Thursday, Aug. 8, 2019
A settlement has been reached in the death of Ashlynn Overton.
NORTH AUGUSTA, S.C. (WRDW/WAGT) -- A settlement has been reached in the tragic death of an 18-year-old senior from North Augusta High School. Courts confirm the two parties came to an agreement, but we are not authorized to release a dollar amount.
Stephanie McCluggage, 38, of North Augusta was driving north on Highway 25 in the right lane while Overton was also driving north on Highway 25 in a Nissan in the far left lane, according to the South Carolina collision incident report.
McCluggage then struck the curb with her right front tire and swerved left. She crossed into the middle lane and hit the front bumper of Overton's 2016 Nissan.
Overton struck the curb and rolled over, landing on the far left southbound lane. During the roll, Overton was ejected.
According to the original complaint, Overton's grandmother claims the "restraint system [in her Nissan Versa] was insufficient and did not properly restrain and otherwise protect Overton."
The complaint also claims Overton "suffered injury and damages caused by the actionable conduct of defendants, including but not limited to conscious pain and suffering; mental and emotional distress; and actual and consequential damages."
Overton's grandmother claims the sensors meant to set off side airbags during a crash were not active in this make, model, and year of vehicle.
In a hearing on Aug. 6th, Nissan reached the settlement with Overton's estate following the original lawsuit.
In response, Nissan also released a statement.
"Our sympathies are with the Overton family. The safety of our owners and their passengers is always our priority with our vehicles. In this case, the 2016 Nissan Versa neither caused nor contributed to this crash. It is a well-designed and thoroughly tested vehicle that meets or exceeds applicable federal safety standards. It is important to note that while airbags can help prevent or mitigate injuries, they are only supplemental systems. Occupants should always wear seat belts, as unrestrained occupants are at an increased risk of injury or death in a crash," the statement said.
Below is the full original complaint:
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