ELECTRONICALLY FILED - 2023 Apr 18 1:16 PM - HORRY - COMMON PLEAS - CASE#2023CP2602424

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

) FIFTEENTH JUDICIAL CIRCUIT
COUNTY OF HORRY ) CASE NO.: 2023-CP-26-_______
)
Mother Doe and Father Doe, Individually )
And as the Parents and Natural Guardians ) SUMMONS
of Jane Doe, a minor )
)
Plaintiffs, )
)
vs. )
)
Palmetto Preschool & Learning Center, )
LLC )
)
Defendant. )
____________________________________)

TO THE DEFENDANT ABOVE-NAMED:

YOU ARE HEREBY SUMMONED and required to answer the Complaint herein, a

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

Complaint upon the subscriber, at the address shown below, within thirty (30) days after

service hereof, exclusive of the day of such service, and if you fail to answer the Complaint,

judgment by default will be rendered against you for the relief demanded in the Complaint.

s/ Julia M. Flumian
Daniel W. Luginbill SC Bar No. 68525
Julia M. Flumian SC Bar No. 77617
McGowan Hood Felder & Phillips, LLC
10 Shem Dr., Suite 300
Mt. Pleasant, SC 29464
Phone: (843) 268-4623
Fax: (843) 388-3194
Email: dluginbill@mcgowanhood.com
jflumian@mcgowanhood.com

Attorneys for the Plaintiffs

April 18, 2023

Mt. Pleasant, South Carolina

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 ELECTRONICALLY FILED - 2023 Apr 18 1:16 PM - HORRY - COMMON PLEAS - CASE#2023CP2602424
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
) FIFTEENTH JUDICIAL CIRCUIT
COUNTY OF HORRY ) CASE NO.: 2023-CP-26-_______
)
Mother Doe and Father Doe, Individually )
And as the Parents and Natural Guardians ) COMPLAINT
of Jane Doe, a minor ) (Negligence)
)
Plaintiffs, ) Jury Trial Demanded
)
vs. )
)
Palmetto Preschool & Learning Center, )
LLC )
)
Defendant. )
____________________________________)

COMES NOW the Plaintiffs, Mother and Father Doe, individually and as the parents and

natural guardians for Plaintiff Jane Doe, a minor, by and through their undersigned counsel,

hereby brings the following Complaint against Defendant Palmetto Preschool & Learning

Center, LLC, and alleges as follows:

PARTIES & VENUE

1. Plaintiffs Mother and Father Doe are citizens and residents of Horry County, South

Carolina. The Plaintiffs are the parents and natural guardians of Jane Doe, a minor.

2. Plaintiff Jane Doe is a citizen and resident of Horry County, South Carolina. She is

currently nine (“9”) years of age. Plaintiff Jane Doe resides with her parents and, at all times

mentioned herein, was a student enrolled at Defendant Palmetto Preschool & Learning Center,

LLC (“Palmetto Preschool”). During the events detailed herein, Plaintiff Jane Doe was six (“6”)

years of age.

3. Plaintiffs are using pseudonyms due to the sensitive nature of the subject matter of this

action and due to the age of Jane Doe at the time of the allegations contained herein.

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4. Defendant Palmetto Preschool is a limited liability company organized pursuant to

the laws of the State of South Carolina and, at all times relevant hereto, was conducting business

in Horry County, South Carolina. Defendant Palmetto Preschool acted and carried on its business

by and through its agents, servants, and/or employees operating within the scope of their

officially assigned and/or compensated duties.

5. Venue in this Court is proper, as the most substantial acts and omissions giving rise to

the causes of action occurred in Horry County, South Carolina.

FACTUAL ALLEGATIONS

6. Plaintiffs moved to Horry County in the summer of 2020 and enrolled Plaintiff Jane Doe

and her sister at Defendant Palmetto Preschool at 110 Village Center Boulevard, Myrtle Beach,

South Carolina.

7. On or about September 2020, Plaintiff Jane Doe reported to her parents that another

child at the school was locking her in a bathroom and sexually assaulting her.

8. Plaintiff Mother Doe reported the assault to the school the day it was reported by her

daughter.

9. Plaintiff Jane Doe’s teacher, known to the family as “Ms. Amy,” assured Plaintiff

Mother Doe that Defendant Preschool would investigate the allegations and keep Plaintiff Jane

Doe separated from the perpetrator.

10. In reliance on Defendant’s employee’s statements and believing their child would be

protected by the staff, employees, and/or agents of Defendant Preschool, Plaintiff Mother and

Father Doe permitted their children to return to Defendant Preschool.

11. Two days later, Plaintiff Jane Doe reported to Plaintiff Mother Doe that the perpetrator

had assaulted her again.

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12. Following Plaintiff Jane Doe’s second report to Plaintiff Mother Doe, she spoke to

Defendant Palmetto Preschool’s administrator, Jennifer Cusack.

13. Defendant Palmetto Preschool’s administrator informed Plaintiff Mother Doe that the

school was understaffed, and it was not possible for it to keep Plaintiff Jane Doe separated from

her perpetrator.

14. Plaintiff Mother and Father Doe transferred Plaintiff Jane Doe from Defendant

Palmetto Preschool on or about September 2020.

15. Plaintiff Jane Doe began counseling to treat depression and anxiety related to the sexual

assaults that occurred while attending Defendant Palmetto Preschool.

16. The trauma Plaintiff Jane Doe endured led to depression, anxiety, and suicidal ideations.

17. Upon information and belief, Defendant Palmetto Preschool possessed actual and/or

constructive knowledge of the inappropriate actions Plaintiff Jane Doe suffered yet failed to take

any action to prevent the abuse.

18. As a direct result of the above actions of Defendant Palmetto Preschool, Plaintiffs have

been injured and damaged in that Plaintiff Jane Doe has been deprived of the rights, privileges,

and immunities afforded to the citizens of the State of South Carolina and the United States; has

been subject to sexual assaults, physical and psychological injuries; has endured and will endure

mental anguish and emotional distress; and will incur medical bills in the future; and has been

deprived of the enjoyment of her life.

FIRST A FIRST CAUSE OF ACTION

(Negligence/Gross Negligence)

19. The above set forth facts are made part of this First Cause of Action through

incorporation by reference.

20. The above incidents and Plaintiffs’ resulting injuries, sufferings, and damages were

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proximately caused by the negligent, grossly negligent, reckless, willful, and wanton acts of

Defendant Palmetto Preschool in the following particulars:

a. In failing to exercise reasonable or slight care to protect Plaintiff Jane Doe from
harm;

b. In failing to exercise reasonable or slight care to draft and/or institute proper

policy and procedure with regard to the supervision of students;

c. In failing to exercise reasonable or slight care to draft and/or institute proper

policy and procedure necessary to ensure that students are safe and protected from
physical abuse and threatening behavior;

d. In failing to exercise reasonable or slight care to draft and/or institute proper

policy and procedure that would lead to the discovery of inappropriate,
threatening actions by its students and prevent the same from occurring;

e. In failing to exercise reasonable or slight care to make periodic and proper

investigations and take remedial action as might be necessary to prevent
inappropriate and/or threatening actions;

f. In failing to exercise reasonable or slight care to provide Plaintiff with proper

protection from abuse (both physical and mental);

g. In conducting itself in an egregious and arbitrary manner;

h. In breaching its fiduciary duty of trust with regard to Plaintiffs;

i. In failing to follow and adhere to the local state and national standards and laws
regarding the reporting of complaints of sexual assaults against minors;

j. In failing to report inappropriate, abusive behavior to the appropriate legal

authorities;

k. In creating a campus environment which subjected Plaintiff Jane Doe to being

repeatedly sexually harassed and/or abused;

l. In failing to have the appropriate policies and procedures in place to provide

adequate supervision;

m. In abdicating its responsibility to provide a safe school environment;

n. In failing to remedy the improper conduct and actions of its students;

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o. In failing to implement adequate policies and procedures to prevent or deter
bullying;

p. In failing to implement protective measures for Plaintiff Jane Doe when she was
exposed to bullying and sexual harassment, which were known or should have
been known to Defendant;

q. In failing to adequately train employees on bullying and sexual assault prevention,

bullying and sexual assault incident investigation and response to incidents of
bullying and sexual assault;

r. In holding itself out as being willing and able to protect Plaintiff Jane Doe from
abuse, when Defendant knew or should have know it lacked the capacity to do so;

s. In failing to take reasonable action to adequately investigate complaints regarding

Jane Doe; and

t. In such other particulars as shall be shown as discovery progresses.

21. The injuries suffered by Plaintiffs as a result of the negligent and grossly negligent

conduct of Defendant Palmetto Preschool caused and continue to cause her damages, including

and not limited to medical expenses, permanent impairment, mental anguish, and pain and

suffering. Therefore, Plaintiffs are entitled to actual and consequential damages.

FOR A SECOND CAUSE OF ACTION

(Necessaries Doctrine)

22. The above set forth facts are made part of this Second Cause of Action through

incorporation by reference.

23. Plaintiffs Mother and Father Doe are the parents and guardians of Jane Doe.

24. As a direct and proximate result of the aforementioned acts on behalf of Defendant

Palmetto Primary, Mother and Father Doe have been injured and damaged in actual and

consequential damages as follows:

a. Pretrial medical expenses; and

b. Post-trial and future medical expenses until Plaintiff Jane Doe reaches the age of
majority.

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WHEREFORE, Plaintiffs pray for judgment against the Defendants both jointly and in

combination thereof for ACTUAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES, costs

and reasonable attorney fees. Plaintiff submits that each and every sexual assault presented

different injuries and damages which contributed to the overall injuries Plaintiff suffered, as

described above.

Respectfully submitted,

s/ Julia M. Flumian
Daniel W. Luginbill SC Bar No. 68525
Julia M. Flumian SC Bar No. 77617
McGowan Hood Felder & Phillips, LLC
10 Shem Dr., Suite 300
Mt. Pleasant, SC 29464
Phone: (843) 268-4623
Fax: (843) 388-3194
Email: dluginbill@mcgowanhood.com
jflumian@mcgowanhood.com

Attorneys for the Plaintiffs

April 18, 2023

Mt. Pleasant, South Carolina