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New settlement in the Mallory Beach wrongful death lawsuit

Mark Tinsley, the lawyer representing the Beach family tells News 19 he expects Judge Hall will sign off on this settlement by this Friday at the latest.

COLUMBIA, S.C. — One of the ongoing legal battles involving the Murdaugh family involves the death Mallory Beach, who died in a boat crash in Beaufort County four years ago.

The boat was allegedly driven by Paul Murdaugh, who was later murdered by his father Alex. 

The settlement with the Beach family was reached over the weekend according to lawyers involved with the case. These lawyers tell News 19 it was a lengthy mediation process, taking about eight hours Sunday. 

The lawyers explain it's not normal for mediations to happen on a Sunday, but this is also not a typical case. They add with this deal in place, $15M will go to Mallory Beach's family.

Following hours of conversation, finally a sense of nearing the end in the settlement of the wrongful death of Mallory Beach case and all other claims from the survivors of the boat crash. 

The settlement is with Parker's Convenience Store, down in Beaufort County, and the estate of Alex Murdaugh, the father of the driver of the boat, Paul Murdaugh. 

The suit said the store sold Paul Murdaugh alcohol on the night of February 24, 2019 and he then drove and crashed a boat. 

Beach died in that collision. 

Paul Murdaugh was underage at the time. The suit claimed Parker's was liable since they sold him the alcohol. 

"All the parties alleged that this sale of alcohol to not only Paul Murdaugh an hour or so before they left the dock, was achieved under circumstances that certainly suggested there was insufficient diligence and improper process," said Joe McCulloch, lawyer representing Connor Cook. 

RELATED: Alex Murdaugh pleads not guilty to federal wire fraud and money laundering charges, at least for now

Parker's disputed that claim, and ultimately they didn't admit blame in the settlement.

PK Shere, attorney for Parker's sent News 19 this statement saying in part quote, "It is disappointing that the contents of settlement discussions have been disclosed last night counter to the mediation agreement that was signed … The application of the joint and several liability law in South Carolina meant that, if Parker's was found even 1% at fault, it would have paid for the entirety of any verdict rendered against the Murdaugh family. The unfairness of that caused Parker's insurance carriers to resolve these suits to avoid paying the likely award intended to punish Alex Murdaugh … We sincerely hope that all involved parties will find some measure of closure."

Mark Tinsley represents the Beach family. 

"There was a measure of relief. Not because of the money, but because they weren't looking forward to going through the wrongful death trial," Tinsely said.

Tinsley explains he had been preparing for this trial for over the past four years, but now, that's come to an end. 

"On Friday we had a hearing. The sheriff of Hampton County said we can't afford this trial, so that's a consideration. We wanted to send a message of accountability. Wasn't going to bring Mallory back, wasn't going to change what had happened to them, but we do hope that it saves somebody else's son or daughter from what will happen if underage sales continue," Tinsley said.

Tinsley tells News 19 they settled at around $18M from Parker's convenience. $15M of which will be going to the Beach family. The rest will go to the other people on the boat that night.

One of those people is Connor Cook. His attorney, Joe McCulloch explains Cook's jaw was broken. McCulloch tells News 19 Cook will be getting $1M.

RELATED: Meet Bubba, the family dog that helped convict Alex Murdaugh of double murder

"I'd spent a lot of time yesterday with Connor and Miley, talking about it as this thing progressed and evolved, but I think the bottom line is when we got to a settlement, I think there was relief, I don't know that there was joy. There's happiness in seeing an end to at least this chapter of the story," McCulloch said.

As for the Murdaugh camp settling, Tinsley explains that the receivership appointed to Alex Murdaugh's estate will likely not wrap things up until late fall or the beginning of next year due to the fact that other parties outside of the boating accident will need to be paid by Alex Murdaugh. However, Tinsley adds that monies from Maggie's estate should be immediately available, as they are ready to be disbursed.

Tinsley adds that Mallory Beach loved saving animals and that her parents created a 501c3 in honor of her called Mal's Palz. Tinsley explains the family told him that some of the funds from this settlement will be used to raise money for a Hampton County animal shelter.

According to Tinsley, he believes Judge Hall will sign off on this settlement by this Friday at the latest. Following that, Tinsley tells News 19 he expects the family will receive this money about 45 days following the court approval.

Paul Murdaugh was chraged in connection with Beach's death, but he was killed by his father before that trial began. During Alex Murdaugh's trial, prosecutors explain this case was a motive in the killing. 

    

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