Filed Summons & Complaint 09.30.2020 PDF

ELECTRONICALLY FILED - 2020 Sep 30 2:35 PM - CHARLESTON - COMMON PLEAS - CASE#2020CP1004308
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS
COUNTY OF CHARLESTON FOR THE NINTH JUDICIAL CIRCUIT
KIANA L. STACEY, as Personal

Representative of the Estate of Kwamane CASE NO.: 2020-CP-10-_____
Terrence Mitchell,
SUMMONS
Plaintiff, (JURY-TRIAL)
vs.
County of Charleston and Charleston County

Sheriff’s Office.
Defendants.
TO: THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action, a
copy of which is hereby served on you, and to serve a copy of your Answer to the said Complaint
upon the subscriber at The MLB Law Firm, Inc. and The Pizarro Law Firm, LLC, 712 North Cedar
Street, Summerville, SC 29483 within thirty (30) days after the service hereof, exclusive of the day
of such service, and if you fail to answer the Complaint within the time aforesaid, judgment by
default will be rendered against you for the relief demanded in such Complaint.
Respectfully Submitted,
THE MLB LAW FIRM, INC THE PIZARRO LAW FIRM, LLC
s/Myesha L. Brown s/Margie A. Pizarro

Myesha L. Brown, Esquire Margie A. Pizarro, Esquire
SC Bar No: 77411 SC Bar No.: 77009
712 North Cedar Street 712 North Cedar Street
Summerville, South Carolina 29483 Summerville, South Carolina 29483
(843) 420-1191 office (843) 420-1191 office
(843) 755-4130 facsimile (843) 755-4130 facsimile
Mbrown@themlblawfirm.com Margie@pizarrolawfirm.com
ATTORNEYS FOR PLAINTIFF
September 29, 2020

Summerville, South Carolina
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS
COUNTY OF CHARLESTON FOR THE NINTH JUDICIAL CIRCUIT
KIANA L. STACEY, as Personal

Representative of the Estate of Kwamane CASE NO.: 2020-CP-10-_____
Terrence Mitchell,
COMPLAINT
Plaintiff, (JURY TRIAL)
vs.
County of Charleston and Charleston County

Sheriff’s Office.
Defendants.
I. PRELIMINARY STATEMENT
1. On April 13, 2020, at 1:40 a.m., Kwamane Terrence Mitchell was traveling along
the 2400 block of Savannah Highway in his 2013 Hyundai Genesis. At this time, Kwamane had
just surpassed the three-year mark in what he considered to be a prosperous life-changing career
as a longshoreman. He was returning to his residence on John Islands to his two (2) minor
children and his loving partner. Kwamane was traveling north in the center lane. He had full
control of his vehicle and maintained the vehicle within his lane, and he was traveling with his
headlights on. At about the same time, Charleston County Sheriff’s Deputy Jeremy Christopher
LaDue was also traveling north on Savannah Highway. He was in the far-right lane operating
his 2016 Chevrolet Caprice patrol vehicle which is owned and registered to Charleston County.
Charleston County Sheriff Deputy Jeremy LaDue was traveling in the right lane ahead of
Kwamane. It should be noted that the 2400 block of Savannah Highway consists of six (6) lanes
of travel, three lanes allow travel going north and three lanes allow travel going south. The lanes
of travel are separated by a painted median which allows stopping and turning.
Kiana L. Stacey, as Personal Representative of the Estate of Kwamane Terrence Mitchell vs. County of Charleston, et al
Complaint
Page 1 of 19
Video surveillance from April 13, 2020, revealed that while traveling north in the far-
right lane, Charleston County Sheriff Deputy Jeremy LaDue attempted to make a U-turn from
the far-right lane presumably to begin traveling south on Savannah Highway. In doing so, he
crossed the center lane in which Kwamane was traveling and caused a collision. It is important
to note that at all times Kwamane was traveling north, and at the time of the collision, none of
Charleston County Sheriff Deputy Jeremy LaDue’s emergency equipment, including but not
limited to lights and sirens, was activated as required by South Carolina law. Charleston County
Sheriff Deputy Jeremy LaDue’s vehicle collided with Kwamane’s vehicle in front of the
Hawthorne Suites by Wyndham Charleston located at 2455 Savannah Highway. Both Kwamane
and Charleston County Sheriff Deputy Jeremy LaDue were transported to the local hospital for
treatment, the Medical University of South Carolina. Both Kwamane and Charleston County
Sheriff Deputy Jeremy LaDue died as a result of the collision.
The Plaintiff brings this personal injury and wrongful death action in order to obtain
damages resulting from the Defendants’ reckless and unlawful conduct, which directly and
proximately caused the death of Kwamane Terrence Mitchell, a young man who was a devoted
father, hardworking worker, and contributing member of this community. He was loved and
respected by many and will be dearly missed.
Complaint
Page 2 of 19
II. JURISDICTION AND VENUE
2. That jurisdiction is founded upon South Carolina Common Law against “Police
Defendants” in its representative capacity, pursuant to the South Carolina Tort Claims Act (S.C.
Code Ann. § 15-78-10, et. seq.)
3. The accident on April 13, 2020 occurred in Charleston County, South Carolina.
Jurisdiction and venue are proper in Charleston County.
III. THE PARTIES
4. Plaintiff Kiana Linen Stacey is mother of the deceased minor daughter of
Kwamane Terrence Mitchell. She has been duly appointed as the Personal Representative of the
Estate of Kwamane Terrence Mitchell.
5. That Plaintiff brings this action on behalf of the Estate of Kwamane Terrence
Mitchell for damages recoverable pursuant to § 15-5-90, Code of Laws of South Carolina (1976)
and for damages recoverable by the statutory beneficiaries of Kwamane Terrence Mitchell
pursuant to § 15-51-10, et. seq. Code of Laws of South Carolina (1976, as amended). Pursuant to
S.C. Code § 15-51-20, the wrongful death beneficiary and claimant as defined by the S.C. Code
Complaint
Page 3 of 19
§15-31-26(2) and under the applicable statutory common and case law of the State of South
Carolina as set forth but not limited to that set forth herein.
6. That upon information and belief, Charleston County (hereinafter referred to as
“Defendant Charleston County”) is a political subdivision and a county entity organized and
created pursuant to the laws of the State of South Carolina. Defendant Charleston County
employs law enforcement officers and is responsible for policies, practices and customs of the
officers it employs, including but not limited to training, supervising, controlling, and
disciplinary. Defendant Charleston County is responsible for the actions of its agents and
employees within the scope of their employment. Defendant Charleston County is also the owner
and registered agent of the vehicle operated by Charleston County Sheriff Deputy Jeremy LaDue
on April 13, 2020, in Charleston County.
7. That upon information and belief, the Charleston County Sheriff’s Office
(hereinafter referred to as “Defendant Sheriff’s Office”) is a political subdivision of Charleston
County and is a county entity organized and created pursuant to the laws of the state of South
Carolina. The Sheriff’s Office is responsible for policies, practices and customs of the Charleston
County Sheriff’s Department as well as the hiring, training, supervising, controlling and
disciplinary of its deputies and employees. Defendant Sheriff’s Office is responsible for the
actions of its agents and employees within the scope of their employment.
8. That upon information and belief, Charleston County Sheriff Deputy Jeremy
LaDue, was at all times relevant to this action, an employee of Defendant Charleston County
who worked as a sheriff’s deputy in the Charleston County Sheriff’s Office. Charleston County
Sheriff Deputy Jeremy LaDue was duly appointed and an acting officer of the Defendant
Sheriff’s Office. As such, Charleston County Sheriff Deputy Jeremy LaDue was a duly
Complaint
Page 4 of 19
appointed agent authorized to enforce the laws of the State of South Carolina and was acting
under the color of the law of South Carolina at all times relevant herein. The actions committed
by Charleston County Sheriff Deputy Jeremy LaDue on April 13, 2020, resulted in his death as
well as the death of Kwamane Terrence Mitchell.
9. Plaintiff alleges these above-named Defendants Charleston County and Sheriff’s
Office are liable for the acts and omission of all Charleston County employees, including
Charleston County Sheriff Deputy Jeremy LaDue, for the negligence, gross negligence,
recklessness, and other liability forming conduct that caused harm to decedent, Kwamane
Terrence Mitchell.
IV. FACTS
10. Kwamane Terrence Mitchell was 29 years old at the time of his death on April 13,
2020.
11. He was the father of two (2) minor children, a nine-year old daughter,
Kalecie Neveah-Nicole Mitchell, and a two-year old son, Kaleb Treyvon Mitchell.
12. Kwamane graduated from North Charleston High School in 2009 and continued
his education to earn a Pharmacy Technician Certificate from Virginia College. At the time of
his death, Kwamane was a Union Member of the International Longshoreman. Kwamane was
extremely proud to join the ranks of the ILA, a coveted position in the community. He is
remembered with fondness by his ILA sisters and brothers.
13. That on April 13, 2020, at approximately 1:40 a.m., Kwamane was traveling
North on Highway 17 Savannah Highway in Charleston County, South Carolina. He was
operating a 2013 Hyundia Genesis automobile, having a vehicle identification number
KMHGC4D5DU239910.
Complaint
Page 5 of 19
14. That the 2013 Hyundia Genesis was owned and registered in Kwamane’s name,
Kwamane Terrence Mitchell.
15. That prior to the collision on April 13, 2020, at approximately 1:40 a.m.,
Kwamane was operating his 2013 Hyundai Genesis in the center lane of the highway.
16. That at or approximately the same time as Kwamane was traveling North on
Highway 17, Charleston County Sheriff Deputy Jeremy LaDue was traveling North on Highway
17 in a 2016 Chevrolet Caprice, having vehicle identification number 6G3NS5U2OGL203295.
17. That the 2016 Chevrolet Caprice operated by Charleston County Sheriff Deputy
Jeremy LaDue was owned and registered by Defendant Charleston County.
18. That on April 13, 2020, at approximately 1:40 a.m., Charleston County Sheriff
Deputy Jeremy LaDue was traveling in the right lane of the highway.
19. That at approximately 1:41 a.m., Charleston County Sheriff Deputy Jeremy
LaDue attempted to make a U-turn from the right lane of Highway 17 North presumably to travel
on Highway 17 South. In doing so, he left his lane of travel and entered the center lane in which
Kwamane was driving and had the right of way.
20. That at no time as Charleston County Sheriff Deputy Jeremy LaDue was
attempting to make the U-turn in the middle of the highway, did he activate any emergency
equipment in his 2016 Chevrolet Caprice signifying an emergency call was in progress,
including but not limited to sirens, oscillating rotating or flashing blue lights, and the like.
21. That at no time as Charleston County Sheriff Deputy Jeremy LaDue was
attempting to make a U-turn from the right lane of Highway 17 North presumably to travel on
Highway 17 South, he activated his turn signals to provide advance notice of his intention to
make a left turn.
Complaint
Page 6 of 19
22. That at the time that Charleston County Sheriff Deputy Jeremy LaDue was
attempting to make a U-turn from the right lane of Highway 17 North presumably to travel on
Highway 17 South, he entered the center lane as Kwamane Terrence Mitchell was traveling
therein and had established his position prior to Charleston County Sheriff Deputy Jeremy
LaDue’s attempt to make a U-turn.
23. That the 2016 Chevrolet Caprice operated by Charleston County Sheriff Deputy
Jeremy LaDue made contact with the vehicle operated by Kwamane Terrence Mitchell based on
the actions of Charleston County Sheriff Deputy Jeremy LaDue.
24. That Kwamane Terrence Mitchell suffered injuries and was transported by
ambulance to the Medical University of South Carolina where he succumbed to his injuries in
the emergency room.
25. That Charleston County Sheriff Deputy Jeremy LaDue suffered injuries as a result
of the collision and succumbed to those injuries.
26. That Charleston County Sheriff Deputy Jeremy LaDue while operating a patrol
vehicle knowingly, unreasonably, negligently, recklessly, and with deliberate indifference to the
safety of others on the roadway, made a U-turn from the right lane of Highway 17 North
presumably to travel on Highway 17 South. He did so without activating any warning signals or
emergency equipment. His vehicle collided with that of Kwamane Terrence Mitchell. The
actions of Charleston County Sheriff Deputy Jeremy LaDue were the direct and proximate cause
of the collision which resulted in the death of both Kwamane Terrence Mitchell and Charleston
County Sheriff Deputy Jeremy LaDue.
FOR A FIRST CAUSE OF ACTION

(WRONGFUL DEATH)
Complaint
Page 7 of 19
27. That Plaintiff incorporates the preceding allegations in paragraphs one (1) through
twenty- six (26) as if fully set verbatim.
28. That Charleston County Sheriff Deputy Jeremy LaDue’s actions caused the
wrongful death of Kwamane Terrence Mitchell, resulting in damage recoverable under S.C.
Code Ann. § 15-51-10 (2013).
29. That Charleston County Sheriff Deputy Jeremy LaDue’s negligent act of making
a U-turn in the middle of the highway caused the death of Kwamane Terrence Mitchell.
30. That as a consequence of Kwamane Terrence Mitchell’s death, his minor children
and family suffered pain, grief, sorrow, anguish, stress, shock, and mental suffering already
experienced and reasonably probable to be experienced for the rest of their lives.
31. That as a further consequence of Kwamane Terrence Mitchell’s death caused by
Charleston County Sheriff Deputy Jeremy LaDue, Plaintiff incurred medical expenses for the
injury that resulted in death, for funeral and burial costs, the destruction of power to labor and
earn income, and counseling for the minor children and other immediate family members.
32. That as a further consequence of Kwamane Terrence Mitchell’s death caused by
Charleston County Sheriff Deputy Jeremy LaDue, Plaintiff and his minor children have incurred
the loss of love, affection, companionship, care, protection, and guidance since the death and will
in the future.
33. That as a direct result of Charleston County Sheriff Deputy Jeremy LaDue’s
wrongful act, Plaintiff is entitled to compensatory damages, including, but not limited to
Kwamane Terrence Mitchell’s physical and emotional pain and suffering, medical bills, funeral
expenses, loss of his ability to earn income, counseling and grief services for the minor children.
Complaint
Page 8 of 19
34. That as a direct result of Deputy Jeremy Christopher Ladue’s willful, wanton,
reckless and wrongful act, Plaintiff is also entitled to punitive damages.
FOR A SECOND CAUSE OF ACTION

(NEGLIGENCE PER SE)
thirty-four (34) as if fully set verbatim.
36. That pursuant to SC Code Section 56-5-170, Charleston County Sheriff Deputy
Jeremy LaDue’s 2016 department-issued Chevrolet Capric was an “authorized emergency
vehicle.”
37. That Charleston County Sheriff Deputy Jeremy LaDue at all times on April 13,
2020 was operating an emergency vehicle as defined by SC Code Section 56-5-170. That
pursuant to SC Code Section 56-7-760, an operator of an emergency vehicle has certain
privileges as enumerated therein. Even though Charleston County Sheriff Deputy Jeremy
LaDue was operating an authorized emergency vehicle, his actions did not afford him any of the
privileges in SC Code Section 56-5-760 on April 13, 2020, to disregard regulations governing
direction of movement or turning in specified directions as he was not responding to an
emergency call or was in the pursuit of an actual or suspected violator of the law, nor was he
responding to but not upon returning from a fire alarm. Nor was he granted any of the
exemptions of same statute as he was not obtaining evidence of a speeding violation; responding
to a suspected crime in progress when use of an audible or visual signal, or both, could
reasonably result in the destruction of evidence or escape of a suspect; nor was he surveilling
another vehicle or its occupants who are suspected of involvement in a crime. Even further, the
provisions of SC Code Section 56-5-760 do not relieve the driver of an authorized emergency
Complaint
Page 9 of 19
vehicle from the duty to drive with due regard for the safety of all persons. Charleston County
Sheriff Deputy Jeremy LaDue did not drive with due regard of the safety of all persons,
particularly that of Kwamane Terrence Mitchell.
38. That pursuant to SC Code Section 56-5-2120 (b), the driver of a vehicle intending
to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic
moving in the direction of travel of such vehicle. Whenever practicable the left turn shall be
made to the left of the center of the intersection so as to leave the intersection or other location in
the extreme left-hand lane lawfully available to traffic moving in the same direction as the
vehicle on the roadway being entered.
39. That on April 13, 2020 at 1:41 a.m. Charleston County Sheriff Deputy Jeremy
LaDue attempted to make a U-turn from the right lane of Highway 17 North in direct violation of
SC Code Section 56-5-2120 (b).
40. Charleston County Sheriff Deputy Jeremy LaDue’s violation of SC Code Section
56-2-2120 and actions were a direct and proximate cause of the collision which resulted in the
death of Kwamane Terrence Mitchell.
41. That pursuant to SC Code Section 56-5-2140 (a) the driver of any vehicle shall
not turn such vehicle so as to proceed in the opposite direction unless such movement can be
made in safety and without interfering with other traffic…”
42. That on April 13, 2020 at 1:41 am. Charleston County Sheriff Deputy Jeremy
LaDue’s attempt to make a U-turn from the right lane of Highway was not safe and did interfere
with motorists traveling in the same direction, in particular Kwamane Terrence Mitchell
traveling North on Highway 17.
Complaint
Page 10 of 19
56-5-2140 (a) and actions were a direct and proximate cause of the collision which resulted in
the death of Kwamane Terrence Mitchell.
44. That pursuant to SC Code Section 56-5-2150 (a) and (b), No person shall turn a
vehicle or move right or left upon a roadway unless and until such movement can be made with
reasonable safety nor without giving an appropriate signal as provided for in this section. (B) A
signal of intention to turn or move right or left when required shall be given continuously during
not less than the last one hundred feet traveled by the vehicle before turning.” …”
45. That on April 13, 2020 at 1:14 a.m. Charleston County Sheriff Deputy Jeremy
LaDue did not give any appropriate signal prior to making a U-turn from the right lane and was
done in a manner that was unsafe resulting in his vehicle colliding with Kwamane Terrence
Mitchell’s vehicle. Further, Charleston County Sheriff Deputy Jeremy LaDue did not provide
appropriate signaling of his intention to turn left at least one hundred feet before making the turn.
56-5-2150 (a) and (b) was a direct and proximate cause of the collision and which resulted in the
47. That pursuant to SC Code Section 56-5-2170, “all signals herein required given
by hand and arm shall be given from the left side of the vehicle in the following manner, and
such signals shall indicate as follows: (1) Left turn, hand and arm extended horizontally…”
48. That on April 13, 2020 at 1:41 a.m., Charleston County Sheriff Deputy Jeremy
LaDue did not give appropriate hand signals as required by SC Code 56-5-2170 prior to making
a U-turn from the right lane of Highway 17 North.
Complaint
Page 11 of 19
56-5-2150 (a) and (b) was a direct and proximate cause of the collision and which resulted in the
50. That pursuant to SC Code Section 56-5-2320, the driver of a vehicle intending to
turn to the left within an intersection or into an alley, private road or driveway shall yield the
right-of-way to any vehicle approaching from the opposite direction which is within the
intersection or so close thereto as to constitute an immediate hazard.”
LaDue attempted to make a U-turn from the right lane of Highway 17 North presumably to travel
on Highway 17 South. Charleston County Sheriff Deputy Jeremy LaDue entered the center lane
occupied by Kwamane Terrence Mitchell. Kwamane Terrence Mitchell was traveling straight
and had fully established himself in position in the center lane of Highway North. Charleston
County Sheriff Deputy Jeremy LaDue’s U-turn interfered with Kwamane Terrence Mitchell’s
right of way which cause the collision.
52. Charleston County Sheriff Deputy Jeremy LaDue’s violation of SC Code 56-5-
2320 was a direct and proximate cause of the collision and which resulted in the death of
Kwamane Terrence Mitchell.
53. That pursuant to SC Code Section 56-5-6520, “the driver and every occupant of a
motor vehicle, when it is being operated on the public streets and highways of this State, must
wear a fastened safety belt which complies with all provisions of federal law for its use.
LaDue was not wearing a fasten safety belt as required by SC Code Section 56-5-6520.
Complaint
Page 12 of 19
55. That Charleston County Sheriff Deputy Jeremy LaDue attempted to make a U-
turn without activating his emergency equipment, to include but not limited to lights and sirens
as required by law.
56. That Charleston County Sheriff Deputy Jeremy LaDue’s actions violated the
aforementioned SC Code Sections and/or his actions did not comport with same. Charleston
County Sheriff Deputy Jeremy LaDue, was and is, therefore negligent per se.
57. That as a direct and proximate result of Deputy Jeremy Christopher Ladue’s
negligence per se and willful recklessness at the above time and place, as hereinabove alleged,
Kwamane Terrence Mitchell suffered significant bodily injury for an unspecified period of time
until his death.
58. That the Plaintiff is entitled to actual damages and punitive damages due to
willful and recklessness of Charleston County Sheriff Deputy Jeremy LaDue’s actions, in the
following particulars to wit:
a. Physical pain and suffering;
b. Medical expenses;
c. Funeral expenses;
d. Loss of income;
e. Loss of earning capacity; and
f. Loss of consortium.
FOR A THIRD CAUSE OF ACTION

(GROSS NEGLIGENCE)
fifty-eight (58) as if fully set verbatim.
Complaint
Page 13 of 19
60. That at all relevant times, Charleston County Sheriff Deputy Jeremy LaDue owed
Kwamane Terrence Mitchell a duty of care to drive prudently, safely, and within the bounds of
the law; including a duty to exercise reasonable care, reasonable and prudent under the
circumstances; including the control of traffic movements and turning movement so as to avoid
colliding with another vehicle.
61. That Charleston County Sheriff Deputy Jeremy LaDue was negligent, grossly
negligent, willful, wanton and demonstrated a careless and reckless disregard for citizens,
motorists, and pedestrians all of whom could have reasonably been foreseen to be in the area at
the time of the motor vehicle collision.
62. That on or about April 13, 2020, Charleston County Sheriff Deputy Jeremy
LaDue was negligent, reckless, willful, wanton, careless, and grossly negligent, and was in
violation of the statutory laws of the State of South Carolina and the rules and regulations of the
South Carolina Highway Department, in the following particulars:
a. By making an illegal U-turn in the direction of others traveling the same way;
b. By turning in front of ongoing traffic;
c. By failing to keep a proper lookout; and/or
d. By being inattentive at the time of the subject accident; and/or
e. By failing to yield the right of way to traffic going the same way; and/or
f. In failing to stop, swerve, slow down or take other evasive action so as to avoid
the collision; and/or
g. By recklessly and/or carelessly operating the subject vehicle at the time of the
subject accident; and/or
h. By failing to react to the other vehicles in the roadway; and/or
Complaint
Page 14 of 19
i. By failing to adhere and/or comply with traffic regulations; and/or
j. By failing to apply the brakes in a reasonable and timely manner; and/or
k. By driving without observing and/or obeying traffic statutes; and/or
l. By driving without observing and/or obeying applicable state and federal laws,
rules and/or regulations pertaining to motor carriers; and/or
m. By driving in a reckless manner; and/or
n. In operating his vehicle in an unlawful manner and in reckless disregard for the
rights of others, especially for Kwamane Mitchell; and/or
o. In failing to use the degree of care that a reasonable and prudent person should
have exercised under the existing conditions and circumstances; and/or
p. In failing to use the degree of care that a reasonable and prudent person should
have exercised under the existing conditions and circumstances then and there
prevailing to avoid injury and damage to others, especially to Kwamane Mitchell;
and/or
q. Was otherwise negligent and reckless in the operation of the subject vehicle.
63. That at the time Charleston County Sheriff Deputy Jeremy LaDue was operating a
county vehicle, therefore, Defendant Charleston County failed to adequately and properly train
officer Charleston County Sheriff Deputy Jeremy LaDue on the traffic regulations and
exceptions/non-exceptions for police officers.
64. That Defendant Charleston County and Defendant Sheriff’s Office negligence is
based on “its duties as the owner of an automobile, and a breach of those duties that either
caused or contributed to the negligent operation of that vehicle by the police officer.” McPherson
v. Michigan Mutual Ins. Co., 306 S.C. 456, 412 S.E.2d 445 (Ct.App.1991).
Complaint
Page 15 of 19
65. Each of the Defendants breached their respective ministerial duties of reasonable
care owed to Kwamane Terrence Mitchell, with said breaches serving as direct and proximate
causes of his injuries and damages.
66. That Defendants’ failures to adhere to their ministerial duties owed to Kwamane
Terrence Mitchell were a substantial role in his death and the claimed damages herein.
67. Plaintiff’s damages secondary to the Defendants’ conduct include Kwamane
Terrence Mitchell’s physical and emotional pain and suffering, destruction of power to labor and
earn income, medical expenses, funeral and burial costs, as well any other damages secondary to
the actions of the Defendants.
68. Plaintiff is entitled to punitive damages due to Defendants’ conduct.
FOR A FOURTH CAUSE OF ACTION

(SURVIVAL ACTION)
sixty-eight (68) as if fully set verbatim.
70. That the acts and/or omissions committed by the Defendants were each a
contributing and proximate cause to the death of Kwamane Terrence Mitchell and caused him
conscious pain and suffering prior to succumbing to his injuries, to include mental shock,
wounded feelings, grief, sorrow, extreme fear, and all other applicable damages allowable under
the South Carolina Survival Act, §15-5-90, et seq.
71. Plaintiff is entitled to secondary damages as a result of the Defendants’ conduct to
include Kwamane Terrence Mitchell’s physical and emotional suffering.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Complaint
Page 16 of 19
FOR A SIXTH CAUSE OF ACTION
(RESPONDEAT SUPERIOR)
seventy-one (71) as if fully set verbatim.
73. Defendants County of Charleston and Charleston County Sheriff’s Office are
vicariously liable pursuant to the doctrine of respondeat superior for the conduct of its
employees or agents. Deputy Jeremy Christopher Ladue’s conduct was committed during the
course and scope of his employment and official duties with Defendant County of Charleston
and Charleston County Sheriff’s Office.
74. As a direct and proximate cause of the negligent, gross negligent, reckless, willful
and/ or wanton acts and/or omissions of Deputy Jeremy Christopher Ladue as set forth above,
Kwamane Terrence Mitchell has suffered significant injuries and death.
75. Plaintiff is entitled to compensatory damages and punitive damages from
Defendants in an amount to be determined by the trier of fact.
FOR A SEVENTH CAUSE OF ACTION

(NEGLIGENT SUPERVISION/ TRAINING)
seventy-five (75) as if fully set verbatim.
77. As an agency of the State of South Carolina and Charleston County Sheriff
Deputy Jeremy LaDue’s employer, Defendant County of Charleston and Charleston County
Sheriff’s Office, owed a duty of care to Kwamane Terrence Mitchell and the general public to
adequately and sufficiently train and supervise its law enforcement employees in the proper laws
of the highway and appropriate methods.
Complaint
Page 17 of 19
78. At all times relevant herein, Charleston County Sheriff Deputy Jeremy LaDue
acted in his capacity as a South Carolina Law Enforcement Officer, under the control of
Defendants County of Charleston and Charleston County Sheriff’s Office and was using the
property of County of Charleston when he committed the reckless and wanton act which resulted
in the death of Kwamane Terrence Mitchell.
79. As Charleston County Sheriff Deputy Jeremy LaDue’s employer, County of
Charleston and Charleston County Sheriff’s Office had the ability to control Ladue’s conduct.
Defendant County of Charleston and Charleston County Sheriff’s Office either (1) knew or
should have known of the unfitness of its agents or employees, and yet employed Charleston
County Sheriff Deputy Jeremy LaDue or continued to employ him, failed to adequately train
and/or supervise him regarding the proper and constitutional methods of law enforcement and or
using his services without proper instruction with a reckless disregard of the rights of others,
including Kwamane Terrence Mitchell; (2) authorized the reckless conduct of Charleston County
Sheriff Deputy Jeremy LaDue; or (3) ratified the reckless conduct of Charleston County Sheriff
Deputy Jeremy LaDue, and said reckless conduct of Charleston County Sheriff Deputy Jeremy
LaDue resulted in the death of Kwamane Terrence Mitchell.
80. As a direct and proximate cause of the above-mentioned carelessness and/or
negligence of Defendants County of Charleston and Charleston County Sheriff’s Office, Plaintiff
has suffered injury and damages.
81. Plaintiff is entitled to judgment against Defendants for compensatory and punitive
damages in an amount to be determined by a jury.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Complaint
Page 18 of 19
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays this Honorable Court enter Judgment against the
Defendants in favor of the Plaintiff, jointly and severally, as follows:
A. Compensatory damages in an amount to be shown at trial;
B. Punitive damages in amount to be determined by the jury;
C. Costs incurred in this action and reasonable attorney fees;
D. Prejudgment and post-judgment interest; and
E. Such other and further relief as the Court may deem just and proper.
THE MLB LAW FIRM, INC THE PIZARRO LAW FIRM, INC
s/Myesha L. Brown s/Margie A. Pizarro

Myesha L. Brown, Esquire Margie A. Pizarro, Esquire
SC Bar No: 77411 SC Bar No.: 77009
712 North Cedar Street 712 North Cedar Street
Summerville, South Carolina 29483 Summerville, South Carolina 29483
(843) 420-1191 office (843) 420-1191 office
(843) 755-4130 facsimile (843) 755-4130 facsimile
Mbrown@themlblawfirm.com Margie@pizarrolawfirm.com
ATTORNEYS FOR PLAINTIFF
Complaint
Page 19 of 19

Filed Summons & Complaint 09.30.2020 PDF

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ELECTRONICALLY FILED - 2020 Sep 30 2:35 PM - CHARLESTON - COMMON PLEAS - CASE#2020CP1004308

STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS

COUNTY OF CHARLESTON FOR THE NINTH JUDICIAL CIRCUIT

KIANA L. STACEY, as Personal

County of Charleston and Charleston County

TO: THE ABOVE-NAMED DEFENDANTS:

s/Myesha L. Brown s/Margie A. Pizarro

ATTORNEYS FOR PLAINTIFF

September 29, 2020

COUNTY OF CHARLESTON FOR THE NINTH JUDICIAL CIRCUIT

KIANA L. STACEY, as Personal

County of Charleston and Charleston County

Sheriff Deputy Jeremy LaDue died as a result of the collision.

respected by many and will be dearly missed.

Code Ann. § 15-78-10, et. seq.)

Jurisdiction and venue are proper in Charleston County.

III. THE PARTIES

4. Plaintiff Kiana Linen Stacey is mother of the deceased minor daughter of

Estate of Kwamane Terrence Mitchell.

6. That upon information and belief, Charleston County (hereinafter referred to as

on April 13, 2020, in Charleston County.

(hereinafter referred to as “Defendant Sheriff’s Office”) is a political subdivision of Charleston

well as the death of Kwamane Terrence Mitchell.

9. Plaintiff alleges these above-named Defendants Charleston County and Sheriff’s

remembered with fondness by his ILA sisters and brothers.

North on Highway 17 Savannah Highway in Charleston County, South Carolina. He was

operating a 2013 Hyundia Genesis automobile, having a vehicle identification number

Kwamane Terrence Mitchell.

17 in a 2016 Chevrolet Caprice, having vehicle identification number 6G3NS5U2OGL203295.

Jeremy LaDue was owned and registered by Defendant Charleston County.

Kwamane was driving and had the right of way.

make a left turn.

LaDue’s attempt to make a U-turn.

the actions of Charleston County Sheriff Deputy Jeremy LaDue.

the emergency room.

of the collision and succumbed to those injuries.

County Sheriff Deputy Jeremy LaDue.

FOR A FIRST CAUSE OF ACTION

twenty- six (26) as if fully set verbatim.

Code Ann. § 15-51-10 (2013).

31. That as a further consequence of Kwamane Terrence Mitchell’s death caused by

32. That as a further consequence of Kwamane Terrence Mitchell’s death caused by

reckless and wrongful act, Plaintiff is also entitled to punitive damages.

FOR A SECOND CAUSE OF ACTION

thirty-four (34) as if fully set verbatim.

Jeremy LaDue’s 2016 department-issued Chevrolet Capric was an “authorized emergency

pursuant to SC Code Section 56-7-760, an operator of an emergency vehicle has certain

direction of movement or turning in specified directions as he was not responding to an

particularly that of Kwamane Terrence Mitchell.

vehicle on the roadway being entered.

SC Code Section 56-5-2120 (b).

death of Kwamane Terrence Mitchell.

made in safety and without interfering with other traffic…”

traveling North on Highway 17.

the death of Kwamane Terrence Mitchell.

death of Kwamane Terrence Mitchell.

a U-turn from the right lane of Highway 17 North.

death of Kwamane Terrence Mitchell.

intersection or so close thereto as to constitute an immediate hazard.”

right of way which cause the collision.

Kwamane Terrence Mitchell.

until his death.