ELECTRONICALLY FILED - 2018 Dec 07 10:12 AM - HORRY - COMMON PLEAS - CASE#2018CP2606897

STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS

FIFTEENTH JUDICIAL CIRCUIT
COUNTY OF HORRY C/A NO. 2018-CP-26-

G. B. by her Guardian ad Litem, )

Nicole Burgos, )
)
Plaintiff(s), )
)
vs. ) SUMMONS
)
Horry County School District, )
)
Defendant(s). )
)

TO: THE DEFENDANT ABOVE NAMED:

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

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

Complaint on the subscriber or subscribers at his or their office at Suite 209, The Courtyard,

1500 U.S. Highway 17 North, Post Office Drawer 14547, Surfside Beach, South Carolina 29587

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; the Plaintiff in this action will apply to

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

against you for the relief demanded in the Complaint.

KELAHER, CONNELL & CONNOR, P.C.

s/ Gene M. Connell, Jr.

Gene M. Connell, Jr. (S.C. Bar No. 1358)
The Courtyard, Suite 209
1500 U.S. Highway 17 North
Post Office Drawer 14547
Surfside Beach, South Carolina 29587-4547
(843) 238-5648 (phone)
(843) 238-5050 (facsimile)
gconnell@classactlaw.net
December 6, 2018 Attorneys for Plaintiff
Surfside Beach, South Carolina
 ELECTRONICALLY FILED - 2018 Dec 07 10:12 AM - HORRY - COMMON PLEAS - CASE#2018CP2606897
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS
FIFTEENTH JUDICIAL CIRCUIT
COUNTY OF HORRY C/A NO. 2018-CP-26-

G. B., by her Guardian ad Litem, )

Nicole Burgos, )
)
Plaintiff(s), )
)
vs. ) COMPLAINT
) (Personal Injury)
Horry County School District, ) JURY TRIAL
)
Defendant(s). )
)

The Plaintiff, complaining of the Defendant herein, would show and allege unto this

Honorable Court as follows:

1. The Plaintiff is a citizen and resident of Horry County, South Carolina.

2. The Plaintiff is informed and believes that the Defendant, Horry County School

District, is a governmental entity organized and existing pursuant to the laws of the State of South

Carolina and doing business as a school.

3. That on or about May 5, 2017, the minor Plaintiff was a student at the Defendant

school when a desk toppled over seriously injuring Plaintiff’s finger.

4. That the edge of the desk was razor sharp causing Plaintiff’s injury.

5. That no warnings or signs advised the Plaintiff of this dangerous condition, nor were

there employees at the scene to warn the Plaintiff of the sharp edges of the desk.

6. The Plaintiff is informed and believes that the Defendant, by and through its

agents and/or employees, was negligent, grossly negligent, willful and wanton in one or more of

the following particulars:

a. In failing to maintain the premises in a safe, clean and reasonably prudent

manner;

b. In failing to provide a reasonably safe premises for the use by the Plaintiff;
 ELECTRONICALLY FILED - 2018 Dec 07 10:12 AM - HORRY - COMMON PLEAS - CASE#2018CP2606897
c. In stocking desks with sharp edges;

d. In stocking and supplying desks without safety edges;

e. In providing dangerous desks to students;

f. In having knowledge of the dangerous desk prior to the incident;

g. In failing to supervise the student who toppled the desk;

h. In failing to properly maintain and/or implement any reasonable system of

inspection of said premises and the desks;

i. In permitting and allowing the said premises to remain in a dangerous

and/or hazardous condition including the desks;

j. In failing to warn the Plaintiff that said premises and desk was in a
dangerous and/or hazardous condition when it knew, or should have
known, of the dangerous and/or hazardous condition;

k. In failing to provide any signs or warning signs to the Plaintiff of the

dangerous and/or hazardous condition of the desks;

l. In failing to place signs in a conspicuous manner and in a conspicuous

place to warn the Plaintiff of the dangerous and/or hazardous condition
existing of the desks;

m. In failing to notify the Plaintiff through its agents and/or employees of the
dangerous and/or hazardous condition existing regarding the desk;

n. In failing to replace the desks;

o. In failing to require the student to sit correctly in the desk;

p. In failing to use that degree of skill and care that an ordinary and
reasonable person would have done under similar and like circumstances;

7. As a direct and proximate result of the negligence of the Defendant, by and

through its agents and/or employees, the Plaintiff has suffered painful and permanent injuries;

has incurred and will continue to incur medical expenses; has suffered and will continue to suffer

pain and discomfort; has suffered and will continue to suffer loss of wages and earning capacity;

has suffered and will continue to suffer a disruption to her daily routine both at home and at

work; and has suffered and will continue to suffer a loss of enjoyment of life.
2
 ELECTRONICALLY FILED - 2018 Dec 07 10:12 AM - HORRY - COMMON PLEAS - CASE#2018CP2606897
WHEREFORE, the Plaintiff prays for judgment against the Defendant for actual

damages, for punitive damages, for the costs of this action and for such other and further relief as

this Court may deem necessary, just and proper.

KELAHER, CONNELL & CONNOR, P.C.

s/ Gene M. Connell, Jr.

December 6, 2018
Surfside Beach, South Carolina
Gene M. Connell, Jr. (S.C. Bar No. 1358)
The Courtyard, Suite 209
1500 U.S. Highway 17 North
Post Office Drawer 14547
Surfside Beach, South Carolina 29587-4547
(843) 238-5648 (phone)
(843) 238-5050 (facsimile)
gconnell@classactlaw.net
Attorneys for Plaintiff