Judge approves settlement

in Community by

On July 10, 2013, Beaufort County Judge Carmen Mullen approved the settlement of claims by the widow and children of Carlos Alberto Olivera, the man that was shot and killed by tow truck driver Preston Oates.

On the evening of December 24, 2010, Carlos Olivera, his wife and four children drove their minivan to the home of his brother, Nelson Olivera, to deliver family Christmas presents. Nelson Olivera lived in the Edgefield Subdivision in Bluffton.

Carlos’ vehicle had been parked on the curb in front of Nelson’s house for approximately 20 minutes when it was booted by Preston Oates, operating a tow truck owned by Pro-Tow, LLC.

An argument ensued, in which Carlos Olivera was shot multiple times by Preston Oates in the presence of his wife and children. Carlos Olivera died at the scene. Claims were made on behalf of the surviving familt by William B. Harvey, III of the Harvey & Battey Law Firm against Preston Oates, Pro-Tow, LLC, Edgefield Home Owners Association, Inc., and IMC Resort Services, Inc. (providing property management services to Edgefield), alleging negligence in the enactment of subdivision regulations which prohibited any parking on the street, or on the grass of individual lots, the hiring of Preston Oates, and the overly aggressive enforcement of those regulations such as that which occurred in this incident.

Settlement of these claims has been consummated and approved by the Court, for the total amount of $1,750,000. This settles all claims of the Estate of Carlos Olivera arising from this incident. Speaking on behalf of the Estate, attorney Bill Harvey stated:
“It is best for Dhayam Olivera and her children to get this matter resolved so they can move on with their lives. This was a horribly tragic incident, and a
senseless death.”