ELECTRONICALLY FILED - 2017 Oct 11 2:48 PM - HORRY - COMMON PLEAS - CASE#2017CP2606643

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

)
COUNTY OF HORRY ) CIVIL ACTION 2017-CP-26-________

SARAH WOOD, Individually and As )

Parent and Natural Guardian of L.W., A )
Minor, )
)
Plaintiff, )
SUMMONS
)
(Jury Trial Requested)
v. )
)
HORRY COUNTY SCHOOL DISTRICT, )
)
Defendant. )

TO THE DEFENDANTS 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 said Complaint
in the subscribed to James B. Moore, III, EVANS MOORE, LLC, 121 SCREVEN STREET,
GEORGETOWN, SOUTH CAROLINA, 29440 within THIRTY (30) DAYS after the service
hereof, exclusive of the date 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 the
Complaint.
EVANS MOORE, LLC

s/Scott C. Evans
Scott C. Evans, SC Bar #77684
James B. Moore III, SC Bar #74268
121 Screven Street
Georgetown, SC 29440
Office: (843) 995-5000
Fax: (843) 527-4128
scott@evansmoorelaw.com
james@evansmoorelaw.com

Amy Lawrence, SC Bar #77242

Justin Lovely, SC Bar #79073
The Lovely Law Firm
804 N Oak St, Myrtle Beach, SC 29577
 ELECTRONICALLY FILED - 2017 Oct 11 2:48 PM - HORRY - COMMON PLEAS - CASE#2017CP2606643
Office: (843) 839-4111
amy@justiceislovely.com
justin@justiceislovely.com

Attorneys for the Plaintiff

October 11, 2017

Georgetown, South Carolina
 ELECTRONICALLY FILED - 2017 Oct 11 2:48 PM - HORRY - COMMON PLEAS - CASE#2017CP2606643
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
)
COUNTY OF HORRY ) CIVIL ACTION 2017-CP-26-___________

SARAH WOOD, Individually and As )

Parent and Natural of L.W., A Minor, )
)
Plaintiff, )
)
v. ) COMPLAINT
) (Jury Trial Requested)
HORRY COUNTY SCHOOL DISTRICT, )
)
Defendant. )
)

The Plaintiff, Sarah Wood, Individually and As Parent and Natural Guardian of L.W., a

Minor, by and through her undersigned attorneys, complaining of the above-named Defendant

would allege and show unto the Court the following:

JURISDICTION AND VENUE

1. The Plaintiff, Sarah Wood, is a resident of Aiken County, South Carolina and the

mother and legal guardian of L.W., a minor (hereinafter Minor Plaintiff).

2. Defendant Horry County School District is a subdivision of the State of South

Carolina, located in Horry County, South Carolina.

3. Venue in this Court is proper, as the most substantial acts and omissions giving rise

to the causes of action occurred in Horry County, South Carolina.

FACTS

4. In October 2016, Minor Plaintiff was a student at North Myrtle Beach Middle

School.

5. Minor Plaintiff was a football player for North Myrtle Beach Junior High B-team.

6. On October 20, 2016, Minor Plaintiff played in a football game. After the buzzer

sounded ending the second quarter, Minor Plaintiff was hit by multiple players. Minor Plaintiff
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voiced to his teammates and to coaching staff that he was having difficulty with his

balance/equilibrium following this hit. Further, the Minor Plaintiff exhibited outward signs of

confusion, loss of balance, and visual impairment. These symptoms and Minor Plaintiffs

complaints regarding the same continued during the halftime break.

7. Despite his open and obvious signs of head trauma, Minor Plaintiff was put back

into the game to play during the third quarter. During the third quarter, Minor Plaintiff was hit on

multiple occasions, thereby seriously exacerbating his head trauma. Minor Plaintiff could be seen

staggering down the sidelines during the third quarter and attempting to continue plays after the

whistle, but was at no point removed from the game.

8. Immediately following the October 20, 2016 game, Minor Plaintiff was diagnosed

with a serious brain injury. Minor Plaintiff was unable to attend classes due to the loss of short-

term and long-term memory associated with his severe head injury and traumatic brain injury.

9. As a result of the grossly negligent failure to adhere to general safety practices as

well as concussion and head trauma protocols, Minor Plaintiff has suffered serious physical and

emotional injuries.

FIRST CAUSE OF ACTION

By Plaintiff As Parent and Natural Guardian of Minor Plaintiff
(Negligence/Gross Negligence/Recklessness)

10. The previous paragraphs are incorporated as if fully stated herein.

11. Defendant owed a duty of care to Minor Plaintiff to maintain a reasonable, safe

environment for the children participating in football for the North Myrtle Beach Junior High B-

team.

12. Defendant breached this duty and was therefore negligent, reckless, and grossly

negligent in the following particulars:

a. Failing to exercise slight care to maintain a safe environment;

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b. Failing to exercise slight care enforce school policies and procedures regarding

concussion and head trauma protocols;

c. Failing to exercise slight care to recognize that the Minor Plaintiff was exhibiting

signs of a severe head injury;

d. Failing to exercise slight care to remove Minor Plaintiff from the game;

e. Failing to exercise slight care to procure immediate medical attention for Minor

Plaintiff;

f. Failing to exercise slight care in the supervision of players;

g. Failing to exercise slight care in the hiring, retention, and supervision of coaching

staff;

h. Failing to exercise slight care to provide a competent replacement trainer to stand

in for the team trainer who was attending a work conference in another state during

the October 20, 2016 game in which the Plaintiff was injured; and

i. Failing to use the degree of care and caution that a reasonable, prudent person

would have used under the same or similar circumstance.

13. These breaches of the duty of care directly and proximately caused Plaintiff

substantial physical, mental and emotional damage.

FOR A SECOND CAUSE OF ACTION

By Plaintiff Individually
(Loss of Services and Medical Expenses)

14. The previous paragraphs are incorporated as if fully stated herein.

15. Plaintiff is the parent and natural guardian of Minor Plaintiff.

16. As a direct and proximate result of the aforementioned acts and omissions by the

Defendant, Plaintiff has been injured and damaged in Actual and Consequential Damages as

follows:

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i. pre-trial medical expenses of Minor Plaintiff; and

ii. post-trial and future medical expenses of Minor Plaintiff.

17. Based on the foregoing allegations, the Plaintiff is entitled to an award of ACTUAL

and CONSEQUENTIAL DAMAGES.

WHEREFORE, Plaintiff prays for judgment against the Defendant for ACTUAL and

CONSEQUENTIAL DAMAGES, together with costs of this action, and for such other and further

relief as this Court may deem fit, just, and proper, including but not limited to:

a. for the costs and disbursements of this action;

b. for prejudgment interest at the rate authorized by the South Carolina Supreme Court

and S.C. Code Ann. 34-31-20 (B); and

c. for such other and further relief as the Court may deem just and proper.

TRIAL BY JURY IS DEMANDED.

Respectfully submitted,

EVANS MOORE, LLC

s/Scott C. Evans
Scott C. Evans, SC Bar #77684
James B. Moore III, SC Bar #74268
121 Screven Street
Georgetown, SC 29440
Office: (843) 995-5000
Fax: (843) 527-4128
scott@evansmoorelaw.com
james@evansmoorelaw.com

Amy Lawrence, SC Bar #77242

Justin Lovely, SC Bar #79073
The Lovely Law Firm
804 N Oak St, Myrtle Beach, SC 29577
Office: (843) 839-4111
amy@justiceislovely.com
justin@justiceislovely.com

Attorneys for the Plaintiff

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Georgetown, South Carolina
October 11, 2017