Summons (Wrongful Death and Survival Action) J T D: Attorneys For Plaintiffs

ELECTRONICALLY FILED - 2021 Jun 30 10:53 AM - BEAUFORT - COMMON PLEAS - CASE#2021CP0701192
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

) FOURTEENTH JUDICIAL CIRCUIT
COUNTY OF BEAUFORT )
Tiffany Latrice Ford, individually and as ) C.A. NO. 2020-CP-07-
the Personal Representative of the Estate )
of Ameer Rodney Frazier and Thaddeus )
Frazier, individually, )
)
Plaintiffs, )
)
vs. ) SUMMONS
) (Wrongful Death and Survival Action)
David Lee Swiger, Bluffton Bulldogs, )
Kirsten Alexandra Swiger, and ) JURY TRIAL DEMANDED
Town of Bluffton, )
)
Defendants. )
)
TO: THE DEFENDANTS ABOVE-NAMED:
YOU ARE HEREBY SUMMONED and required to answer the complaint in this action,
a copy of which is hereby served upon you, and to serve a copy of your answer to the said
complaint on the subscribers at their office, 1225 South Church, Greenville, South Carolina,
29605, within thirty (30) days after service thereof 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 the complaint.
MOONEYHAM BERRY, LLC
s/ E. Kimberly Berry
E. Kimberly Berry, SC Bar No.: 13286
Joe Mooneyham, SC Bar No.: 4041
Post Office Box 8359
Greenville, South Carolina 29604
864.421.0036 Fax 864.421.9060
kimb@mbllc.com| joe@mbllc.com
Attorneys for Plaintiffs
Greenville, South Carolina
June 30, 2021
1
)
Plaintiffs, )
)
vs. ) COMPLAINT
) (Wrongful Death and Survival Action)
Kirsten Alexandra Swiger, and ) JURY TRIAL DEMANDED
Town of Bluffton, )
)
Defendants. )
)
The Plaintiffs, complaining of the Defendants herein, would respectfully show and allege
unto the court as follows:
PARTIES AND JURISDICTION
1) The Plaintiff, Tiffany Latrice Ford, (“Ford”), is the duly appointed, qualified, and
acting Personal Representative of the Estate of her son, Ameer Rodney Frazier, as defined by
South Carolina Code § 62-3-203. Ford is a resident of the County of Beaufort, State of South
Carolina.
2) Ford has the authority to pursue this Action on behalf of the wrongful death
beneficiaries pursuant to South Carolina Code Ann. § 15-51-20.
3) The Plaintiff Thaddeus Frazier, (“Frazier”), is the father of Ameer Frazier. Frazier
is a resident of the County of Beaufort, State of South Carolina.
4) The Decedent, Ameer Rodney Frazier, (“Ameer”), was the son of Tiffany Ford
and Thaddeus Frazier. Ameer was a member of Defendant Bluffton Bulldogs football program.
He was five years old at the time of his death.
1
5) Upon information and belief, the Defendant David Lee Swiger, (“David Swiger”),
is a citizen and resident of the County of Beaufort, State of South Carolina.
6) Upon information and belief, Defendant Bluffton Bulldogs, (“Bluffton Bulldogs”)
is a non-profit youth sports organization organized and existing under the laws of the State of
South Carolina. Upon further information and belief, the Bulldogs have taught young athletes
aged 5 to 12 football and cheerleading for over forty years.
7) Upon information and belief, Defendant Kirsten Alexandra Swiger, (“Kirsten
Swiger”), is a citizen and resident of the County of Beaufort, State of South Carolina. She is the
spouse of David Swiger. Upon further information and belief, Kirsten Swiger was also a Bulldog
employee and was serving as Cheerleading Coordinator at the time of Ameer’s death.
8) Upon information and belief, the Town of Bluffton, (“Bluffton”), is a political
subdivision of the State of South Carolina within the meaning of the South Carolina Tort Claims
Act codified at South Carolina Code Ann. § 15-78-30(h).
9) At the time of the incidents giving rise to the Plaintiffs’ Complaints, Bluffton
acted by and through its agents, contractors, and employees for the purpose of sponsoring and
organizing a Christmas Parade and therefore, it is liable for the negligent acts of its agents,
contractors, and employees, under the theories of non-delegable duty and respondeat superior.
10) This wrongful death and survival action is brought for damages and other
appropriate relief pursuant to the statutory and common law of the State of South Carolina, the
South Carolina Tort Claims Act codified at § 15-78-10 et seq., and the South Carolina
Solicitation of Charitable Funds Act codified at § 33-56-10 et seq.
11) Venue is appropriate in this judicial circuit pursuant to South Carolina Ann. § 15-
7-30.
2
FACTS
12) On December 7, 2019 Bluffton hosted its annual Christmas Parade. Included in
the parade were various floats sponsored by community and business groups.
13) Kirsten Swiger organized a group of football players, cheerleaders, and parents
from the Bluffton Bulldogs to participate in the annual parade. In addition to members and
parents walking the parade route, the Bluffton Bulldogs sponsored a float.
14) The Bulldogs float consisted of a pick-up truck owned by David Swiger and a
single-axle golf cart trailer allegedly owned by a player’s parent (the identity of that individual is
unknown at this time). Older players stood or sat in the bed of the pick-up truck and the younger
players, including Ameer, sat around the golf cart trailer. David Swiger was operating the pick-
up truck that pulled the trailer that Ameer and other players were sitting on. Kirsten Swiger was a
passenger in the truck.
15) At the end of the parade route, floats were directed by appropriate law
enforcement officials into the Red Cedar Elementary School parking lot located in the Town of
Bluffton. As David Swiger pulled into the parking lot, Ameer and a teammate lowered their feet
so their shoes would drag on the pavement. However, due to his small size, Ameer had to slide
his body between the rail and the trailer in order for his feet to touch the pavement. After
momentarily stopping the vehicle, David Swiger suddenly and without warning pulled forward
causing Ameer to fall from the trailer to the pavement below. As David Swiger continued
moving forward, the trailer tires ran over Ameer’s body.
3
16) Ameer suffered serious injuries and was initially treated by Beaufort County EMS
personnel. EMS subsequently transported Ameer to Memorial Health University Medical Center
in Savannah, Georgia. Ameer was pronounced dead 30 minutes after arrival at Memorial Health.
His cause of death was listed as blunt head trauma.
FIRST CAUSE OF ACTION

(Negligence and Gross Negligence as to Defendant David Swiger)
17) The Plaintiffs reallege and incorporate herein all of the relevant and consistent
allegations in the foregoing Paragraphs as fully as if repeated herein.
18) Defendant David Swiger owed Plaintiffs a duty of care.
19) Ameer’s fall, injuries and death were the direct and proximate result of, were due
to and occasioned by, the negligence, gross negligence, recklessness, willfulness and wantonness
of Defendant in the following particulars, to-wit:
a. Placing and transporting Ameer in a trailer that was neither designed nor
fit for the safe transportation of human beings;
b. Failing to ensure proper safeguards were in place relating to the safe
movement of the trailer;
c. Failing to maintain a proper lookout to ensure the safe movement of the
trailer;
d. Failing to ensure players were in a safe position prior to moving the
trailer;
e. Failing to observe due care and maintain proper and adequate control of
the motor vehicle;
f. Failing to exercise reasonable care in the operation of the motor vehicle
under the circumstances then and there existing;
4
g. Allowing the trailer to run over Ameer’s body; and
h. In other respects not now known to the Plaintiffs but which may become
known before or at the time of trial.
SECOND CAUSE OF ACTION

(Negligence and Gross Negligence as to Defendants Bluffton Bulldogs and Kirsten Swiger)
21) The Defendants Bluffton Bulldogs and Kirsten Swiger owed Plaintiffs a duty of
care.
22) The Defendants Bluffton Bulldogs and Kirsten Swiger knew of should have
known that the acts of or omissions of Defendant David Swiger were dangerous, negligent, and
grossly negligent.
of Defendants, in the following particulars, to-wit:
a. Allowing a trailer that was neither designed nor fit for the safe
transportation of humans to be used as a float;
b. Placing and transporting Ameer in a trailer that was neither designed nor
fit for the safe transportation of humans;
c. Failing to ensure proper safeguards were in place relating to the safe
movement of the trailer;
d. Failing to ensure an appropriate person(s) was designated to maintain a
proper lookout both during and prior to the moving the trailer;
5
e. Failing to ensure an appropriate person(s) was designated to ensure
players were in a safe position prior to moving the trailer; and
f. In other respects not now known to the Plaintiffs but which may become
THIRD CAUSE OF ACTION

(Negligence as to Defendant Town of Bluffton)
25) Defendant Town of Bluffton owed Plaintiffs a duty of care.
26) Defendant Town of Bluffton knew of should have known that the acts of or
omissions of Defendants David Swiger, Bluffton Bulldogs and Kirsten Swiger were dangerous,
negligent, grossly negligent, or in contravention of the policies and expectations of the
Defendant.
of Defendant, in the following particulars, to-wit:
a. Allowing a trailer that was neither designed nor fit for the safe
transportation of humans to be used as a float;
b. Allowing Ameer to be placed and transported in a trailer that was neither
designed nor fit for the safe transportation of humans;
c. Failing to promulgate appropriate safety rules and regulations regarding
appropriate vehicles that can be used to safely transport humans in the
Annual Christmas Parade;
6
d. Failing to provide adequate supervision to ensure parade participants acted
in a safe manner regarding operation of parade floats; and
e. In other respects not now known to the Plaintiffs but which may become
FOURTH CAUSE OF ACTION

(Wrongful Death as to all Defendants)
29) The Plaintiffs, Tiffany Ford and Thaddeus Frazier, are the surviving parents of
Ameer Frazier. At the time of his death, Ameer was a dependent of the Plaintiffs.
30) As a direct and proximate result of the acts of negligence, gross negligence,
recklessness, willfulness and wantonness of the Defendants described herein, Plaintiffs have
suffered
grief and sorrow and are expected to suffer such grief and sorrow in the future. They have
been deprived of his love, care, comfort and society and shall be so deprived in the
future. They have incurred funeral and other related expenses.
31) All of which injuries and loss caused damage to the Plaintiffs in an amount to be
determined by this Court.
FIFTH CAUSE OF ACTION

(Survival Action as to all Defendants)
33) Plaintiffs’ Decedent was forced to endure great conscious pain and suffering
before his death.
7
34) All of which injuries and loss caused damage to the Plaintiffs in an amount to be
determined by this Court.
WHEREFORE, having fully set forth the Complaint pursuant to the statutory and
common law of the State of South Carolina, the South Carolina Tort Claims Act codified at § 15-
78-10 et seq., and the South Carolina Solicitation of Charitable Funds Act codified at § 33-56-10
et seq., Plaintiffs respectfully request the following:
a. A trial by jury;
b. Award of actual and compensatory damages in an appropriate amount;
c. Award of punitive damages in an appropriate amount; and
d. Such other and further relief as this Court may deem just and proper.
864.421.0036 Fax 864.421.9060
June 30, 2021
8
)
Plaintiffs, )
)
vs. ) JURY TRIAL DEMAND
)
Kirsten Alexandra Swiger, and )
Town of Bluffton, )
)
Defendants. )
)
Pursuant to Rule 38(b) of the South Carolina Rules of Civil Procedure, the plaintiffs, by
their undersigned attorney, demand a jury trial on all issues set forth in this cause as the Court
deems just and proper.
864.421.0036 Fax 864.421.9060
June 30, 2021

Summons (Wrongful Death and Survival Action) J T D: Attorneys For Plaintiffs

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ELECTRONICALLY FILED - 2021 Jun 30 10:53 AM - BEAUFORT - COMMON PLEAS - CASE#2021CP0701192

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

against you for the relief demanded in the complaint.

MOONEYHAM BERRY, LLC

unto the court as follows:

PARTIES AND JURISDICTION

beneficiaries pursuant to South Carolina Code Ann. § 15-51-20.

is a resident of the County of Beaufort, State of South Carolina.

He was five years old at the time of his death.

is a citizen and resident of the County of Beaufort, State of South Carolina.

6) Upon information and belief, Defendant Bluffton Bulldogs, (“Bluffton Bulldogs”)

aged 5 to 12 football and cheerleading for over forty years.

7) Upon information and belief, Defendant Kirsten Alexandra Swiger, (“Kirsten

8) Upon information and belief, the Town of Bluffton, (“Bluffton”), is a political

Act codified at South Carolina Code Ann. § 15-78-30(h).

Solicitation of Charitable Funds Act codified at § 33-56-10 et seq.

passenger in the truck.

moving forward, the trailer tires ran over Ameer’s body.

His cause of death was listed as blunt head trauma.

FIRST CAUSE OF ACTION

allegations in the foregoing Paragraphs as fully as if repeated herein.

18) Defendant David Swiger owed Plaintiffs a duty of care.

of Defendant in the following particulars, to-wit:

fit for the safe transportation of human beings;

b. Failing to ensure proper safeguards were in place relating to the safe

movement of the trailer;

c. Failing to maintain a proper lookout to ensure the safe movement of the

d. Failing to ensure players were in a safe position prior to moving the

the motor vehicle;

f. Failing to exercise reasonable care in the operation of the motor vehicle

under the circumstances then and there existing;

known before or at the time of trial.

SECOND CAUSE OF ACTION

allegations in the foregoing Paragraphs as fully as if repeated herein.

of Defendants, in the following particulars, to-wit:

transportation of humans to be used as a float;

fit for the safe transportation of humans;

c. Failing to ensure proper safeguards were in place relating to the safe

movement of the trailer;

d. Failing to ensure an appropriate person(s) was designated to maintain a

players were in a safe position prior to moving the trailer; and

known before or at the time of trial.

THIRD CAUSE OF ACTION

allegations in the foregoing Paragraphs as fully as if repeated herein.

25) Defendant Town of Bluffton owed Plaintiffs a duty of care.

negligent, grossly negligent, or in contravention of the policies and expectations of the

of Defendant, in the following particulars, to-wit:

transportation of humans to be used as a float;

b. Allowing Ameer to be placed and transported in a trailer that was neither

designed nor fit for the safe transportation of humans;

c. Failing to promulgate appropriate safety rules and regulations regarding

appropriate vehicles that can be used to safely transport humans in the

Annual Christmas Parade;

in a safe manner regarding operation of parade floats; and

known before or at the time of trial.

FOURTH CAUSE OF ACTION

allegations in the foregoing Paragraphs as fully as if repeated herein.

future. They have incurred funeral and other related expenses.

determined by this Court.

FIFTH CAUSE OF ACTION

allegations in the foregoing Paragraphs as fully as if repeated herein.

before his death.