False Imprisonment: Bowman alleged that Crosby unlawfully restrained him and his wife by blocking their means of egress from Dunleavy’s premises. This action deprived the Bowmans of their freedom of movement, effectively detaining them against their will without any legal authority.
  2. Assault: The claim of assault stemmed from Crosby’s threatening behavior and actions. By positioning himself aggressively in front of the golf cart and making verbal threats, Crosby created a reasonable apprehension of imminent harm in Bowman.
  3. Battery: Although Crosby did not directly touch Bowman, the complaint argued that his violent actions against the golf cart—punching and kicking it while Bowman was inside—constituted battery.
  4. Malicious Destruction of Property: This claim addressed the significant damage Crosby caused to Bowman’s golf cart. The complaint alleged that Crosby’s actions in repeatedly striking and kicking the vehicle were willful, unlawful, and malicious, resulting in substantial damage requiring costly repairs.
  5. Intentional Infliction of Emotional Distress: Bowman claimed that Crosby’s outrageous conduct—including the violent threats, false accusations, and physical aggression—was reckless and substantially certain to cause severe emotional distress. The complaint argued that Crosby’s actions exceeded all bounds of decency and were utterly intolerable in a civilized community.
  6. Slander: The final cause of action addressed the false accusations of theft that Crosby allegedly made against Bowman. By loudly and publicly accusing Bowman of attempting to leave without paying his tab, Crosby committed slander per se (as accusing someone of a crime is automatically considered defamatory under South Carolina law).

Defense

Wallace Blair Crosby and Samantha Albert presented a vigorous defense and counterclaim against Eric Bernard Bowman’s allegations. They denied most of Bowman’s claims and asserted that Bowman was the aggressor in the incident at Dunleavy’s Pub on October 5, 2018.

Crosby and Albert claimed that Bowman and his wife had consumed a substantial amount of alcohol at the pub. They then attempted to leave without paying their tab. When Crosby tried to engage Bowman about settling his bill, Bowman allegedly responded by striking Crosby repeatedly with his golf cart. This caused severe injuries. Albert, who was Crosby’s girlfriend at the time and working as a bartender, witnessed the incident and claimed emotional distress from seeing Crosby injured.

The defense filed several counterclaims against Bowman, including negligence, assault, intentional infliction of emotional distress, and battery. Crosby specifically accused Bowman of using his golf cart as a weapon and operating it in an aggressive and reckless manner. They sought actual and punitive damages for physical injuries, emotional distress, medical expenses, loss of earning capacity, and other damages.

Additionally, Crosby claimed malicious prosecution and abuse of process. He alleged that Bowman filed the lawsuit without probable cause. Crosby further claimed Bowman had an ulterior motive to gain information for his defense in a pending criminal trial related to the incident. Crosby also accused Bowman of defamation, claiming that Bowman made false statements to the police and others about the events of that night, including falsely accusing Crosby of being the aggressor and kidnapping Bowman’s wife. The defense asked the court to dismiss Bowman’s complaint, uphold their affirmative defenses, and award judgment in favor of Crosby and Albert on their counterclaims and third-party claims.

Jury Verdict

On June 13, 2024, the jury ruled in favor of Wallace Blair Crosby, the Defendant and Counterclaim Plaintiff in his Golf cart Assault lawsuit against Eric Bernard Bowman. They found Bowman guilty of assault and battery for using his golf cart to strike Crosby multiple times at Dunleavy’s Pub. The jury rejected Bowman’s claims and supported Crosby’s account that Bowman was the aggressor. They awarded Crosby a total of $4,663,708 in damages: $1,865,483.20 for actual damages and $2,798,224.80 in punitive damages.

Court Documents:

Available Upon Request

News Article:

$4.66 Million Verdict Upheld Against Former Charleston Battery Owner for Assault with Golf Cart Over Bar Tab Dispute