ELECTRONICALLY FILED - 2022 Oct 06 3:05 PM - CHARLESTON - COMMON PLEAS - CASE#2022CP1004674

STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS

COUNTY OF CHARLESTON CASE NO.:

LOREE ANN CHASE AS PERSONAL

REPRESENTATIVE OF THE ESTATE OF SUMMONS
JOSEPH DAVID CHASE, JR. (JURY- AUTO-NEGLIGENCE
SURVIVAL-WRONGFUL DEATH)
Plaintiff,

vs.

UBER TECHNOLOGIES, INC., d/b/a UBER

and KENRIC ELWIN MCKOY
INDIVIDUALLY AND AS EMPLOYEE OF
UBER TECHNOLOGIES, INC., d/b/a UBER

Defendants.

TO: THE DEFENDANT ABOVE NAMED:

YOU ARE HEREBY SUMMONED and required to answer the complaint in this action, a

copy of which is herewith served upon you, and to serve a copy of your answer to this complaint

on the subscriber at his offices at P.O. Box 598, Charleston, South Carolina, 29402, within thirty

(30) days after the service hereof, 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 and judgment by default will be rendered against you.

By: s/Robert J. Wyndham

Robert J. Wyndham (SC Bar #15204)
WYNDHAM LAW FIRM, LLC
PO Box 598
Charleston, SC 29402
Phone: 843-279-5312
Fax: 843-894-7732
robert@wyndhamlaw.com

Attorney for Plaintiff

October 6, 2022
 ELECTRONICALLY FILED - 2022 Oct 06 3:05 PM - CHARLESTON - COMMON PLEAS - CASE#2022CP1004674
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS

COUNTY OF CHARLESTON CASE NO.:

LOREE ANN CHASE AS PERSONAL

REPRESENTATIVE OF THE ESTATE OF COMPLAINT
JOSEPH DAVID CHASE, JR. (JURY- AUTO-NEGLIGENCE
SURVIVAL-WRONGFUL DEATH)
Plaintiff,

vs.

UBER TECHNOLOGIES, INC., d/b/a UBER

and KENRIC ELWIN MCKOY
INDIVIDUALLY AND AS EMPLOYEE OF
UBER TECHNOLOGIES, INC., d/b/a UBER

Defendants.

The Plaintiff complaining of the Defendant alleges:

1. Loree Ann Chase is a resident and citizen of the State of South Carolina, County of

Charleston and was duly appointed the Personal Representative of the Estate of Joseph David

Chase, Jr.

2. That upon information and belief, Defendant, Uber Technologies, Inc., is a corporation

organized and existing under the laws of a state other than the State of South Carolina, and was

doing business within the State of South Carolina, County of Charleston at all times hereinafter

mentioned.

3. Defendant, Kenric Elwin McKoy is a resident and citizen of the State of South Carolina,

County of Charleston and was working as a driver for the Defendant, Uber Technologies, Inc., at

all times hereinafter mentioned.

4. That venue is proper in Charleston because the most substantial part of the alleged acts or

omissions giving rise to the cause of action occurred in Charleston County.

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5. The amount of controversy between the parties does exceed the sum of $7,500.00,

exclusive of interest and costs, and this matter is within the jurisdiction of this Honorable Court

because of the amount in controversy.

DEFENDANT’S RELATIONSHIP TO UBER AND UBER SERVICES

6. Plaintiffs hereby incorporate, by reference, Paragraph 1 through 5 of this Complaint as if

fully re-stated herein.

7. At all times relevant herein, Defendant, Uber Technologies, Inc., operated a service in the

State of South Carolina whereby it made drivers like Defendant, McKoy available on demand via

a cell phone application “Uber App” to transport riders for a fee.

8. Defendant, Uber Technologies, Inc., promote the Uber service to consumers as “your

private driver.” The Uber App is free to download and to install on a phone.

9. Defendant Uber Technologies, Inc., advertise and market the service; drivers do not.

10. The Uber application and the Uber Service have no value without drivers like Defendant,

McKoy to respond to riders’ requests for transportation.

11. Drivers such as Defendant, McKoy who respond to ride requests generated by the Uber

App are essential to the Uber Service business.

12. Riders using the Uber App to book rides are considered customers of the Uber service, not

customers of the drivers.

13. At all times relevant herein, Defendant, Uber Technologies, Inc., offered the Uber Service

in Charleston County, South Carolina.

14. At all times relevant herein, Defendant, Uber Technologies, Inc., and Defendant, McKoy

were united in the joint prosecution of a common purpose for profit with a community interest in

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the object thereof (to wit, deriving financial gain from making drivers like Defendant, McKoy

available via the Uber App to transport riders for a fee to be divided among Defendants) with equal

rights to direct and control eah other with respect thereto; therefore, Defendant Uber Technologies,

Inc., and Defendant McKoy wre engaging in a joint venture or joint enterprise in operating the

Uber service.

15. Defendant, Uber Technologies, Inc., and Defendant McKoy generate revenue by setting

fares for each location where they operate the Uber service, paying drivers approximately 75-80%

of fares collected, and keeping the balance.

16. Upon information and belief, the Uber service has the right to control and exercise control

over drivers, (including Defendant, McKoy) in their provision of transportation services pursuant

to the Uber App and over the manner in which these services are done.

17. At all times relevant herein, Defendant, McKoy was engaged in a joing venture or joint

enterprise with Defendant, Uber Technologies, Inc., to derive financial gain from being available

via the Uber App to transport riders for a fee to be divided among Defendants.

18. At all times relevant herein, Defendant, McKoy was an employee and/or agent of

Defendant, Uber Technologies, Inc., and the Uber Service and was acting within the course and

scope of his employment and/or agency.

BACKGROUND

19. Plaintiff re-alleges and incorporates by reference each and every allegation contained in

the preceding paragraphs as though fully set forth herein.

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20. That on November 14, 2021, at approximately 8:20 pm., Plaintiff’s decedent was the

operator of bicycle, traveling on East on International Boulevard near Michaux Parkway and South

Aviation Avenue and was preceding along the roadway following all traffic and roadway signals.

21. Defendant, Kenric Elwin McKoy was the driver of a 2013 Chevy Malibu, bearing South

Carolina license plate number UWI 138, who was working, upon information and belief as a driver

for Defendant, Uber Technologies, Inc., traveling East on International Boulevard near Michaux

Parkway and South Aviation Avenue.

22. Upon information and belief, Defendant, McKoy was leaving the airport after dropping his

Uber customer and checking his “Uber App” for his next passenger pick up when he suddenly

looked up and saw Plaintiff, Joseph D. Chase, Jr., on his bicycle.

23. Defendant, McKoy failed to yield the right of a bicycle and/or pedestrian causing him to

collide into the rear of Plaintiff’s bicycle.

24. The force of the collision was so great, Plaintiff was thrown from his bicycle, landed on

the windshield of the Defendant’s vehicle, rolled off and hit the pavement sustaining life-

threatening injuries later resulting in death.

25. Plaintiffs are informed and do believe that Defendant, Uber Technologies, Inc., (acting

through its agent, servant and employee, Defendant, McKoy) and Defendant McKoy were

negligent, careless, reckless, wanton, and grossly negligent as set forth herein.

a. In failing to operate his vehicle in a safe, reasonable, and prudent manner so as to avoid

collision and/or injury with other drivers, persons and/or property;

b. In failing to operate his vehicle in accordance with the duties owed to other drivers and

passengers while operating a vehicle at a safe, reasonable and prudent speed under the

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circumstances, giving proper attention to then-existing conditions and traffic so as to

avoid a collision with those around him;

c. In driving and operating his vehicle in such a careless and negligent manner such that

he disregarded the safety of those around himself, including Plaintiff, Joseph D. Chase,

Jr.

d. In failing to keep a proper lookout for other automobiles and/or pedestrians;

e. In failing to have and keep his vehicle under proper and reasonable control while

driving and operating it;

f. In operating the vehicle while Defendant’s employee was using his mobile device;

g. In failing to exercise that degree of care which a reasonably prudent person would have

exercised under the same or similar circumstances;

26. The injuries and damages Plaintiff, Joseph D. Chase, Jr. sustained were a direct and

proximate cause of the negligence and carelessness of Defendant, McKoy, and Defendant, Uber

Technologies as set forth herein.

27. As a direct and proximate result of Defendant’s wrongful conduct, Plaintiff was seriously

injured and his injuries resulted in an untimely death.

28. Plaintiffs are informed and do believe the Defendant Uber Technologies, Inc., and/or

Defendant, McKoy were negligent, careless, reckless, wanton and grossly negligent at the time

and place hereinabove mentioned in the following particulars:

a. In failing to have in place policies and procedures to train and/or monitor its drivers,

or if such procedures were in place, in failing to enforce them;

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b. In failing to have in place adequate policies and procedures to mandate compliance by

its drivers with statues, laws and regulations regarding the operation of motor vehicles

or if such polices and procedures were in place, failing to enforce them;

c. In failing to have in place an adequate safety program for the safety and protection of

the monitoring public, or if such program was in place, failing to implement it;

d. In failing to ensure that Defendant, McKoy had the proper training and experience to

be able to navigate a vehicle in a safe and effective manner;

e. In entrusting a vehicle to Defendant, McKoy when Defendant, Uber Technologies, Inc.,

knew or should have known that Defendant, McKoy could not navigate the vehicle in

a safe and effective manner;

f. In failing to properly investigate Defendant, McKoy’s driving record and/or ability to

drive to ensure that Defendant, McKoy possessed the requisite skill and attention to

maintain control of and ability to drive a vehicle for Defendant, Uber Technologies,

Inc.;

g. In failing to ensure that Defendant, McKoy had sufficient, adequate and current

training, credentials and skills to properly drive a company vehicle;

h. In hiring Defendant, McKoy as a driver when Defendant, Uber Technologies, Inc.,

knew or should have known that Defendant McKoy was not qualified or had the

requisite skill to drive a company vehicle

i. In generally failing to use a degree of care and caution that a reasonable prudent entity

would have used under the same or similar circumstances.

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j. In entrusting a vehicle to Defendant, McKoy when Defendant, Uber Technologies, Inc.,

knew or should have known that Defendant, McKoy could not navigate the vehicle in

a safe and effective manner.

DEFENDANT, MCKOY: NEGLIGENCE PER SE: RECKLESS OPERATION

OF A VEHICLE/OPERATING A VEHICLE WITH WILLFULL AND
WANTON DISREGARD FOR THE SAFETY AND LIVES OF OTHERS

29. Plaintiff re-alleges and incorporates by reference each and every allegation contained in

the preceding paragraphs as though fully set forth herein.

30. Defendant, McKoy owed a duty to other drivers, including, Plaintiff Joseph D. Chase, Jr.,

to follow the rules, laws and procedures of the road and to operate his vehicle in such a manner as

to avoid collision and/or injury with other drivers and/or pedestrians and/or property.

31. Defendant, McKoy violated S.C. Code Ann § 56-5-2920 which states: “Any person who

drives any vehicle in such a manner as to indicate either a willful or wanton disregard for the safety

of persons or property is guilty of reckless driving.”

32. Defendant, McKoy violated many South Carolina traffic laws, including ones identified

above and re-alleged as if fully restated herein.

33. Defendant, McKoy operated his vehicle in such a manner that he foresaw the risk or

possible harm and consciously took such risk without due regard to the consequences of his

actions.

34. Defendant, McKoy operated his vehicle in such a manner that he willfully and wantonly

violated his duties and the laws of this State without due regard to the lives and safety of other

driver and/or pedestrians including Plaintiff, Joseph D. Chase, Jr.

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35. As a result of Defendant, McKoy’s failure to operate his vehicle in such a manner so as to

avoid collision and/or injury with other drivers, persons and/or property, Defendant, McKoy

collided directly into Plaintiff’s bicycle.

36. The force of the impact was such that it caused serious bodily injuries which resulted in

the untimely death of Plaintiff.

37. The injuries and damages resulting in death, were a direct and proximate result of the

recklessness, willfulness and wantonness of Defendant, McKoy.

DAMAGES

38. Plaintiff was taken to the hospital by ambulance for life threatening injuries sustained

during the collision caused by Defendant, McKoy while operating his vehicle.

39. Plaintiff’s required medical treatment and care resulting in significant medical cost.

40. As a direct and proximate cause of the Defendant, McKoy and Defendant, Uber

Technologies, Inc.’s negligence, carelessness and recklessness, Plaintiff suffered a great deal of

physical harm and injury from being thrown from his bicycle when struck by Defendant, which

ultimately resulted in his untimely death.

41. Plaintiffs are informed and believe that they are entitled to judgment against Defendant,

McKoy and Defendant, Uber Technologies, Inc., for actual and punitive damages in an appropriate

amount.

WRONGFUL DEATH

42. That Plaintiff further brings this Wrongful Death Action for the benefit of the statutory

beneficiaries of Joseph D. Chase, Jr. in accordance with S.C. Code Ann. §15-51-10, et seq.

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43. As a direct result of the actionable conduct of Defendant, McKoy, Decedent met his

untimely death.

44. Plaintiff and the statutory beneficiaries of Decedent’s estate have experienced great mental

anguish, suffering, grief, sorrow, bereavement, and loss of society, advise, companionship,

protection, and pecuniary benefit from the loss of decedent.

45. Plaintiff is informed and believes pursuant to the South Carolina Wrongful Death Act, is

entitled to judgement against Defendant for an awarded of actual and punitive damages in an

amount to be determined by the trier of fact and for any additional relief the court deems just and

proper.

SURVIVAL ACTION

46. Plaintiff re-alleges and incorporates by reference each and every allegation contained in

the preceding paragraphs as though fully set forth herein

47. Decedent, during the course of the times set forth in this Complaint, suffered injury and

damages caused by the actionable conduct of Defendant, Mckoy and Defendant, Uber

Technologies, Inc., which include but are not limited to the following:

a. Conscious Pain and Suffering

b. Mental and Emotional Distress; and

c. Medical expenses due to his severe injuries

48. Decedent’s cause of action for injuries and damages survives his death and pass to his

Estate.

49. That by reason of and in consequence of the aforesaid negligence, carelessness,

recklessness, willfulness and wantonness of the Defendant, and the Defendant’s employee, caused

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the aforementioned collision and the resulting catastrophic injuries and damages to the Plaintiff,

including his untimely death as a result of the injuries sustained in the accident.

WHEREFORE, Plaintiff prays for judgment against the Defendant for an amount to be

ascertained by the jury at the trial of this action, for all damages, punitive and actual, for the cost

and disbursements of this action, and for such other and further relief, as this court may deem just

and proper.

By: s/Robert J. Wyndham

Robert J. Wyndham (SC Bar #15204)
WYNDHAM LAW FIRM, LLC
PO Box 598
Charleston, SC 29402
Phone: 843-279-5312
Fax: 843-894-7732
robert@wyndhamlaw.com

October 6, 2022

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