BEAUFORT COUNTY, S.C. (WSAV) — The Parker’s Corporation says the entire Mallory Beach civil case should be thrown out and the passengers on board the boat that crashed that night are to blame

In their request to dismiss the case, Parker’s says the six passengers on the boat the night of February 24, 2019 “voluntarily exposed himself or herself to a known danger which he or she understood and appreciated.”

The documents say Mallory chose to ride in a boat driven by a “known visible drunk Paul Murdaugh” on a foggy night and she freely and willingly “assumed the risk of injury or death.”

The argument includes testimony from all the remaining passengers, who admitted they knew Paul had had previous drunk driving accidents, and was drunk that night.

The document also claims that the clerk who sold Paul alcohol that day “did her due diligence” by checking the ID.

That clerk did not notice Paul was using his older brother’s ID.

Also, SLED “did not” fine or charge the company in any way.

A judge could decide on this argument as soon as Thursday.