ELECTRONICALLY FILED - 2020 Nov 30 4:15 PM - HORRY - COMMON PLEAS - CASE#2020CP2606920

State of South Carolina ) In the Court of Common Pleas

) for the Fifteenth Judicial Circuit
County of Horry )
)
TAMRA BROACH (Guardian) ) Case No. 20-CP-26-
JOHN DOE (minor child) )
)
Plaintiff(s), )
)
v. )
) Summons
ST. JAMES ELEMENTARY SCHOOL, ) (Jury Trial Requested)
HORRY COUNTY SCHOOLS, )
HORRY COUNTY SCHOOL DISTRICT, )
& SCHOOL DISTRICT OF HORRY )
COUNTY, )
)
Defendants. )
)

TO THE DEFENDANTS ABOVE NAMED:

YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action, a copy
which is served upon you, and to serve a copy of your Answer of the Complaint on the Law
Office of William J. Luse, 917 Broadway Street, Myrtle Beach, South Carolina, 29577, and on
the Horry County Clerk of Court at 1301 Second Avenue, Conway, SC 29526 within thirty (30)
days after service on you, exclusive of the date of such service; and if you fail to Answer this
Complaint within thirty (30) days, judgment by default will be rendered against you in Court for
the relief demanded in the Complaint.
Law Office of William J. Luse

S/William J. Luse________________
William J. Luse, Esquire
SC Bar No: 72790
Attorney for the Plaintiffs
917 Broadway Street
Myrtle Beach, SC 29577
Myrtle Beach, SC 843-839-4795, Fax: 843-839-4815
November 30, 2020 bill@getlusenow.com

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 ELECTRONICALLY FILED - 2020 Nov 30 4:15 PM - HORRY - COMMON PLEAS - CASE#2020CP2606920
State of South Carolina ) In the Court of Common Pleas
) for the Fifteenth Judicial Circuit
County of Horry )
)
TAMRA BROACH (Guardian) )
JOHN DOE (Minor Child) )
) Case No. 20-CP-26-_____
)
Plaintiff(s), )
)
v. ) Complaint
) (Jury Trial Requested)
ST. JAMES ELEMENTARY SCHOOL, )
HORRY COUNTY SCHOOLS, )
HORRY COUNTY SCHOOL DISTRICT, )
& SCHOOL DISTRICT OF HORRY )
COUNTY, )
)
Defendants. )
)

The Plaintiffs, by and through their undersigned counsel do hereby make the following

claims and allegations.

JURISIDICTION

1. Plaintiff Tamra Broach is currently a resident of Georgetown County in the State of

South Carolina. The claims giving rise to this action against the Defendants arose in

Horry County South Carolina. Plaintiff Tamra Broach is the guardian of Plaintiff John

Doe a minor child.

2. Plaintiff John Doe is a minor child and is currently a resident of Georgetown County in

the State of South Carolina. The claims giving rise to this lawsuit against Defendants

arose while Plaintiff was a student at St. James Elementary School which is located in

Myrtle Beach, South Carolina.

3. Defendant St. James Elementary School is a public elementary school owned and

operated by the State of South Carolina. St. James Elementary School is located in Myrtle

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Beach, South Carolina. St. James Elementary School is a governmental agency within the

meaning of the South Carolina Tort Claims Act, and it is organized and existing under the

laws of the State of South Carolina.

4. Defendant Horry County Schools is a public school system owned and operated by the

State of South Carolina. Horry County Schools operates and controls St. James

Elementary School in Myrtle Beach, South Carolina. Horry County Schools is a

governmental agency within the meaning of the South Carolina Tort Claims Act, and it is

organized and existing under the laws of the State of South Carolina.

5. Defendant Horry County School District is a public school system owned and operated

by the State of South Carolina. Horry County School District operates and controls St.

James Elementary School in Myrtle Beach, South Carolina. Horry County School District

is a governmental agency within the meaning of the South Carolina Tort Claims Act, and

it is organized and existing under the laws of the State of South Carolina.

6. Defendant School District of Horry County is a public school system owned and operated

by the State of South Carolina. School District of Horry County operates and controls St.

James Elementary School in Myrtle Beach, South Carolina. School District of Horry

County is a governmental agency within the meaning of the South Carolina Tort Claims

Act, and it is organized and existing under the laws of the State of South Carolina.

7. That all parties and subject matter herein mentioned are within the jurisdiction of this

Honorable Court.

FACTS

8. Plaintiff John Doe was a student at St. James Elementary School during the 2017- 2019

school years.

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9. During Plaintiff John Doe’s time at St. James elementary School he continued to suffer

from headaches, sore throats, mouth sores, fatigue, depression, mood dysregulation and

general malaise.

10. John Doe did not suffer from headaches, sore throats, mouth sores, fatigue, depression,

mood dysregulation or general malaise prior to attending St. James Elementary School.

11. John Doe sought repeated medical treatment for his symptoms while attending St. James

Elementary School.

12. Eventually John Doe had blood work done as the result of his continued aliments. The

Plaintiff’s blood work reveled exposure to mold and mycotoxins.

13. Further testing on John Doe revealed several infections which were all associated with

mold and mycotoxins.

14. During John Doe’s enrollment at St. James Elementary School it was discovered that

several Horry County Schools including, but not limited to, St. James Elementary School

had mold and toxic mold issues within the schools.

15. Upon information and belief Defendants had knowledge of water damage, water leaks

and mold issues for years within numerous Horry County Schools including, but not

limited to, St. James Elementary School.

16. Despite Defendants having knowledge of water damage, water leaks and mold issues for

years within Horry County Schools including, but not limited to, St. James Elementary

School the Defendants refused and or neglected to make necessary repairs and remove

toxic mold from numerous school buildings including, but not limited to, St. James

Elementary School.

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17. Students of Horry County Schools including, John Doe, began to get and continued to

have health issues as a result of toxic mold levels within Horry County Schools

including, but not limited to, St. James Elementary School.

18. Upon information and belief, Defendants eventually ran at least two sets of mold test on

numerous Horry County Schools including, but not limited to, St. James Elementary

School.

19. Upon information and belief, toxic mold levels were found in numerous Horry County

Schools including, but not limited to, St. James Elementary School after mold test were

performed.

20. Defendants after years of neglect eventually hired a mold remediation company to

remove the toxic and unsafe mold from St. James Elementary School and/or other Horry

County Schools.

21. Defendants failed to hire a qualified mold remediation company after years of neglect

which then required a second mold remediation company to be hired to clean up the toxic

mold levels still left in the Horry County Schools including, but not limited to, St. James

Elementary School.

22. Upon information and belief, Defendants ran a toxic mold test after the first toxic mold

remediation company performed work on Defendants’ Schools including St. James

Elementary School and toxic mold levels continued to be found within St. James

Elementary School and/or other Horry County Schools.

23. Defendants then hired a second mold remediation company to perform mold remediation

services on St. James Elementary School and/or other Horry County Schools because of

the continued high toxic and unsafe mold levels.

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24. Plaintiff, John Doe continued to receive medical treatment at various health care

providers for numerous health issues relating to exposure to toxic mold.

25. John Doe’s family told Defendants about his on-going health issues and that his treating

physician had diagnosed him with being infected with toxic mold and mycotoxins during

his enrollment at St. James Elementary School.

26. John Doe and his family requested that he be transferred out of St. James Elementary

School based on his ongoing health issues and continued exposure to toxic molds while

attending St. James Elementary School.

27. Despite John Doe’s request to be transferred to a school which would not expose him to

unsafe toxic mold the Defendants refused to allow John Doe to transfer schools unless a

large transfer fee of 4,854.00 was paid to the Defendants.

28. John Doe’s family did in fact pay the Defendants exorbitant $4,854.00 transfer fee so that

John Doe would not be forced to continually be exposed to unsafe, harmful and toxic

mold levels at St. James Elementary School.

29. School boards and school districts serve in a in loco parentis position and as such are

required to fix unsafe conditions including those caused by mold so that students are not

subjected to deadly and unsafe conditions and exposure to toxic molds.

30. Defendants knew, or should have known, of the toxic mold problems in John Doe’s

school when the Defendants were aware of repeated issues with water damages, water

leaks and mold within St. James Elementary School. Defendants failed to fix the water

and mold problems throughout John Doe’s enrollment at St. James Elementary School.

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31. Defendants harmed the Plaintiffs by putting John Doe into an unsafe and uninhabitable

school which contained numerous toxic levels of mold and/or fungi and had severe

moisture problems and water damage.

32. Plaintiffs have suffered damages as the result of the Defendants’ negligence in placing

and in keeping John Doe enrolled in a school with toxic mold levels and extremely high

moisture conditions.

33. Plaintiffs have suffered damages as the result of the Defendants’ failure to take proper

corrective actions to help mitigate the damages suffered by the Plaintiffs by either

removing the toxic mold and/or mold levels from John Doe’s school, stopping the water

and moisture problems from occurring or moving John Doe to a different school that did

not contain toxic mold levels and extremely moist conditions.

34. The toxic mold levels and moisture were so severe at St. James Elementary School that

John Doe was forced to transfer to another school in order to avoid the toxic mold and

contaminated conditions at St. James Elementary School.

35. Defendants failed to provide John Doe and other students with a school that was safe

from hazardous and toxic conditions in blatant violation of their duties and obligations to

the well being and safety of students while serving in a in loco parentis position.

36. Upon information and belief, the Defendants were aware of the toxic mold and

contamination in John Doe’s school and intentionally and maliciously covered up the

mold in an effort to hide the toxic mold from the Plaintiffs or other prospective students

and their parents.

37. Upon information and belief, the Defendants were aware of the extremely moist

conditions at John Doe’s school and water problems causing the mold and intentionally

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and maliciously covered up the water and mold issues in an effort to hide hazardous

conditions at St. James Elementary School and/or other Horry County Schools so that

John Doe and other students and their parents would continue to allow their children to

attend St. James Elementary School.

38. Upon information and belief, Defendants allowed teachers and other personnel who

worked at St. James Elementary School the option to transfer to other schools within the

district because of the toxic mold and unsafe working conditions found at St. James

Elementary School. Shockingly, despite the Defendants allowing district employees the

option to transfer to other district schools because of unsafe conditions at St. James

Elementary the Defendants continued to not disclose the unsafe conditions at St. James

Elementary School to the students and/or their parents. Defendants continued to allow

students to enroll at St. James Elementary School without warning them of the hazardous

conditions despite finding it necessary to warn their own employees about the hazardous

and unsafe conditions including, but not limited to, toxic mold found at St. James

Elementary School.

39. That Defendants’ behavior in knowingly and intentionally enrolling John Doe and other

children in a school which contained toxic mold and which was hazardous to students

safety and wellbeing was grossly negligent and reckless and done with complete

disregard to the rights or the health of the Plaintiffs or other potential students and their

parents.

40. Plaintiffs have suffered damages as a result of the actions of the Defendants.

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FOR A FIRST CAUSE OF ACTION
Negligence/Gross Negligence
(South Carolina Tort Claims Act, S.C. Code Ann. § 15-78-10, et. seq.)

41. The allegations of the preceding paragraphs are hereby incorporated and alleged as if

fully set forth herein.

42. At all times set forth herein, Defendants owed Plaintiff John Doe a student in its custody

and control, a responsibility to supervise, protect and ensure that students including John

Doe are safe from hazardous conditions including, but not limited to, toxic mold.

43. At all times set forth herein, Defendants owed Plaintiff Tamra Broach as a parent and/or

guardian a responsibility to supervise, protect and ensure that the students in the

Defendants care were safe and not exposed to hazardous conditions including, but not

limited to, toxic mold.

44. At all times set forth herein, Defendants owed the Plaintiffs a duty of care to protect the

students enrolled in Horry County Schools from hazardous and unsafe conditions

including, but not limited to, exposure to toxic mold(s).

45. At all times set forth herein, Defendants owed a duty of care to disclose any latent defects

including, but not limited to, disclosing toxic mold levels, extremely moist conditions or

continuous water leaks within Defendants’ school buildings to enrolled students and to

the enrolled students’ parents or guardians.

46. Defendants owed a duty of care to all enrolled students and their parents or guardians that

the Defendants’ school buildings would be habitable and will not harm the health and

well being or an ordinary person.

47. Defendants owe a duty of care to the Plaintiffs and other enrolled students and their

parents or guardians to fix and/or correct problems with Defendants’ school buildings

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within a reasonable amount of time after the Defendants become constructively or

actually aware of the problem, including, but not limited to, removing toxic mold levels

from the Defendants’ school buildings and resolving excessive moisture conditions

and/or fixing water leaks.

48. Defendants acted in a willful and wanton fashion with gross negligence and recklessness

and breached these duties to Plaintiffs by failing to exercise a slight degree of care in the

following particulars:

a) By failing to properly maintain the Defendants’ school buildings in a safe condition

for students;

b) By failing to make timely repairs to Defendants’ school buildings to prevent

continued exposure to hazardous conditions including, but not limited to, toxic mold;

c) By failing to conduct preventative and routine maintenance of Defendants’ school

buildings so that hazardous and unsafe conditions could not occur in Defendants’

school buildings;

d) By failing to properly protect and keep safe the students enrolled within the

Defendants’ schools;

e) By failing to act in loco parentis manner and failing to act in the best interest of the

enrolled students.

f) In failing to implement or otherwise observe proper safety standards for the welfare

and safety of students in Defendants’ school district;

g) In failing to implement or otherwise observe proper building maintenance standards

in Defendants’ school buildings;

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h) In failing to disclose to Plaintiffs and other students and parents or guardians of

students that the Defendants’ school buildings contained toxic mold levels and/or had

water and moisture problems;

i) In failing to reduce or remove the toxic mold levels from Defendants’ school

buildings once Defendants had notice of the toxic mold;

j) In failing to stop water from coming into the Defendants’ school buildings once the

Defendants had notice of water problems and/or leaks.

k) In failing to move Defendants’ enrolled students to another school within the district

which did not contain hazardous toxic mold levels.

l) In failing to move Defendants’ enrolled students to another school within the district

which did not have water problems, water leaks or extreme levels of moisture in the

building.

m) In failing to warn students of Horry County Schools of the hazardous conditions

found within the Districts school buildings including, but not limited to, St. James

Elementary School even after the Defendants warned their own employees of the

unsafe conditions and allowed district employees to transfer to safe school buildings

within the district;

49. Plaintiffs suffered damages as a direct and proximate result of the Defendants’ breach of

their duty of care to the Plaintiffs.

PRAYER FOR JUDGMENT

WHEREFORE, Plaintiffs pray for damages against the Defendants in the amount of:

a) Actual damages;

b) Consequential damages;

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c) Incidental damages;

d) Punitive damages;

e) Emotional Distress;

f) Any and all damages as provided under the South Carolina Tort Claims Act;

g) Other damages such as this Honorable Court deems appropriate and just.

Law Office of William J. Luse

S/William J. Luse_______________
William J. Luse, Esquire
SC Bar No: 72790
Attorney for the Plaintiffs
917 Broadway Street
Myrtle Beach, SC 29577
Myrtle Beach, SC Phone: 843-839-4795
Fax: 843-839-4815
November 30, 2020 bill@getlusenow.com

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