Lawsuit claims HHI driver in fatal hit-and-run was ‘grossly intoxicated’ at time of crash
The Hilton Head woman accused of killing a pedestrian in a hit-and-run in late February was “grossly intoxicated” when the accident happened, according to a wrongful death lawsuit brought forward by the victim’s family.
Sylvia Nelander, 61, is awaiting trial for the felony charge of failing to stop for a fatal hit-and-run. She had not been charged with driving under the influence, S.C. Highway Patrol spokesperson Trooper Nick Pye confirmed on Tuesday.
Filed March 29 in Beaufort County civil court, the suit also holds Nelander civilly responsible for the death of Jason Keith Flack, a 45-year-old Bluffton business owner remembered as an avid fisher and a friend to everyone he met.
Court documents claim Nelander was driving north on Squire Pope Road the night of Feb. 25 while Flack used the crosswalk at the street’s intersection with Gumtree Road, making his way home from the Skull Creek Boathouse restaurant. Her car struck the man in the traffic circle, causing “catastrophic injuries.”
Instead of contacting police, Nelander “left the scene and went home,” the lawsuit says. Less than two days later, authorities from the S.C. Highway Patrol announced they found the suspected vehicle, a 2018-2024 Toyota Camry. Nelander was arrested the morning of Feb. 29.
Roberts “Tabor” Vaux Jr., an attorney representing the Flack family, estimated the crash happened around 8:30 p.m. on Feb. 25, about 12 hours before the man’s body was found on the roadside the following morning. He added there were “conflicting witness accounts” as to where Nelander was prior to the accident, with one bystander claiming they had seen her intoxicated at an establishment in the area.
With the court summons filed, Vaux said attorneys will use their newly acquired subpoena abilities to request Nelander’s financial records and credit card statements. “We’re basically trying to put together a timeline of where she was that night,” he told The Island Packet and Beaufort Gazette.
The civil lawsuit against Nelander is entirely separate from her criminal case. While a criminal conviction determines guilt and could lead to up to 25 years in prison, the civil case will dictate only financial compensation for damages. The two legal processes can be carried out simultaneously.
Nelander was released from the Beaufort County jail March 1, the day after her arrest, on a $200,000 surety bond. Conditions of her release require her to surrender her passport to an attorney, wear an electronic monitor and avoid any contact with the victim’s family. Judicial records indicate her preliminary hearing is scheduled for April 12 in Beaufort County Magistrate Court.
A defense attorney for Nelander and a spokesperson for the Highway Patrol could not immediately be reached by phone Tuesday morning.
This story was originally published April 2, 2024 at 12:13 PM.
