Dent V PruittHealth-Bamberg

ELECTRONICALLY FILED - 2020 Apr 07 3:48 PM - BAMBERG - COMMON PLEAS - CASE#2020CP0500060
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS

IN THE SECOND JUDICIAL CIRCUIT
COUNTY OF BAMBERG CASE NO.: 2020-CP-05-_______
Kasi Dent,
Plaintiff, SUMMONS
v.
PruittHealth – Bamberg, LLC,
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/J. Paul Porter

J. Paul Porter (#100723)
1418 Laurel Street, Ste. A
Post Office Box 11675
Columbia, South Carolina 29211
Phone: (803) 799-9530
Fax: (803) 799-9533
BAMBERG LEGAL, LLC

Justin T. Bamberg (#100337)
104 Bridge Street
Bamberg, South Carolina 29003
Phone: (803) 956-5088
Fax: (803) 956-5094
Attorneys for Plaintiff
April 7, 2020
Columbia, South Carolina
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS
IN THE SECOND JUDICIAL CIRCUIT
COUNTY OF BAMBERG CASE NO.: 2020-CP-05-_______
Kasi Dent,
Plaintiff, COMPLAINT
(Jury Trial Demanded)
v.
PruittHealth – Bamberg, LLC,
Defendant.
EMPLOYMENT CASE
The Plaintiff, complaining of the Defendant, respectfully alleges as follows.
PARTIES AND JURISDICTION
1. Plaintiff Kasi Dent is a citizen and resident of Bamberg County, South Carolina.
2. Defendant PruittHealth – Bamberg, LLC is a South Carolina corporation
headquartered in Bamberg County, South Carolina.
3. This action alleges wrongful discharge in violation of the law and underlying clear
mandate of public policy set forth in S.C. Code Ann. § 44-4-530(E) and other clear
mandates of public policy relating to the standard of nursing care in nursing home facilities.
4. That statute provides that:
An employer may not fire, demote, or otherwise discriminate against an

employee complying with an isolation or quarantine order issued pursuant to
[S.C. Code Ann. §§ 44-1-80, 110, 140, or 520-540].
5. This Court has subject matter jurisdiction over these claims which arise under South
Carolina common law.
6. This Court has personal jurisdiction over these parties who are domiciled in
Bamberg County, South Carolina.
Page 2 of 7
7. This Court has personal jurisdiction and venue over these parties because this action
is based on torts alleged to have been committed in Bamberg County, South Carolina.
8. Plaintiff requests a jury trial on this action including on any triable fact issues
underlying venue and jurisdiction.
FACTUAL ALLEGATIONS
9. Plaintiff was hired by Defendant on April 14, 2019 as an LPN Charge Nurse.
10. Defendant is a skilled care nursing home facility in Bamberg County.
11. Plaintiff was terminated by Defendant on March 11, 2020 during the COVID-19
Pandemic.
12. Plaintiff did not receive any significant disciplinary actions during her tenure.
13. Similarly, Plaintiff did not receive any performance evaluations during her tenure.
14. Plaintiff consistently met the legitimate expectations of the Defendant throughout
her employment.
15. Plaintiff reported to work on March 9, 2020.
16. That day, Defendant was supposed to be implementing COVID-19 testing
procedures to check the temperature of employees and ask them questions about potential
exposure before entering the workplace.
17. Nevertheless, Defendant was not conducting the above screening procedures when
Plaintiff arrived at work on March 9, 2020.
18. As a result, Plaintiff alerted her supervisor Kristi Barnes, the Defendant’s Director
of Nursing, that she had not been screened because no one was there conducting screenings
when she came into work.
19. Plaintiff also appropriately mentioned in this conversation that she may have come
in contact with her aunt who had come in contact with a confirmed positive COVID-19
Page 3 of 7
patient in another facility in Kershaw County where her aunt worked as a Respiratory
Therapist.
20. Plaintiff emphasized that she could not remember if she had come in contact with
her aunt before or after her exposure to the COVID patient.
21. Nevertheless, Plaintiff’s supervisor sent her home for a “14-day quarantine.”
22. After Plaintiff went home, Plaintiff next inquired via text as to whether her time off
would be covered by FMLA or if she would otherwise be paid.
23. Plaintiff did not receive any response to those text messages.
24. Plaintiff texted her supervisor again on March 10, 2020 asking if there were any
updates. Plaintiff’s supervisor responded that she was not at work that day but would circle
around the next morning.
25. On March 11, 2019, Plaintiff spoke to her aunt and learned that she had been
released from quarantine.
26. Plaintiff promptly notified her supervisor that her Aunt had been released.
27. Next, Plaintiff’s supervisor called Plaintiff and stated: “I felt like you were dishonest
about when you came in contact with your aunt, and I just don’t want you coming back.”
28. Plaintiff asked if there was anything else contributing to her termination. Her
supervisor then claimed that Plaintiff had a history of attendance problems. This did not
add up because while Plaintiff had reasonable attendance issues due to childcare issues, she
always took appropriate steps to cover emergency time off and had never been disciplined
for the same.
29. Plaintiff also emphasized that she had been honest about her certainty on when she
came in contact with her aunt and highlighted that she felt she was doing the right thing by
Page 4 of 7
disclosing that there was a chance she had come in contact given the at-risk nature of
Defendant’s patients.
30. Nevertheless, Defendant maintained Plaintiff’s termination.
31. Plaintiff also requested a formal termination letter, but Defendant refused to provide
the same.
32. Defendant also failed to provide documentation of its reason for Plaintiff’s
discharge to the South Carolina Department of Employment and Workforce.
33. Plaintiff reported her concerns with her termination to Defendant’s Administrator
and Defendant’s Corporate Hotline.
34. She heard nothing back from Defendant nonetheless.
FIRST CAUSE OF ACTION

Wrongful Discharge
35. Plaintiff realleges the foregoing where consistent.
36. Plaintiff was fired in violation of the letter, or at least the implicit clear mandate,
underlying S.C. Code Ann. § 44-4-530.
37. That statute provides that it is illegal to terminate or otherwise discriminate against
an employee because they comply with a quarantine order.
38. Plaintiff’s good faith reporting of potential COVID-19 exposure in the interests of
the safety of the Defendant’s residents was also protected under other clear mandates of
public policy in South Carolina having to do with nursing and the care of residents in Long-
Term Care Facilities. Said clear mandates of policy include:
38.1. S.C. Code Ann. § 44-81-30(1), the Bill of Rights for Residents of Long-Term
Care Facilities which provides that “Each resident must be treated with respect and
dignity and assured privacy during treatment and when receiving personal care.”
Page 5 of 7
38.2. S.C. Code Ann.§ 40-33-70 which codifies the enforceability of the nursing
code of ethics which as relevant mandate that Nurses must maintain the “primacy
of the patient’s interests” and ensure that their nursing practice is carried out with
reverence to the basic “human dignity” of their patients.
39. Plaintiff was terminated in violation of S.C. Code Ann. § 44-4-530.
40. Alternatively, Plaintiff, to the extent her termination did not technically violate the
letter of S.C. Code Ann. § 44-4-530, Plaintiff was still terminated in violation of the clear
mandates underlying that statute and the statutes related to nursing and long-term care
facilities discussed in ¶ 38 above.
41. Defendant is directly and proximately liable for Plaintiff’s termination.
42. Defendant is responsible for damages to the Plaintiff including lost wages, lost
benefits, lost earning capacity, stress and anxiety, pain and suffering, and embarrassment
and humiliation.
43. Defendant’s tortious conduct was willful, wanton, and reprehensible.
44. Plaintiff is entitled to an award of punitive damages in addition to her actual losses
to discourage Defendant from repeating the behavior it engaged in her and to punish the
Defendant for what it did.
PRAYER FOR RELIEF
45. Plaintiff realleges the foregoing where consistent.
46. Plaintiff requests a jury trial on her claims and all triable issues.
47. Plaintiff requests that the jury award, within its discretion, all damages she seeks on the
above claims including punitive damages where legally cognizable.
48. Plaintiff requests that the Court award her all equitable relief it deems just and necessary
up to and including reinstatement or front pay.
Page 6 of 7
49. Plaintiff also requests pre-judgment interest.
CROMER BABB PORTER & HICKS, LLC
BY: s/J. Paul Porter

J. Paul Porter (#100723)
1418 Laurel Street, Ste. A
Post Office Box 11675
Columbia, South Carolina 29211
Phone: (803) 799-9530
Fax: (803) 799-9533
paul@cbphlaw.com
BAMBERG LEGAL, LLC

Justin T. Bamberg (#100337)
104 Bridge Street
Bamberg, South Carolina 29003
Phone: (803) 956-5088
Fax: (803) 956-5094
Attorneys for Plaintiff
April 7, 2020
Columbia, South Carolina
Page 7 of 7

Dent V PruittHealth-Bamberg

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Dent V PruittHealth-Bamberg

Uploaded by

Copyright:

Available Formats

ELECTRONICALLY FILED - 2020 Apr 07 3:48 PM - BAMBERG - COMMON PLEAS - CASE#2020CP0500060

STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS

PruittHealth – Bamberg, LLC,

TO THE DEFENDANT ABOVE NAMED:

CROMER BABB PORTER & HICKS, LLC

BY: s/J. Paul Porter

BAMBERG LEGAL, LLC

Attorneys for Plaintiff

PruittHealth – Bamberg, LLC,

The Plaintiff, complaining of the Defendant, respectfully alleges as follows.

PARTIES AND JURISDICTION

2. Defendant PruittHealth – Bamberg, LLC is a South Carolina corporation

headquartered in Bamberg County, South Carolina.

4. That statute provides that:

An employer may not fire, demote, or otherwise discriminate against an

Carolina common law.

Bamberg County, South Carolina.

underlying venue and jurisdiction.

10. Defendant is a skilled care nursing home facility in Bamberg County.

15. Plaintiff reported to work on March 9, 2020.

16. That day, Defendant was supposed to be implementing COVID-19 testing

exposure before entering the workplace.

Plaintiff arrived at work on March 9, 2020.

when she came into work.

her aunt before or after her exposure to the COVID patient.

would be covered by FMLA or if she would otherwise be paid.

around the next morning.

released from quarantine.

for the same.

30. Nevertheless, Defendant maintained Plaintiff’s termination.

discharge to the South Carolina Department of Employment and Workforce.

and Defendant’s Corporate Hotline.

34. She heard nothing back from Defendant nonetheless.

FIRST CAUSE OF ACTION

35. Plaintiff realleges the foregoing where consistent.

underlying S.C. Code Ann. § 44-4-530.

an employee because they comply with a quarantine order.

Term Care Facilities. Said clear mandates of policy include:

reverence to the basic “human dignity” of their patients.

39. Plaintiff was terminated in violation of S.C. Code Ann. § 44-4-530.

facilities discussed in ¶ 38 above.

41. Defendant is directly and proximately liable for Plaintiff’s termination.

43. Defendant’s tortious conduct was willful, wanton, and reprehensible.

Defendant for what it did.

PRAYER FOR RELIEF

45. Plaintiff realleges the foregoing where consistent.

above claims including punitive damages where legally cognizable.

up to and including reinstatement or front pay.

CROMER BABB PORTER & HICKS, LLC

BY: s/J. Paul Porter

BAMBERG LEGAL, LLC

Attorneys for Plaintiff

You might also like