ELECTRONICALLY FILED - 2018 Jul 19 10:17 AM - HORRY - COMMON PLEAS - CASE#2018CP2604176

STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS

FIFTEEN JUDICIAL CIRCUIT
COUNTY OF HORRY

John and Jane Doe, on behalf of their minor

child, Johnnie Doe,

Plaintiffs, SUMMONS

v.

Horry County Schools,

Defendant.

TO THE DEFENDANT ABOVE NAMED:

YOU ARE HEREBY SUMMONED and required to answer the Complaint herein, a copy of

which is served upon you, and to serve a copy of your answer to this Complaint upon the subscriber

at the address shown below within thirty (30) days (thirty five (35) days if served by United States

Mail) after service hereof, exclusive of the date of such service, and if you fail to answer the Complaint,

judgment by default will be rendered against you for the relief demanded in the Complaint.

CROMER BABB PORTER & HICKS, LLC

BY: s/Samantha Albrecht

Samantha Albrecht (#102642)
1418 Laurel Street, Suite A (29201)
Post Office Box 11675
Columbia, South Carolina 29211
Phone 803-799-9530
samantha@cbphlaw.com
Attorney for Plaintiff

July 19, 2018

Columbia, South Carolina
 ELECTRONICALLY FILED - 2018 Jul 19 10:17 AM - HORRY - COMMON PLEAS - CASE#2018CP2604176
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS
FIFTEEN JUDICIAL CIRCUIT
COUNTY OF HORRY

John and Jane Doe, on behalf of their minor

child, Johnnie Doe, COMPLAINT
(Jury Trial Demanded)
Plaintiffs,

v.

Horry County Schools,

Defendant.

The Plaintiffs, complaining of the Defendant herein, would respectfully allege as follows:

PARTIES & JURISDICTION

1. The Plaintiffs, John Doe and Jane Doe (hereinafter “Jane” or “John”), are legal parents

of Johnnie Doe (hereinafter “Johnnie”). At the time the events giving rise to this action occurred, the

Plaintiffs were citizens and residents of Horry County, South Carolina.

2. The Defendant, Horry County Schools (hereinafter “District”) is a geographically

defined area of Horry County in charge of public education for the citizens and residents within the

boundaries of the same. Its offices and principal place of business are located in Horry County, South

Carolina.

3. This action arises under the common law of South Carolina.

4. Jurisdiction and venue are proper, because the parties have sufficient connections to

this circuit, and the events giving rise to this action occurred in Horry County, South Carolina.

FACTUAL ALLEGATIONS

5. Johnnie, a ten-year-old boy, was a student in the fifth grade at Lakewood Elementary

School (hereinafter “Lakewood”) during the 2017-2018 academic year.

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6. Shortly after the school year began, another student at Lakewood (hereinafter

“perpetrator”), taunted, bullied, attacked and threatened to kill Johnnie.

7. In one incident, perpetrator and others surrounded Johnnie and tried to break his neck.

8. On the morning of October 10, 2017, Johnnie begged Jane not to make him go to

school because he was afraid that the perpetrator was going to kill him.

9. When Jane told Johnnie that he had to go to school, he took scissors from the kitchen,

told Jane that he would rather kill himself than let the perpetrator kill him, and attempted to stab

himself in the stomach with the scissors.

10. After this terrifying incident, John and Jane took Johnnie to Lakewood to meet with

Vice Principal Marshall Hursey (hereinafter “Hursey”). Jane told Hursey about Johnnie’s actions that

morning and about his fears of being killed at school by the perpetrator.

11. John asked that Johnnie be moved to a new class away from the perpetrator. Hursey

responded, “[G]ive me a chance. I will make sure [Johnnie] is safe.”

12. Hursey insured John and Jane that Johnnie would be separated from the perpetrator

and that Johnnie’s teachers and faculty at the school would be informed of the situation so that Johnnie

and the perpetrator would not have to have any contact.

13. On October 13, 2017, the nurse at Lakewood called Jane because Johnnie had been

kicked, pushed down and had hit his head.

14. Hursey called later that day and told Jane that the nurse was not supposed to call her

because the incident was an “innocent misunderstanding.”

15. Despite ample evidence exposing the actions of the perpetrator, the Defendant

District allowed him to remain a student at Lakewood with very limited interruption, if any.

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16. On October 16, 2017, Johnnie returned to school and was instructed to sit at a table

with the perpetrator to complete a group activity. The perpetrator began taunting Johnnie again, and

out of frustration and fear Johnnie told the perpetrator that he was going to punch him.

17. This incident resulted in Johnnie being placed in In-School Suspension. Another Vice

Principal at Lakewood, Rich Reyes (hereinafter “Reyes”), called Jane to tell her about the suspension

and the incident.

18. When Reyes called Jane, Reyes had no knowledge of this promised separation or any

other information surrounding the situation with Johnnie and the perpetrator, but he told Jane the

school would make sure Johnnie spoke with the guidance counselor. Jane was upset because Johnnie

and the perpetrator were not supposed to be near each other.

19. The school’s guidance counselor never met with Johnnie. Instead, Roberts spoke with

Johnnie who told her he was scared of everyone and everything. After this conversation, Roberts

placed Johnnie on the school bus home.

20. Instead of punishing the perpetrator for the bullying and threats, Hursey and Reyes,

at the direction of Katherine Roberts, the Principal of Lakewood, informed John and Jane that Johnnie

was not to return to school “until he gets the help he needs.”

21. Plaintiffs took Johnnie to the emergency room because his counseling center could

not see him at the time. Several nurses and doctors talked to Johnnie and agreed that he felt threatened

at school which triggered anxiety and self-harming thoughts.

22. Johnnie was then taken by a police officer in the back of a patrol car from the

emergency room to Lighthouse Behavioral Hospital (hereinafter “Lighthouse”). Johnnie, a ten-year-

old boy, was committed and spent 5 days alone without his parents at this facility.

23. On October 20, 2017, Johnnie was released from Lighthouse. He was diagnosed with

Major Depressive Disorder (“MDD”) and PTSD as a result of the bullying and threats of perpetrator.

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24. At ten years old, Johnnie is taking two medications to control the symptoms of MDD

and PTSD. These medications significantly impact his daily mood and behavior.

25. Lighthouse also recommended that Johnnie not return to Lakewood. Therefore, in the

middle of the school year, Johnnie had to leave his school, try and make friends at a new school and

start over academically.

FOR A FIRST CAUSE OF ACTION

(Negligence, Gross Negligence, Recklessness and Willfulness)

26. Plaintiffs reallege the paragraphs above as if set forth herein verbatim, where not

inconsistent herewith.

27. The Defendant District owed a clear duty to the Plaintiffs while Johnnie was on school

property during school hours.

28. The Defendant District breached its duty by permitting the bullying, taunting,

threatening and physical attacks against Johnnie to continue and go unpunished. These actions were

carried out by a student permitted to be on Lakewood Elementary School grounds.

29. The Defendant District was further negligent in failing to properly consider the

egregiousness and seriousness of what occurred and allowing the perpetrator to remain at Lakewood

Elementary School alongside Johnnie.

30. The Defendant District failed to take any action when it was obvious that injury had

already occurred and would continue into the foreseeable future.

31. As a direct and proximate result of the negligence on the part of the Defendant

District, the Plaintiffs are entitled to judgment in their favor against the Defendant District, in an

amount equal to the sum of their actual damages, including severe emotional distress and anguish, the

loss of companionship of their minor daughter, and attorney’s fees and costs for bringing this action.

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FOR A SECOND CAUSE OF ACTION
(Assault and Battery)

32. Plaintiffs reallege the above paragraphs as if set forth herein verbatim, where not

inconsistent herewith.

33. Defendant District, despite having knowledge of the attack that had already taken

place and the taunting, bullying, threats made by the perpetrator, permitted the perpetrator to continue

to attend Lakeside alongside Johnnie and his other victims.

34. Such action on the part of the Defendant District placed the Plaintiffs and Johnnie in

a reasonable fear of bodily harm.

35. Specifically, Johnnie was placed in a situation alongside the individual who had

previously caused him harm without reassurance of any reasonable protection that such an act would

not occur again.

36. Plaintiffs are informed and believe they are entitled to judgment against the Defendant

District in an amount equal to the sum of their actual damages, including mental and emotional

suffering, and for attorney’s fees and costs for bringing this action.

FOR A THIRD CAUSE OF ACTION

(Premises Liability)

37. Plaintiffs reallege the above paragraphs as if set forth herein verbatim, where not

inconsistent herewith.

38. Defendant District owed/owes a clear duty to the Plaintiffs while Johnnie and other

students are on school property during school hours and/or for school activities.

39. Defendant District breached its duty by permitting the attack against Johnnie and

others. This brutal attack was carried out by a fellow student permitted on Defendant grounds.

40. Defendant District has further failed to protect its students from further attacks in

permitting the perpetrator continued access to school grounds.

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41. As a direct and proximate result of the actions of the Defendant District, the Plaintiffs

are entitled to judgment in their favor against the Defendant District, in an amount equal to the sum

of their actual damages, including severe emotional distress and anguish, the loss of companionship

of their minor son, moving and relocation expenses, and attorney’s fees and costs for bringing this

action.

FOR A FOURTH CAUSE OF ACTION

(Intentional Infliction of Emotional Distress)

42. Plaintiffs reallege the above paragraphs as if set forth herein verbatim, where not

inconsistent herewith.

43. Defendant District’s intentional disregard and wanton conduct, including but not

limited to permitting such an egregious act to take place on school property, and permitting the

perpetrator to return to school alongside Johnnie and place the perpetrator and Johnnie together on

several occasions while knowing about the ongoing bullying, threats, and attacks was so extreme and

outrageous to exceed all bounds of decency.

44. Defendant District’s conduct intentionally and recklessly inflicted emotional distress

for the Plaintiffs, or it should have been substantially certain that distress would result from their

conduct.

45. The emotional distress suffered by the Plaintiff was so sever such that no reasonable

person should be expected to endure it.

46. Plaintiffs are infirmed and believe they are entitled to judgment against the Defendant

District in an amount equal to the sum of their actual damages, including mental and emotional

suffering, and for attorney’s fees and costs for bringing this action.

PRAYER FOR RELIEF

WHEREFORE, the Plaintiffs pray for judgment against the Defendant Horry County Schools

in an amount equal to the sum of their actual damages, including mental and emotional suffering, as
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well as an award of punitive damages, in amounts to be determined by a jury, together with attorney’s

fees, where applicable, costs of this action, and for any such other and further relief as this Honorable

Court deems just and proper.

CROMER BABB PORTER & HICKS, LLC

BY: s/Samantha Albrecht

Samantha Albrecht (#102642)
1418 Laurel Street, Suite A (29201)
Post Office Box 11675
Columbia, South Carolina 29211
Phone 803-799-9530
samantha@cbphlaw.com
Attorney for Plaintiff

July 19, 2018

Columbia, South Carolina