Social media influencer sued for wrongful death in Malibu Fourth of July crash
A social media influencer who collided head-on in a Fourth of July crash in Malibu has been sued by the family of the ride-share driver killed in the fatal crash, alleging the influencer was “severely intoxicated and impaired” at the time.
Summer Wheaton was driving a 2019 Mercedes-Benz when, according to authorities, the vehicle crossed the center median on Pacific Coast Highway and crashed into a 2020 Cadillac.
The social media influencer, who describes herself as a “wellness advocate,” attended a Fourth of July party at the famed restaurant Nobu before the crash and is accused in the suit of driving under the influence of “intoxicating substances.”
The lawsuit was filed Dec. 3 by the family of Martin Okeke, who was killed in the crash.
Attorneys representing Okeke’s family did not respond to The Times’ requests for comment.
Formerly a licensed real estate agent, Wheaton describes herself as a “founder, speaker and wellness” advocate in her website, where she supports healthy eating and lifestyle choices.
Wheaton has amassed more than 100,000 followers on Instagram but made her account private days after the fatal crash.
A man was struck by three vehicles on Pacific Coast Highway near Molino Avenue early Sunday morning, the Long Beach Police Department said.
On Tuesday, she made a public post for the first time in months, sharing a video where she said, “The last few months have been hard.”
“You know that feeling when life seems like it’s all falling apart, but somehow it’s a start of something really beautiful? Well, that was me,” Wheaton says in the video that shows her looking into a mirror and showing a scar on her arm. “I went through moments where I truly didn’t know how I’d pull through.”
She then goes on to promote a “faith-based planner” that she is selling for $34.99.
Wheaton did not return messages seeking comment.
No criminal charges have been filed in the crash. Los Angeles County Sheriff’s Sgt. James Arens said the case is still under investigation, and detectives are working with the Los Angeles County District Attorney’s office to consider possible charges.
The lawsuit also names Nobu Malibu, the Hwood Group LLC and DBDJ LLC as defendants in the case, alleging that Wheaton was hired to attend the party along PCH and was “expected to consume intoxicants.”
An attorney representing Nobu said Wheaton was not hired or contracted by the restaurant.
Representatives for Hwood Group and DBDJ did not respond to The Times’ requests for comment.
Hwood Group regularly hosts a Fourth of July party at Nobu Malibu, dubbed Red, White & Bootsy. A hospitality and marketing company, Hwood Group hosted the event, featuring celebrities that included Mike Tyson and Wiz Khalifa.
But four days before the party, the city of Malibu rescinded the permit for the event, citing concerns about traffic and safety.
The lawsuit also alleges Nobu and the hosts continued marketing the party and ultimately held the event despite having the permits revoked by the city.
Attorneys for the popular restaurant contend that the city’s decision to rescind the permit was unfounded, said Benjamin Reznik, an attorney representing Nobu.
Two remain missing from white Cadillac Escalade that left Deer Creek Road early Sunday about 2 miles from Pacific Coast Highway, according to the California Highway Patrol.
Reznik said Nobu abided by the city’s initial conditions for the permit, and has appealed a fine that was issued. A decision on the appeal has not yet been made by the city.
For example, Reznik said, Nobu agreed that guests would be shuttled to Nobu and that there would be no on-site parking.
The lawsuit, however, alleges that Wheaton drove herself to the event, and that the defendants returned Wheaton’s car keys to her at the end of the event even though she had become “severely intoxicated and impaired.”
Reznik said the event did not have any valet service, and that Nobu has reviewed and provided surveillance video of the party to the California Department of Alcoholic Beverage Control.
“We did not have her keys, we did not park her car,” he said.
The video shows that Wheaton attended the party, he said, but there was no obvious sign that she was intoxicated when she left.
“If that is her, then that person that walked out did not walk out intoxicated,” Reznik said.
Reznik said the video also shows that Wheaton left Nobu some time before the crash occurred, and it’s unclear if she left the area or went to a nearby restaurant or bar during that time.
Reznik said there was a “time gap” between the time she left and the crash, but he was unsure how much time had elapsed.
Officials for Nobu have not yet had a chance to review the lawsuit, he said.
The lawsuit alleges Wheaton “failed to keep a proper lookout, drove at an excessive speed, and made an unsafe lane change, causing a head on collision.”
Okeke suffered severe injuries and later died.
A picturesque and famous stretch of highway with views of the ocean, Pacific Coast Highway has been the site of numerous deadly crashes. The city of Malibu has announced several road improvements with the help of Caltrans to improve safety.
On Thursday, the city announced it was working with Caltrans to relocate street parking in some areas of the 21-mile stretch of road, and also creating bike lanes.
Okeke’s family is seeking unspecified damages to be determined at trial.
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