ELECTRONICALLY FILED - 2021 Dec 21 3:44 PM - HORRY - COMMON PLEAS - CASE#2021CP2608136

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

) FIFTEENTH JUDICIAL DISTRICT
COUNTY OF HORRY ) Civil Action No. 2021-CP-26-

John Foreman Cox, III, Personal )

Representative of the Estate of Sue )
Bryan Cox, deceased, )
)
Plaintiff, )
)
vs. ) SUMMONS
) (Jury Trial Requested)
United 945 82nd Parkway Fee, LLC )
and Barbara A. Howell, )
)
Defendants. )
)
)

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 the said Complaint on the subscriber or subscribers at his or their office at
201 Beaty Street, P. O. Box 919, Conway, SC 29528-0919, within thirty (30) days
after the service thereof; 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.

RANKIN & RANKIN, P.A.

BY: /s/ Luke A. Rankin

Luke A. Rankin, SC Bar #10268
Attorney for Plaintiff
201 Beaty Street, P. O. Box 919
Conway, SC 29528-0919
Tel: (843) 248-2405; Fax: (843) 248-2415
luke@rankinandrankin.com

December 21, 2021

 ELECTRONICALLY FILED - 2021 Dec 21 3:44 PM - HORRY - COMMON PLEAS - CASE#2021CP2608136
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
) FIFTEENTH JUDICIAL DISTRIT
COUNTY OF HORRY ) Civil Action No. 2021-CP-26-

John Foreman Cox, III, Personal )

Representative of the Estate of Sue )
Bryan Cox, deceased, )
)
Plaintiff, ) COMPLAINT
) PREMISES LIABILITY /
vs. ) WRONGFUL DEATH
) (Jury Trial Requested)
United 945 82nd Parkway Fee, LLC )
and Barbara Ann Howell, )
)
Defendants. )
)

The Plaintiff complaining of the Defendants, above-named, alleges and

shows unto this Honorable Court as follows:

1. Plaintiff is the duly appointed Personal Representative of the Estate of

Sue Bryan Cox, deceased, duly filed in Horry County South Carolina, who brings

this action for this wrongful death action pursuant to S.C. Ann. §15-51-10, and survival

action pursuant to S.C. Ann. § 15-5-90 of the 1976 SC Code of Laws, as amended on

behalf of the lawful beneficiaries of the said Sue Bryan Cox, namely John Foreman

Cox Jr., of Myrtle Beach, Horry County SC.

2. Defendant United 945 82nd Parkway Fee, LLC (hereinafter Defendant

82nd Parkway), is upon information and belief a business duly organized and

existing pursuant to the laws of Delaware and doing business in Horry County,
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South Carolina at 945 82nd Avenue, Myrtle Beach, South Carolina, where it owns,

operates and manages a medical office building in which it leases space to various

medical providers who treat and examine patients. Upon information and belief,

Defendant 82nd Parkway’s medical office building enjoys very high pedestrian and

vehicular traffic count, comprised of middle aged and elderly people. Upon further

information and belief, since owning the premises, numerous renovations and

upgrades have been made to the subject premises.

3. Defendant, Barbara Ann Howell (hereinafter Defendant Howell) is a

citizen and resident of Horry County, South Carolina, residing at 4746 Harvest

Drive, Myrtle Beach, South Carolina 29579.

4. On or about July 16, 2020 Defendant Howell, a medical patient at

Defendant 82nd Parkway’s premises, drove her vehicle into and through the front

entrance of Defendant’s premises striking multiple pedestrians including Plaintiff,

causing severe and permanent injury, ultimately resulting in Plaintiff’s death.

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 ELECTRONICALLY FILED - 2021 Dec 21 3:44 PM - HORRY - COMMON PLEAS - CASE#2021CP2608136
5. As a medical patient at Defendant 82nd Parkway’s premises, Plaintiff

was lawfully on said premises and as such was a business invitee who Defendant

82nd Parkway owed a duty to maintain in a safe condition for all persons its

premises.

6. Defendants 82nd Parkway and Howell were negligent in the following

particulars, to wit:

As to Defendant 82nd Parkway

A. In failing to use due care;

B. In allowing a dangerous condition to exist;

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C. In failing to recognize the likelihood of injury to its
patrons/invitees and to take preventative action;

D. In failing to warn its patrons/invitees of imminent danger;

E. In failing to warn its patrons/invitees as to the danger of which

it knew or should have known existed;

F. In failing to inspect the site, or alternatively, in doing so, failing

to discover the hazardous condition, and or allowing it to remain
unchanged or uncorrected, after so inspecting it;

G. In failing to install a definitive delineation between vehicular

pathways and pedestrian safe space;

H. In failing to provide and maintain a reasonably safe building

entryway, pedestrian and vehicular thoroughfare and parking
area;

I. In failing to install crash-rated or security bollards made of steel

and or concrete to protect the building entryway and pedestrians
from vehicular traffic;

J. In failing to install impact resistant bollards necessary to protect

the building entryway and people inside the building.

As to Defendant Howell:

A. In failing to keep a proper lookout so as to avoid injury to the

general public and specifically to the Plaintiff herein;

B. In failing to yield the right of way so as to avoid injury to the

general public and specifically to the Plaintiff herein;

C. In failing to keep said vehicle under proper control so as to avoid

injury to the Plaintiff herein;

D. In driving too fast for conditions then and there existing;

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E. In failing to maintain proper brakes on the vehicle, or in the event
of proper brakes, in failing to apply them so as to avoid the
collision, which resulted in the Plaintiff's injuries;

F. In failing to use the degree of care and caution that a reasonable

and prudent individual would have used under the
circumstances then and there prevailing, all of which were the
direct and proximate cause of the damages, injuries and
ultimate death suffered by Plaintiff herein.

7. That all of the specifications of negligence, gross negligence,

recklessness, willfulness, and wantonness set forth in the preceding paragraphs are

the direct and proximate cause of the damages sustained by the Plaintiff, deceased,

herein; said acts further being in violation of SC law - statutory and case law.

8. That as a direct and proximate result of the aforesaid acts of

Defendants Howell and 82nd Parkway, negligence, recklessness, willfulness, and

wantonness which was singularly, jointly, severally and/or in combination and

concurring with the negligence, gross negligence, recklessness, willfulness, and

wantonness of the other, Plaintiff has suffered extreme physical and emotional

injury, shock and pain and ultimately the loss of her life.

9. Plaintiff seeks actual and punitive damages against the Defendants for

the personal injury and wrongful death of Sue Bryan Cox in an amount deemed just

and proper by the Court and jury.

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WHEREFORE, Plaintiff prays:

A. For judgment against the Defendants jointly and/or severally for actual
and punitive damages in an amount deemed just and proper by the
Court and jury;

B. For the costs incurred in connection with this action; and

C. For such other and further relief as this Court may deem just and proper.

RANKIN & RANKIN, P.A.

By: s/Luke A. Rankin

Luke A. Rankin
201 Beaty Street, P. O. Box 919
Conway, SC 29526
(843) 248-2405
SC Bar # 10268
luke@rankinandrankin.com

DATE: December 21, 2021