W.Va Concert Leads to Wrongful Death Lawsuit by Families of 3 Mt. Pleasant Women

Wrongful death lawsuitA Virginia driver, who crashed into the tent of 3 South Carolina women at a West Virginia music festival, wants to settle wrongful death and personal injury lawsuits.

Nicole Miller and friends Yen Ton and Elizabeth Doran were sleeping in a tent at the All Good Music Festival near Masontown, W.Va. when they were struck by a pickup truck driven by Clay Lewin. Miller died from the accident. Yen and Doran survived with severe injuries. All three women were from Mount Pleasant, S.C.

The Lawsuit

Lewin acknowledged that he lost control of his truck which led him to strike the tent. He blames parking and security agents for telling him to park on a steep, grassy slope near the tents and other vehicles. He says the parking and security agents were present and helped guide him in when he parked his vehicle; however, these agents were not present he tried to leave.

The families of the victims sued Lewin, of Cape Charles, and about a dozen organizers, producers, promoters and corporations. Miller’s family has settled with Lewin. Documents filed in the U.S. District Court last week show Clay Lewin’s insurance company will pay the father of Nicole Miller $300,000 under the proposed settlement. The settlement still requires court approval. The hearing is scheduled for Sept. 4.

The agreement was reached during mediation in June. In May, prior to settlement negotiations, attorneys for the family of the accident victims demanded payments ranging from $975,000 to $13.5 million for the wrongful death and personal injury lawsuits. However, Lewin’s policy with Virginia Farm Bureau Mutual Insurance Co. limited payments to $300,000 per person and $500,000 per accident.

Under the agreement, Miller’s father, Kim, would receive 75 percent of the compensation, while her brother, Kristopher Miller, would receive 25 percent.  The agreement would also give Ton and Doran a $100,000 a piece.

Other Lawsuits

Lewin, of Cape Charles, is one of nearly a dozen people and companies sued over the accident.

Currently, Ton, Duran and Kim Miller are suing:

  • Campground operator, Marvin’s Mountaintop LLC
  • Maryland-based, Walther Productions
  • California-based Tobin Productions
  • M&M parking Inc. of Pennsylvania
  • Security provider, Event Staffing Inc, of Virginia
  • Security provider, National Event Services Inc, of New Hampshire
  • Security provider, Axis Security Inc, of Tennessee

The victims are also suing principals of these specific companies as individuals. All companies and individuals have denied culpability and have filed counterclaims against each other. The trials are set to begin on Monday.

South Carolina Wrongful Death Lawyer

Losing a loved one to wrongful death is hard, and  Strom Law Firm understands that. We will represent you against any company or individual who you believe contributed to the wrongful death of your loved one. Losing a loved one can be financially draining as well. A South Carolina Wrongful Death Lawyer at the Strom Law Firm will fight to get you the money you deserve. Call us today for a free consultation where we will discuss the aspects of your case to see if we can help. 803.252.4800.

About Pete Strom

Defending criminal charges including drug crimes, DUI, CDV, mail fraud, wire fraud, bank fraud, computer crimes, money laundering, and juvenile crimes, Pete also handles Federal and State investigations. Representing individuals in Civil Matters including Class Actions, Personal Injury, Qui Tam Actions, Defective Products, Nursing Home Neglect, and Professional Licensing Defense cases. Joseph Preston “Pete” Strom, Jr., the managing partner at Strom Law Firm, L.L.C., has been fighting for justice since 1984.


  1. […] Law Firm recently blogged about several wrongful death lawsuits filed by the family of Nicole Miller. Miller died resulting from a 2011 accident in which a truck struck her tent at the All Good Music […]

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