ELECTRONICALLY FILED - 2023 Mar 29 8:33 AM - HORRY - COMMON PLEAS - CASE#2023CP2601897

STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS

FIFTEENTH JUDICIAL CIRCUIT
COUNTY OF HORRY CIVIL ACTION NO.:

MANIKA JEFFERSON-DAVIS, )
INDIVIDUALLY, AND AS PERSONAL )
REPRESENTATIVE OF THE ESTATE )
OF EMAUEL TAYSEAN MELVIN, )
DECEASED, ) SUMMONS
)
Plaintiff, ) (NEGLIGENCE, WRONGFUL DEATH,
) AND SURVIVAL)
v. )
) (JURY TRIAL DEMANDED)
THE G SPOT ARCADE BAR & GRILL, )
LLC, LENORA HEMINGWAY )
LIVINGSTON, JOHN DOE 1, AND )
JOHN DOE 2-5, )
)
Defendants. )
________________________________ )

TO THE DEFENDANT ABOVE-NAMED:

YOU ARE HEREBY SUMMONED and required to Answer to the Complaint in this

action, a copy of which is served upon you, and to serve a copy of your Answer to said

Complaint on the subscriber at his office at 235 Church Street (Post Office Box 481)

Georgetown, South Carolina, 29440, within thirty (30) days after service thereof [unless

service is made by registered mail in which you have thirty-five (35) days] exclusive of

the day of such service. If you fail to Answer within the time aforesaid, the Plaintiff in this

action will apply to the Court for judgment by default and the relief demanded in the

Complaint will be rendered against you.

DATED at Georgetown, South Carolina, on the 29th day of March, 2023.

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OXNER & STACY LAW FIRM, LLC

s/Harry A. Oxner___________________
Harry A. Oxner
Attorney for Plaintiff
Post Office Box 481
Georgetown, SC 29442-0481
Telephone: 843-527-8020
Facsimile: 843-485-4121
Email: hoxner@oxnerandstacy.com
SC Bar No.: 065487

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 ELECTRONICALLY FILED - 2023 Mar 29 8:33 AM - HORRY - COMMON PLEAS - CASE#2023CP2601897
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS
FIFTEENTH JUDICIAL CIRCUIT
COUNTY OF HORRY CIVIL ACTION NO.:

MANIKA JEFFERSON-DAVIS, )
INDIVIDUALLY, AND AS PERSONAL )
REPRESENTATIVE OF THE ESTATE )
OF EMAUEL TAYSEAN MELVIN, )
DECEASED, ) COMPLAINT
)
Plaintiff, ) (NEGLIGENCE, WRONGFUL DEATH,
) AND SURVIVAL)
v. )
) (JURY TRIAL DEMANDED)
THE G SPOT ARCADE BAR & GRILL, )
LLC, LENORA HEMINGWAY )
LIVINGSTON, JOHN DOE 1, AND )
JOHN DOE 2-5, )
)
Defendants. )
________________________________ )

TO THE DEFENDANTS ABOVE-NAMED:

The Plaintiff, Manika Jefferson-Davis, individually, and as Personal Representative

of the Estate of Emauel Taysean Melvin, deceased, brings this Complaint against the

above-named Defendants, and would respectfully show unto this Honorable Court as

follows:

PARTIES AND JURISDICTION

1. Emauel Taysean Melvin, deceased (hereinafter “Emauel”) was a citizen and

resident of Horry County, South Carolina, and died on January 1, 2023.

2. Plaintiff Manika Jefferson-Davis (hereinafter “Plaintiff”) is the biological

mother of Emauel, deceased, and she is a citizen and resident of Horry County, South

Carolina.

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

Emauel Taysean Melvin, deceased, having been appointed by the Horry County Probate

Court on March 1, 2023, and she has authority to bring this wrongful death action on

behalf of Plaintiff’s beneficiaries under the South Carolina Wrongful Death Act, S.C. Code

Ann. § 15-51-10, et seq. (1976, as amended) and to bring this Survival Action on behalf

of the Plaintiff’s estate under S. C. Code Ann. § 15-5-90 (1976, as amended), a copy of

the Certificate of Appointment is attached hereto as Exhibit A.

4. Upon information and belief, Defendant The G Spot Arcade Bar & Grill, LLC

(hereinafter “Defendant G Spot”) is a limited liability company duly organized and validly

existing in the State of South Carolina, with its principal place of business located on

South Carolina Highway 90 in Longs, South Carolina.

5. Upon information and belief, Defendant Lenora Hemingway Livingston

(hereinafter “Defendant Livingston”) is a resident of Horry County, South Carolina.

Defendant Livingston owned, managed, and/or operated the subject premises at the time

of the shooting.

6. Defendant John Doe 1 is the unknown and unidentified individual who shot

Emauel and caused his death. Defendant John Doe 1 will be served upon identification.

7. Defendants John Does 2-5 are unknown and unidentifiable at this time, but

whose negligence harmed Emauel and led to Emauel’s death. Defendant John Does 2-

5 include, but are not limited to, landlords, owners, managers, independent contractors,

and/or security companies. These persons and/or entities will be served upon

identification.

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8. Jurisdiction and venue are proper in this Court because the Defendants are

located in this County, and the most substantial part of the alleged acts and omissions

giving rise to this cause of action occurred in Horry County.

FACTS AND ALLEGATIONS

9. On January 1, 2023, people congregated at and around a bar and nightclub

known as The G Spot Arcade Bar & Grill where alcoholic beverages are sold and

consumed. The G Spot Arcade Bar & Grill is located on South Carolina Highway 90 in

Longs, South Carolina (“the subject premises”).

10. Defendant John Doe 1 was allowed to enter the subject premises with a

gun and did shoot and kill 22 year old Emauel. Emauel was transported by EMS to Grand

Strand Regional Medical Center where he died after sustaining multiple gunshot wounds.

11. Emauel was an invitee of the subject premises and exercised ordinary care

and diligence at all times herein and under the circumstances then existing.

12. At all times herein, Defendants Livingston, G Spot and John Does 2-5

owned, controlled, operated, and/or managed the subject premises, and had the legal

duty to keep the subject premises in a state consistent with the due regard of the safety

of their invitees, including Emauel.

13. Defendants Livingston, G Spot and John Does 2-5 breached their duty

owed to Emauel by failing to exercise ordinary care to keep the subject premises safe.

FOR A FIRST CAUSE OF ACTION AS TO

DEFENDANTS LIVINGSTON, G SPOT AND JOHN DOES 2-5
(Negligence; Gross Negligence)

14. Plaintiff incorporates by reference all previous paragraphs above as if

repeated herein verbatim.

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15. At all times pertinent to the subject January 1, 2023 shooting, Defendants

Livingston, G Spot and John Does 2-5, by and through their agents, employees, servants,

and employees were careless, negligent, grossly negligent, reckless, willful, wanton, and

heedless, jointly and severally, in one or more of the following particulars whether

singularly, concurrently, or in combination, to-wit:

a. In then and there failing to procure adequate safeguards to ensure

the protection of Emauel from unnecessary violence and/or threats

thereof;

b. In then and there failing to address a known risk to Emauel and other

patrons where there were prior, similar incidents of physical violence

and altercations involving firearms;

c. In then and there failing to provide adequate security on the subject

premises;

d. In then and there knowingly subjecting business invitees of the

subject premises to an unreasonable risk of serious physical harm;

e. In then and there failing to exercise reasonable care to provide a safe

environment for the business invitees of the subject premises;

f. In then and there failing to provide proper and adequate surveillance

of the subject premises;

g. In then and there permitting or otherwise ignoring criminal activity on

the subject premises;

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h. In then and there failing to properly train their employees, servants,

and agents in recognizing and correcting dangerous conditions and

risks to business invitees of the subject premises;

i. In then and there failing to monitor the performance of their security

personnel to ensure the safety of business invitees on the subject

premises;

j. In then and there failing to monitor the performance of their

contractors hired to provide security on the subject premises;

k. In then and there failing to hire competent security personnel to

ensure the safety of business invitees on the subject premises;

l. In then and there failing to implement and follow security measures

commensurate with the recommendations of security experts and

consultants;

m. In then and there failing to check I.D.s at the door or entry points;

n. In then and there failing to conduct pat-down checks at the door or

entry points;

o. In then and there failing to remove unauthorized persons from the

subject premises;

p. In then and there failing to have adequate patrols on the subject

premises so as to deter dangerous activity on the subject premises;

q. In then and there failing to warn invitees of the subject premises,

including Emauel, of the risks of criminal activity on the subject

premises;

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r. In then and there failing to properly budget or allocate resources so

that adequate security measures could be implemented and

maintained;

s. In then and there failing to maintain a policy, procedure, or system of

investigating, reporting, and warning of criminal activity on the

subject premises;

t. In then and there permitting unauthorized persons to come onto the

subject premises with weapons;

u. In then and there failing to restrict access to the subject premises on

January 1, 2023, to only those persons who were lawfully permitted

to be on the subject premises;

v. In then and there allowing too many people inside the club so that

Defendants could not monitor or control the activity taking place

inside the club;

w. In then and there failing to follow policies for the personnel charged

with monitoring the entry points to ensure that anyone attempting to

enter was an authorized and lawful patron;

x. In then and there failing to properly maintain, inspect, secure, patrol,

and manage the subject premises; and

y. All other acts of negligence as may be shown at the time of trial.

16. Prior to and on January 1, 2023, the subject premises was negligently

maintained, inspected, secured, patrolled, and managed. Defendants Livingston, G Spot

and John Does 2-5 had knowledge, both actual and constructive, of the need to properly

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maintain, secure, inspect, patrol and manage the subject premises, but failed to exercise

ordinary care.

17. Defendants Livingston, G Spot and John Does 2-5 were negligent, grossly

negligent, wanton, willful, and reckless in failing to maintain, inspect, secure, patrol, and

manage the subject premises, thereby creating an unreasonable risk of injury to invitees,

including Emauel.

18. Defendants Livingston, G Spot and John Does 2-5 knew of or, with the

exercise of due care for the safety of invitees, should have known of, the dangerous and

hazardous conditions existing on the subject premises and the failure to maintain, inspect,

secure, patrol, and manage the subject premises and that said conditions were likely to

result in serious injuries to invitees, including Emauel.

19. Defendants Livingston, G Spot and John Does 2-5 owed a duty of care to

invitees of the subject premises, including Emauel, to provide adequate security

measures on the subject premises.

20. Prior to and on January 1, 2023, Defendants Livingston, G Spot and John

Does 2-5 failed to provide adequate security measures on the subject premises in breach

of their duty of care.

21. Defendants Livingston, G Spot and John Does 2-5 were aware of security

deficiencies on the subject premises prior to the January 1, 2023 shooting at issue.

22. Defendants Livingston, G Spot and John Does 2-5 failed to remedy the

security deficiencies about which they were on notice prior to the January 1, 2023

shooting at issue.

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23. On or prior to January 1, 2023, Defendants Livingston, G Spot and John

Does 2-5 voluntarily assumed or undertook the duty to control access to the subject

premises by requiring ID and conducting pat-downs of all patrons at the door. On or prior

to January 1, 2023, Defendants Livingston, G Spot and John Does 2-5 also voluntarily

assumed or undertook the duty to install and maintain security cameras at the subject

premises for the purpose of keeping the subject premises reasonably safe for patrons.

24. Defendants Livingston, G Spot and John Does 2-5 breached said duties by

allowing underage minors to enter the subject premises, allowing unregistered,

unauthorized firearms on the subject premises, and by failing to utilize and maintain the

security cameras at the subject premises.

25. Defendants Livingston, G Spot and John Does 2-5 had actual and

constructive knowledge of widespread dangerous, reckless or negligent activity existing

on and around the subject premises prior to the subject incident.

26. Because Defendants Livingston, G Spot and John Does 2-5 had knowledge

of or, in the exercise of reasonable care, should have had knowledge of the dangerous

environment of the subject premises, Defendants Livingston, G Spot and John Does 2-5

are now liable for the negligent, grossly negligent, wanton, willful, and reckless

supervision, hiring, training, and retention of their employees and for the entrustment of

the subject premises to their partners, agents and employees. This negligence

proximately caused the death of Emauel.

27. Defendants Livingston, G Spot and John Does 2-5 represented to the

business invitees of The G Spot Arcade Bar and Grill that the subject premises were

properly maintained and reasonably safe.

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28. Each of the foregoing tortious acts and omissions constitute an independent

act of negligence on the part of Defendants Livingston, G Spot and John Does 2-5, and

one or more or all of the above stated acts and omissions proximately caused the death

of Emauel.

29. Emauel’s death was the direct and proximate result of the acts and

omissions of Defendants Livingston, G Spot and John Does 2-5. But for said acts and

omissions, Emauel would not have died.

30. That the negligent, grossly negligent, wanton, willful, and reckless actions

of Defendants Livingston, G Spot and John Does 2-5 caused Emauel to undergo much

conscious physical and mental pain, suffering, anxiety, stress and ultimately his death,

and as a result, Defendants Livingston, G Spot and John Does 2-5 are liable for Emauel’s

injuries, pain and suffering, wrongful death, and all other elements of damages allowed

under the laws of the State of South Carolina.

31. As a direct and proximate result of the wrongful acts of Defendants

Livingston, G Spot and John Does 2-5, Plaintiff is entitled to recover actual damages

against Defendants Livingston, G Spot and John Does 2-5 in an amount to be determined

by this Court, together with the costs and disbursements in this action.

32. The acts, delicts, errors and omissions as described hereinabove were

negligent, grossly negligent, wanton, willful, and reckless and as a result, Plaintiff is

entitled to an award of punitive damages against Defendants Livingston, G Spot and John

Does 2-5 in an amount to be determined by the Court.

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FOR A SECOND CAUSE OF ACTION AS TO
DEFENDANTS LIVINGSTON, G SPOT AND JOHN DOES 2-5
(Wrongful Death)

33. Plaintiff incorporates by reference all previous paragraphs above as if

repeated herein verbatim.

34. Plaintiff brings this wrongful death action against Defendants Livingston, G

Spot and John Does 2-5 on behalf of the statutory beneficiaries of the deceased, namely

Manika Jefferson-Davis as the surviving mother of Emauel, and Terrence Melvin, as the

surviving father of Emauel, for mental shock and suffering, wounded feelings, grief and

sorrow, loss of companionship, deprivation of the use and comfort of Emauel’s society,

including the loss of Emauel’s experience, knowledge, and judgment in managing his

affairs and the affairs of his beneficiaries, and reasonable funeral expenses.

35. Plaintiff, as Personal Representative of Emauel’s Estate, claims all special

damages permitted under South Carolina law representing the reasonable and fair value

of the funeral and burial expenses incurred as a result of the shooting incident at issue.

36. As a direct and proximate result of the wrongful acts of Defendants

Livingston, G Spot and John Does 2-5, Plaintiff, on behalf of the statutory beneficiaries,

is entitled to recover actual damages against Defendants Livingston, G Spot and John

Does 2-5 in an amount to be determined by this Court, together with costs and

disbursements in this action.

37. The acts, delicts, errors and omissions as described hereinabove were

negligent, grossly negligent, wanton, willful, and reckless and as a result, Plaintiff, on

behalf of the statutory beneficiaries, is entitled to an award of punitive damages against

Defendants Livingston, G Spot and John Does 2-5.

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FOR A THIRD CAUSE OF ACTION AS TO
DEFENDANTS LIVINGSTON, G SPOT AND JOHN DOES 2-5
(Survival Action)

38. Plaintiff incorporates by reference all previous paragraphs above as if

repeated herein verbatim.

39. That this survival action under SC Code § 15-5-90, Annotated, is brought

by the Plaintiff against Defendants Livingston, G Spot and John Does 2-5 on behalf of the

Estate of Emauel Taysean Melvin for his conscious pain, suffering, mental anguish,

anxiety, stress, disfigurement, and ultimately his death.

40. The Estate of Emauel Taysean Melvin survives his untimely and

preventable death at the hands of Defendant John Doe 1 and due to the negligence,

gross negligence, wanton, willful and reckless actions of Defendants Livingston, G Spot

and John Does 2-5.

41. That as a direct and proximate result of the wrongful acts of Defendants

Livingston, G Spot and John Does 2-5, Plaintiff is entitled to recover actual damages

against Defendants Livingston, G Spot and John Does 2-5, which include, but are not

limited to, medical costs, burial expenses, funeral expenses, the cost of opening,

administering, and closing of Emauel’s probate estate, in an amount to be determined by

this Court, together with the costs and disbursements in this action.

42. The acts, delicts, errors and omissions as described hereinabove were

negligent, grossly negligent, wanton, willful, and reckless and as a result, Plaintiff is

entitled to an award of punitive damages against Defendant Livingston, G Spot and John

Does 2-5 in an amount to be determined by the Court.

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FOR A FOURTH CAUSE OF ACTION AS TO
DEFENDANTS LIVINGSTON, G SPOT AND JOHN DOES 2-5
(Loss of Consortium)

43. Plaintiff incorporates by reference all previous paragraphs above as if

repeated herein verbatim.

44. Plaintiff is the surviving mother of Emauel, and she brings this loss of

consortium claim on behalf of herself and on behalf of Terrence Melvin, the surviving

father of Emauel. At the time of Emauel’s death, there was a mother/son and father/son

bond, in which Plaintiff and Terrence Melvin received the benefit of tender love and care

from Emauel.

45. As a direct and proximate cause of the negligence, gross negligence,

recklessness, willfulness and wantonness of Defendants Livingston, G Spot and John

Does 2-5, the Plaintiff and Terrance Melvin have suffered the loss of Emauel’s

companionship, advice, counsel, experience, knowledge, and judgment in managing his

affairs for himself and his beneficiaries.

46. All of which injuries and loss caused damage to the Plaintiff in an amount

to be determined by this Court.

47. As a further result, and because of the reckless, willful, and grossly

negligent conduct of Defendants Livingston, G Spot and John Does 2-5 which ultimately

caused the wrongful death of Emauel, the Plaintiff is entitled to actual, consequential, and

punitive damages in an amount to be determined by a jury in accordance with the law

and evidence in this case.

WHEREFORE, Plaintiff prays that this Honorable Court will grant her a judgment

against Defendants, jointly, severally, or in the alternative, in an amount to be determined

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by the Court, along with prejudgment interest, punitive damages, reasonable attorney’s

fees, costs of this action, and for such other and further relief as this Court may deem just

and proper.

OXNER & STACY LAW FIRM, LLC

s/Harry A. Oxner .
Harry A. Oxner
Attorney for Plaintiff
PO Box 481
Georgetown, SC 29442-0481
Telephone: 843-527-8020
Facsimile: 843-485-4121
Email: hoxner@oxnerandstacy.com
SC Bar No.: 65487

Georgetown, South Carolina

March 29, 2023

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