ELECTRONICALLY FILED - 2023 May 03 4:51 PM - CHARLESTON - COMMON PLEAS - CASE#2023CP1002140

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

NINTH JUDICIAL CIRCUIT
COUNTY OF CHARLESTON )
Case No.: 2023-CP-__-__________

ZOULEIKA BALL; )
)
Plaintiffs, )
)
vs. )
)
NORTHWOODS MALL CMBS LLC, dba ) SUMMONS
NORTHWOODS MALL, CBLS & ) (JURY TRIAL DEMANDED)
ASSOCIATES MANAGEMENT LLC, )
SECURAMERICA LLC aka UNIVERSAL )
PROTECTION SERVICES, LLC, NATHAN )
DAMPF, and JOES DOES #1-10 )

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 have a copy of your Answer to the Complaint
served upon the subscriber at 3955 Faber Place Drive, Suite 103, North Charleston, SC 29405 within
THIRTY (30) DAYS after the service hereof, exclusive of the day of such service. If you fail to
answer the Complaint within that time, judgment by default will be rendered against you for the
relief demanded in the Complaint.
Respectfully submitted by,
THE LOKEY LAW FIRM, LLC
/s/ Jason R. White__
Jason R. White, Esq. (SC Bar No. 105925)
Arianna V. Rodriguez, Esq. (SC Bar
No.105847)
Warren R. Lokey, Esq. (SC Bar No. 101792)
3955 Faber Place Drive, Suite 103
North Charleston, South Carolina 29405
P. (843) 202-0675
F. (843) 589-1042
May 3, 2023 Email: jwhite@lokeylawfirm.com
North Charleston, South Carolina arodriguez@lokeylawfirm.com
wrlokey@lokeylawfirm.com
 ELECTRONICALLY FILED - 2023 May 03 4:51 PM - CHARLESTON - COMMON PLEAS - CASE#2023CP1002140
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
NINTH JUDICIAL CIRCUIT
COUNTY OF CHARLESTON )
Case No.: 2023-CP-__-__________

ZOULEIKA BALL; )
)
Plaintiffs, )
)
vs. )
)
NORTHWOODS MALL CMBS LLC, dba ) COMPLAINT
NORTHWOODS MALL, CBLS & ) (JURY TRIAL DEMANDED)
ASSOCIATES MANAGEMENT LLC, )
SECURAMERICA LLC aka UNIVERSAL )
PROTECTION SERVICES, LLC, NATHAN )
DAMPF, and JOES DOES #1-10 )

Defendants.

THE PLAINTIFF, COMPLAINING OF THE DEFENDANTS, ALLEGE AND SAY AS

FOLLOWS:

1. That the Plaintiff, Zouleika Ball (herein referred to as “Plaintiff Ball”) was and is at all

times material to this complaint, a citizen and resident of Berkeley County.

2. That upon information and belief, Northwoods Mall CMBS LLC dba Northwoods Mall

(hereinafter collectively referred to as “Northwoods Mall”) was and is at all times

material to this complaint, a foreign limited liability company authorized to transact

business and conduct its affairs in the State of South Carolina and that does business as

Northwoods Mall located 2150 Northwoods Blvd, North Charleston, SC 29406.

3. That upon information and belief, CBL & Associates Management LLC (hereinafter

collectively referred to as “CBLS & Associates”) was and is at all times material to this

complaint, a foreign limited liability company authorized to transact business and

conduct its affairs in the State of South Carolina and that does business as Northwoods

Mall located 2150 Northwoods Blvd, North Charleston, SC 29406.

 ELECTRONICALLY FILED - 2023 May 03 4:51 PM - CHARLESTON - COMMON PLEAS - CASE#2023CP1002140
4. That upon information and belief, SecurAmerica LLC nka Universal Protection Services,

LLC (hereinafter collectively referred to as “SecureAmerica”) was and is at all times

material to this complaint, a foreign limited liability company authorized to transact

business and conduct affairs in the State of South Carolina and hold itself as a security

company providing security at the Northwoods Mall for the benefit of the mall and third

parties.

5. That upon information and belief, Nathan Dampf (hereinafter referred to as “Defendant

Dampf ”) was and is at all times material to this complaint, a citizen and resident of

Charleston County, South Carolina, and is and was at all times relevant hereto an

employee/agent of CBL or Northwoods, or both, serving as the General Manager of

Northwoods Mall.

6. That upon information and belief, John Does #1-10 (hereinafter collectively referred to

as “John Does”) was and is at all times material to this complaint, are unknown and

unidentifiable at this time, but whose negligence harmed, caused, and contributed to

Plaintiff Ball’s injuries. These persons and/or entities will be served upon identification.

7. Jurisdiction and venue are proper in Charleston County.

FACTUAL BACKGROUND

8. Plaintiff Ball hereby incorporates by reference Paragraphs 1-6 of this Complaint as if

fully re-stated herein.

9. That on or about February 14, 2021 Plaintiff Ball was shopping at Northwoods Mall

located at 2150 Northwoods Boulevard, North Charleston, South Carolina 29406.

10. At approximately the same time, gunfire erupted in the mall due to and by, upon

information and belief, the dispute of two men unknown to Plaintiff Ball.

11. Plaintiff Ball was shot in her right thigh and suffered a graze wound to her left index
 ELECTRONICALLY FILED - 2023 May 03 4:51 PM - CHARLESTON - COMMON PLEAS - CASE#2023CP1002140
finger in which she used a makeshift tourniquet to slow bleeding until authorities arrived

to help. Plaintiff Ball was transported to a hospital upon EMS arrival.

12. At the time of the shooting, Northwoods Mall CMBS LLC owned, managed, or

operated the mall and its premises.

13. During this same time, CBL & Associates was a property management company that

exercised control over the mall and its premises.

14. During this same time, SecurAmerica was a security company hired and retained to

provide security services at the subject location and at Northwoods Mall.

15. During this same time, Defendant Kampf was the General manager of the Northwoods

Mall and was in charge of securing, managing and operating the mall.

CLAIMS FOR NEGLIGENCE

16. Plaintiff would at this time like to re-allege each and every allegation of the Complaint

contained in Paragraphs 1-15, including all subparts, as if fully set forth herein.

17. As a direct and proximate result of Defendants’ acts and omissions as set forth below,

Plaintiff was assaulted and shot.

18. Plaintiff was a business invitee of the subject premises and exercised ordinary care and

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

19. All all times mentioned herein, Defendants’ Northwoods Mall, CBL & Associates,

SecurAmerica and Defendant Dampf controlled, owned, operated and/or managed the

subject premises, and had the legal duty to keep the premises in a state consistent with

the due regard of the safety of its invitees. Further, Defendants’ herein listed had a legal

duty to protect invitees from third-party criminal attacks on its premises.

20. Plaintiff was a third-party beneficiary of the security services provided by Defendant

SecurAmerica per its contractual obligations to Northwoods and/or CBL, and, as such,
 ELECTRONICALLY FILED - 2023 May 03 4:51 PM - CHARLESTON - COMMON PLEAS - CASE#2023CP1002140
was owed a duty by SecurAmerica and its employees, officers and security agents to

maintain and keep the premises free of criminal actions and/or unsafe conditions.

21. At all times pertinent to the subject shooting, Defendants, individually and by and

through their agents, servants, and employees were negligent in:

a. Failing to provide adequate security on the premises;

b. Failing to exercise reasonable care to provide a safe environment for the invitees of

the premises;

c. Failing to provide proper and adequate surveillance of the premises;

d. Failing to monitor the performance of their security personnel to ensure the safety of

invitees on the premises;

e. Failing to implement and follow security measures commensurate with the

recommendations of security experts and consultants;

f. Failing to have adequate patrols on the premises so as to deter dangerous activity on

the premises;

g. Failing to property budget or allocate resources so that adequate security measures

could be implemented and maintained;

h. Failing to remove dangerous persons from the premises;

i. Failing to maintain, inspect, secure, patrol, and manage the premises; and

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

22. The shooting and the resulting injuries and damages to Plaintiff was caused directly and

proximately by one or more of the following negligent, grossly negligent, negligent per se,

careless, reckless, willful, wanton and unlawful acts, and/or omissions of the Defendant

in any one or more of the following respects:

a. In failing to use due care;

 ELECTRONICALLY FILED - 2023 May 03 4:51 PM - CHARLESTON - COMMON PLEAS - CASE#2023CP1002140
b. In violating S.C. Code Ann. §§ 56-5-2320.

c. In failing to exercise the degree of care and caution that a reasonable and
prudent person would have exercised under the circumstances then and there
prevailing;

d. In failing to immediately report an incident involving personal injury;

e. In any other acts that represent a breach of the statutory or common laws of the
State of South Carolina; and

f. In any other such manner that Plaintiffs may become aware of through discovery
and/or at trial.

DAMAGES

23. Plaintiff would at this time like to re-allege each and every allegation of the Complaint

contained in Paragraphs 1-22, including all subparts, as if fully set forth herein.

24. Plaintiff Ball was severely injured in her right thigh and left hand by gunshot wound. The

bullet remains lodged in her leg today.

25. As a direct and proximate cause of the Defendants' negligance, Plaintiff Ball endured,

and will continue to endure pain and suffering as she will have to continue to spend

money for mental health treatments and related prescriptions due to trauma, anxiety,

post-traumatic stress disorder, fear impairment, major depressive disorder and insomnia

she developed from the shooting.

26. Plaintiff Ball’s capacity to live, enjoy life, function normally at home, work and all over

public arenas was restricted and diminished as result of the conduct of Defendants.

27. Plaintiff Ball has suffered the injurious effects of the great emotional distress, metal

anguish, pain, suffering, and other such losses as a result of being a victim to the incident

caused by Defendants.

28. Plaintiff Ball has suffered loss of income due to the inability to work for a period of time

as result of the Defendants’ negligence.

 ELECTRONICALLY FILED - 2023 May 03 4:51 PM - CHARLESTON - COMMON PLEAS - CASE#2023CP1002140
29. That upon information and belief, Plaintiff are entitled to judgment against the

Defendants for actual, compensatory and exemplary or punitive damages for her

personal injuries set forth herein in an amount that is fair, just and reasonable under the

circumstances, plus whatever costs, interest and attorney fees that she may be entitled as

the trier of fact may find.

WHEREFORE, Plaintiff prays for judgment against 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

disbursement of this action, and both by prejudgment and post judgment interest, and for such

other and further relief in law or in equity, as this court may deem just and proper.

Respectfully submitted,

THE LOKEY LAW FIRM, LLC.

/s/Jason R. White, Esq.

Arianna V. Rodriguez, Esq. (SC Bar No.: 105847)
Jason R. White, Esq. (SC Bar No.: 105925)
Warren R. Lokey, Esq. (SC Bar No.: 101792)
3955 Faber Pl. Dr. Suite 103
N. Charleston, SC 29405
Tel: (843) 202-0675
Fax: (843) 589-1042
Email: white@lokeylawfirm.com
arodriguez@lokeylawfirm.com
wrlokey@lokeylawfirm.com
ATTORNEYS FOR PLAINTIFF
May 3, 2023
North Charleston, South Carolina