Family of woman killed by umbrella at Garden City beach settles, but payout is a mystery
A Surfside Beach-based chair and umbrella rental firm will pay the estate of a woman impaled by one of their products last summer an undisclosed sum as a settlement for her death.
Horry County court records show Beach Services Limited came to terms with relatives of 63-year-old Tammy Perreault on July 18, but 15th Circuit Judge William J. Seals Jr. approved a motion by attorneys from both sides to keep details of the payout private.
“Given the media coverage this incident has already received, the Court finds it is likely that the media would report on the settlement if made part of the public record, which in turn, would prejudice the legitimate private interests of the parties, and inadvertently, negatively impact local businesses that have no connection to the allegations in this these claims against Respondents,” Seals wrote in his decision.
Perreault’s Aug. 11, 2022, death came as the result of chest trauma she sustained after an umbrella blown from its anchor on a Garden City beach struck her.
The story made international headlines and happened two months after Myrtle Beach-based Lack’s Beach Service was hit with a $20.7 million wrongful death verdict stemming from the 2018 drowning of a Maryland man.
Last February, Beach Services Limited inked a 7-year, $28,000 deal with county leaders to provide life guarding along a 2-mile stretch from the Horry/Georgetown county line to Surfside Beach.
In exchange, the company has exclusive rights to rent beach equipment to users in the area.
Lawyers for Beach Services Limited and the Perreault estate said publicizing terms of the settlement would also have negative consequences for other businesses that offer similar products.
“...The publication of the settlement amount could result in the public believing that Respondents are acknowledging safety deficiencies at the Beach (which has been and continues to be denied by Respondents),” the July 18 motion to seal says. “Any negative perception of the Respondents’ business would have a negative impact on other businesses who rent and use beach umbrellas on the Beach, which in turn, would negatively impact those businesses surrounding the Beach, many of which are ‘mom and pop’ stores (as opposed to national chains), that have nothing to do with these claims against Respondents.”
Ian Maguire, an attorney representing Perreault’s husband Michael, said in a statement to The Sun News that his client will continue working to ensure future umbrella accidents can be avoided.
“Mike Perreault and Beach Services Inc. have agreed to settle the pending lawsuit. Mike is continuing to work to ensure that this tragedy never happens to another beachgoer,” Maguire said. “Therefore, it is imperative that unweighted and spear-like umbrellas are no longer manufactured, sold and distributed to our beach communities.”
The S.C. judicial branch requires seven guidelines to be met before documents can be filed under seal. They are:
the need to ensure a fair trial
the need for witness cooperation
the reliance of the parties upon expectations of confidentiality
the public or professional significance of the lawsuit
the perceived harm to the parties from disclosure
why alternatives other than sealing the documents are not available to protect legitimate private interests
why the public interest, including, but not limited to, the public health and safety, is best served by sealing the documents
Seals in his ruling said publicizing the settlement amount could imperil other “tourism based services” in Horry County and open both Beach Services Limited and Perreault’s relatives up for harassment.
“Petitioner argued that the publication of this settlement amount and its terms would result in undue harm to Petitioner and could result in unwanted attention, media publications, and harassment of Petitioner and Decedent’s family,” Seals ruled.
