ELECTRONICALLY FILED - 2018 Feb 16 1:03 PM - GREENVILLE - COMMON PLEAS - CASE#2018CP2300911

STATE OF SOUTH CAROLINA )

) IN THE COURT OF COMMON PLEAS
COUNTY OF GREENVILLE )
SUMMONS
Brooke E. Rogers as the Personal )
Representative of the Estate of Jacob R. Baltz, ) C.A. No.: 2018-CP-23-______
)
Plaintiff, )
vs. )
) (Jury Trial Demanded)
John A. Kuhne, Jr., )
)
Defendant. )
_____________________________________

TO: JOHN A. KUHNE, JR.

YOU ARE HEREBY summoned and required to answer the Complaint in this action, a

copy of which is herewith served upon you, and to serve a copy of your answer to said Complaint

on the subscribers at their offices, The Carolina Law Group, 910 E. Washington Street, Greenville,

South Carolina 29601, within thirty (30) days after service hereof, exclusive of the day of service;

and if you fail to answer the Complaint within the time aforesaid, Plaintiffs will apply to the Court

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

Respectfully submitted,

s/J. Matthew Whitehead______________

J. Matthew Whitehead (SC Bar#73803)
THE CAROLINA LAW GROUP, LLC
P.O. Box 5192 (29606)
910 E. Washington Street (29601)
Greenville, SC
Greenville, SC
Attorneys for Plaintiff
February 16, 2018
 ELECTRONICALLY FILED - 2018 Feb 16 1:03 PM - GREENVILLE - COMMON PLEAS - CASE#2018CP2300911
STATE OF SOUTH CAROLINA )
) IN THE COURT OF COMMON PLEAS
COUNTY OF GREENVILLE )
COMPLAINT
Brooke E. Rogers as the Personal )
Representative of the Estate of Jacob R. Baltz, ) C.A. No.: 2018-CP-23-______
)
Plaintiff, )
vs. )
) (Jury Trial Demanded)
John A. Kuhne, Jr., )
)
Defendant. )
_____________________________________

Plaintiff, Brooke E. Rogers as the Personal Representative of the Estate of Jacob R. Baltz,

complaining of Defendant, John A. Kuhne, Jr., respectfully alleges and shows unto the Court that:

1. Brooke E. Rogers as the Personal Representative of the Estate of Jacob R. Baltz, is

a citizen and resident of Wake County, North Carolina. The Plaintiff brings this action in her

capacity as Personal Representative of the Estate of Jacob R. Baltz under and by virtue of the

authority of S.C. Code Ann. §§ 15-51-10 and 15-5-90.

2. Upon information and belief, Defendant, John A. Kuhne, Jr., is a citizen and

resident of Greenville County, South Carolina.

3. The incident that gives rise to this litigation occurred in Greenville County, South

Carolina.

4. Venue and jurisdiction are proper in this Court.

FACTUAL ALLEGATIONS

5. On or about March 22, 2015, Defendant had a small get together at his residence

located in Greenville County, South Carolina.

6. Decedent attended the get together at Defendant’s residence.

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7. Upon information and belief, at some point during the early morning of March 22,

2015, Defendant negligently and/or recklessly struck Decedent in the face.

8. Upon information and belief, the great force of the contact caused Decedent to fall

backwards, hit his head on the brick patio, and rendered Decedent unconscious.

9. Upon information and belief, when Decedent gained consciousness he had no

immediate memory of what occurred and he left Defendant’s residence and went home where he

later died as a result of the injuries he sustained.

10. Decedent was lawfully at Defendant’s residence.

11. At no time relevant herein, did Defendant inquire as to Decedent’s well-being, his

health, or otherwise undertake any effort to address Decedent’s injuries inflicted by him.

FOR A FIRST CAUSE OF ACTION

(Wrongful Death – Negligence, Gross Negligence, Recklessness in violation of South Carolina
Code §15-51-10)

12. The allegations set forth in paragraphs one through eleven (1-11) above are

incorporated as if repeated herein.

13. The injuries, damages, and death were the direct and proximate result of

Defendant’s negligent, grossly negligent, reckless, and careless acts.

14. The Defendant’s careless, negligent, and reckless acts were the direct and

proximate cause of the injuries, damages, and death of Decedent.

15. By reason of the acts of the Defendant, as set forth above, the Plaintiff is entitled to

an award of actual and compensatory damages from Defendant in favor of the statutory

beneficiaries of the Decedent for funeral bills and other pecuniary loss, property damage, mental

shock and suffering, wounded feelings, grief and sorrow, loss of companionship, and deprivation

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of the use and comfort of the Decedent’s society, loss of his experience, knowledge and judgment,

and his ability to earn money for the support of his family.

16. By reason of the gross negligence, recklessness, and/ or negligence per se of the

Defendant, as set forth above, the Plaintiff is entitled to an award of punitive damages in favor of

the statutory beneficiaries of the Decedent sufficient to impress upon the Defendant the seriousness

of his actions and deter the Defendant from similar conduct in the future.

FOR A SECOND CAUSE OF ACTION

(Survival – Negligence, Gross Negligence, and Recklessness in violation of South Carolina Code
§15-5-90)

17. The allegations set forth in paragraphs one through sixteen (1-16) above are

incorporated as if repeated herein.

18. Plaintiff’s decedent suffered conscious pain and suffering, disfigurement, mental

anguish, and emotional distress, between the time he was struck and killed, and other damages as

described above.

19. Plaintiff is entitled to recover, on behalf of the estate of the Decedent, an award of

actual damages sufficient to compensate for the damages described above from the Defendant.

20. In addition, because Defendant’s actions were grossly negligent, reckless, the

Plaintiff is entitled to an award of punitive damages in favor of the Decedent’s estate sufficient to

impress upon the Defendant the seriousness of his actions and to deter similar conduct in the

future.

WHEREFORE, Plaintiff, Brooke E. Rogers as the Personal Representative of the Estate of

Jacob R. Baltz, prays for judgment against Defendant, John A. Kuhne, Jr., for actual damages,

consequential damages, and punitive damages in a sum to be determined by the jury, for attorneys’

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fees, for the costs of this action, and for such other and further relief as this Court shall deem just

and proper.

s/J. Matthew Whitehead________________

J. Matthew Whitehead (SC Bar #73803)
matt@thecarolinalawgroup.com
THE CAROLINA LAW GROUP, LLC
P.O. Box 5192 (29606)
910 E. Washington Street (29601)
Greenville, SC
(864) 312-4444
(864) 312-4447 (fax)
Greenville, SC
Attorneys for Plaintiff
February 16, 2018