Family of slain Horry woman sues Onstar, alleges its technology could have prevented death
The family of an Horry County grandmother who was kidnapped and murdered in 2021 is suing the in-vehicle security system, claiming its technology might have prevented her death.
Mary Ann Elvington, 80, didn’t show up to church on March 28, 2021.
In an attempt to locate her, Elvington’s children called an operator with Onstar and pleaded to give them the location of their mother. The company wouldn’t, the lawsuit filed at the beginning of this month says.
A spokesperson for Onstar declined a request for comment, pending the lawsuit.
Elvington spent that afternoon driving around Marion County with Dominique Brand, who held a loaded shotgun pointed at her, according to police.
Brand entered the home of Elvington in Nichols and kidnapped her, an indictment detailed. Brand forced Elvington to drive him in her car to Lake Waccamaw, North Carolina, and then back to Lakeview, South Carolina.
Elvington’s body was found behind Mt. Zion AME church, about 10 miles away from her car.
In September, Brand was convicted of kidnapping and murdering Elvington, but he has not yet been sentenced. According to the Horry County Solicitor’s office, Brand could receive a sentence of up to life without the possibility of parole or death on all counts.
Brand’s sentencing was scheduled for this week, but has been delayed because the judge is awaiting the U.S. Supreme Court’s decision in Lora v. United States, which deals with consecutive sentences.
Brand, 29, of Marion County, is listed as a defendant in the lawsuit, and is being sued for intentional wrongful death.
The lawsuit states that Onstar had technology available to locate Elvington’s car, and had a duty to assist in life-threatening emergencies.
According to the lawsuit, Onstar placed a three-way call to Elvington’s vehicle. Elvington confirmed she was in the vehicle, but “she did not know where she was and did not know her general location or destination.”
When asked whether she would pull over and contact law enforcement, Elvington didn’t respond, which is when Onstar discontinued aid, the lawsuit says.
Harold Elvington, a son, repeatedly asked Onstar to provide law enforcement with his mother’s location. They refused, the suit claims.
The Nichols Chief of Police contacted Onstar the same day, informing the company of the urgent circumstances and requested the location, according to the suit. Onstar refused to give law enforcement Elvington’s location.
How and why Brand and Elvington ended up in the car together is still unknown. Family who spoke to the Sun News in 2021 theorized at the time she was trying to get him out of the house to protect any family that might come by.
Elvington’s family is suing Onstar for negligent wrongful death, alleging that Onstar had a duty to provide emergency services, based on the subscription services Elvington paid for.
The lawsuit is asking for actual and consequential damages.
Pierce Sloan Kennedy & Early Law, the firm representing the family in this suit, declined a request for comment made by The Sun News on Tuesday afternoon.
