Belue Cook Henderson Lawsuit

ELECTRONICALLY FILED - 2023 May 16 2:37 PM - CHARLESTON - COMMON PLEAS - CASE#2023CP1002356
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON

PLEAS NINTH JUDICIAL CIRCUIT
COUNTY OF CHARLESTON CASE NO.: 2023-CP-10-______
DONNA JEAN BRYAN AS

PERSONAL REPRESENTATIVE
OF THE ESTATE OF CHAD
BELUE, DECEDENT, JESSE
ALLEN RAPUE AS PERSONAL
REPRESENTATIVE OF THE
ESTATE OF LEA MARIE COOK, SUMMONS
DECEDENT, AND BRADLEY
STEPHEN HUNT
Plaintiffs,
v.
ESTATE OF CRYSTAL L.
HENDERSON, DECEDENT
AND DAVID JOSEPH WALKER,
Defendants.
TO THE DEFENDANTS 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 your answer
to this Complaint upon the subscriber, at 613 Long Point Road Suite 100 Mount
Pleasant, South Carolina 29464, 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.
RIESEN DURANT, LLC
S/G. Rutledge DuRant

G. Rutledge DuRant
S.C. Bar No. 73944
613 Long Point Road, Suite 100
Mount Pleasant, South Carolina 29464
Telephone: 843.800.0809
Facsimile: 843.767.3282
Email: rutledge@riesendurant.com
Attorney for the Plaintiff Estate of
Chad Everett Belue
ATTORNEY AT LAW
S/Alan Tanenbaum
Alan M. Tanenbaum
S.C. Bar No. 5469
116 Church Street
P.O. Box 12
Charleston, South Carolina 29402
Telephone: 843.722.2588
Facsimile: 843.722.2250
Email: alan@tanlaw.com
Lea Marie Cook
RIKARD+PROTOPAPAS
S/Lindsay F. Johnson
Lindsay F. Johnson
S.C. Bar No. 100930
2110 N. Beltline Road
Columbia, South Carolina 29204
Telephone: 843.408.1054
Facsimile: 803.978.6112
Email: ljohnson@rplegalgroup.com
Attorney for the Plaintiff Bradley Stephen
Hunt
Mount Pleasant, South Carolina
May 16, 202
1
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON
PLEAS NINTH JUDICIAL CIRCUIT
COUNTY OF CHARLESTON CASE NO.: 2023-CP-10-_____
DONNA JEAN BRYAN AS

PERSONAL REPRESENTATIVE
OF THE ESTATE OF CHAD
BELUE, DECEDENT, JESSE
ALLEN RAPUE AS PERSONAL
REPRESENTATIVE OF THE
ESTATE OF LEA MARIE COOK, COMPLAINT
DECEDENT, AND BRADLEY (Jury Trial Requested)
STEPHEN HUNT,
Plaintiffs,
v.
ESTATE OF CRYSTAL L.
HENDERSON, DECEDENT
AND DAVID JOSEPH WALKER,
Defendants.
The Plaintiffs above-named, complaining of the Defendants above named,
allege and say as follows:
1. Donna Jean Bryan (hereinafter “Plaintiff Bryan”), is the sister and duly appointed
Personal Representative of Estate of Chad Everett Belue (hereinafter “Chad
Everett Belue”), for the purpose of bringing a civil action in Charleston County,
South Carolina and does bring this action on behalf of the Estate of Chad Everett
Belue.
2. Jesse Allen Rapue (hereinafter “Plaintiff Rapue”), is the son and duly appointed
Personal Representative of Estate of Lea Marie Cook (hereinafter “Lea Marie
2
Cook”), for the purpose of bringing a civil action in Charleston County, South
Carolina and does bring this action on behalf of the Estate of Lea Marie Cook.
3. That the Plaintiff, Bradley Stephen Hunt (hereinafter “Plaintiff Hunt”), is a
citizen and resident of Charleston County, South Carolina
4. That Upon information and belief, Crystal L. Henderson (herein after “Defendant
Henderson”), was a citizen and resident of Charleston County, State of South
Carolina and subject to the jurisdiction of this Court at the time of this incident.
5. Upon information and belief, Crystal L. Henderson passed away on January 27,
2022 and as such it is proper to name her estate as a Defendant in this matter.
6. That the Defendant, David Joseph Walker (hereinafter “Defendant Walker”), is,
upon information and belief, a citizen and resident of Charleston County, South
Carolina.
7. That the subject of this Complaint involves a motor vehicle collision that occurred
on Magwood Drive. The alleged facts and omissions herein giving rise to this
cause of action occurred in Charleston County, State of South Carolina.
8. That this Court has jurisdiction over the parties and the subject matter of this
litigation.
9. That on or about December 26, 2021, at approximately 6:22 p.m., Plaintiff Belue
was the driver of a 2016 Harley Davidson with license plate XG48067. Plaintiff
Hunt was traveling north on Magwood Drive in the County of Charleston, State
of South Carolina.
3
10. That Plaintiff Cook was a passenger on the 2016 Harley Davidson driven by
Plaintiff Belue.
11. That on that same date, time and location, Plaintiff Hunt was operating a 2015
Harley Davidson with license plate ZF85903. Plaintiff Hunt was traveling north
on Magwood Drive behind Plaintiff Belue.
12. That on that same date, time and location, Crystal L. Henderson was operating a
2021 Nissan Sentra with license plate UCB988, owned by Defendant David
Joseph Walker.
13. That Crystal L. Henderson was traveling south on Magwood Drive in the County
of Charleston, State of South Carolina.
14. That Crystal L. Henderson, while intoxicated, failed to maintain her lane, crossed
the center line and struck Plaintiff Belue and Plaintiff Hunt’s motorcycles.
15. That the Defendant, David Joseph Walker, entrusted Crystal L. Henderson with
his vehicle with actual or constructive knowledge that Crystal L. Henderson was
intoxicated.
16. That Plaintiff Belue and Plaintiff Cook died as a result of the injuries they
sustained in this wreck.
17. That Plaintiff Hunt sustained injuries to his body and person as a result of this
wreck.
18. That the Defendants owed a duty of due care to the Plaintiffs.
4
19. At the time and place mentioned above, Defendants Henderson and Walker, were
negligent, careless, reckless, grossly negligent, willful, and wanton at the time and
place above mentioned in the following particulars, to wit:
FOR A FIRST CAUSE OF ACTION

Negligence/Gross Negligence, Negligence per se
as to Defendant Estate of Crystal L. Henderson
a. In failing to use proper care and due diligence in the operation of a motor
vehicle, a dangerous instrumentality.
b. In operating a motor vehicle in an unsafe manner.
c. In failing to properly turn a motor vehicle with reasonable safety in
violation of S.C. Code Ann § 56-5-2150, thereby constituting negligence
per se.
d. In failing to maintain lane in violation of S.C. Code Ann § 56-5-1810,
thereby constituting negligence per se.
e. In failing to yield a right of way in violation of S.C. Code Ann § 56-5-580,
thereby constituting negligence per se.
f. In driving a vehicle in such a manner as to indicate either willful or
wanton disregard for the safety of others in violation of S.C. Code Ann §
56-5-2920, thereby constituting negligence per se.
g. In failing to maintain a proper lookout.
h. In operating a vehicle while under the influence of alcohol in violation
of S.C. Code Ann §56-5-2930.
i. In failing to keep a vehicle under proper control.
j. In failing to maintain lane.
k. In failing to maintain and/or timely apply brakes in violation of S.C.
Code Ann § 56-5-4850, thereby constituting negligence per se.
l. In generally failing to obey the traffic laws of the State of South Carolina
in violation of S.C. Code Ann. §56-5-730, thereby constituting negligence
per se.
l. In other manners to be proven at trial; and
m. In generally failing to use the degree of care and caution that a
reasonable and prudent person would have used under the
circumstances then and there prevailing, all of which were the direct
and proximate cause of the injuries and damages suffered by the
Plaintiff herein said acts being in violation of the statutory and common
laws of the State of South Carolina.
5
20. Defendant Estate of Crystal Henderson’s conduct was in violation of S.C. Code
Ann. §56-5-580, 56-5-1520, 56-5-1810, 56-5-1930, 56-5-2110, 56-5-2930, 56-5-
2933, and such other and further statutes that the evidence in trial may show.
21. The premature death of Chad Everett Belue was the direct and proximate result
of the careless, negligent, grossly negligent, and reckless conduct of the Defendant
Henderson. As a direct and proximate result of the wreck, Chad Everett Belue,
suffered fatal injuries. That prior to her death, Chad Everett Belue experienced
conscious pain and suffering, and mental anguish. That the beneficiaries of Chad
Everett Belue have suffered grief, sorrow, shock, loss of consortium and other
damages as a result of his death. In addition, the Plaintiff has incurred expenses
such as funeral expenses, lost wages and other costs associated with his untimely
death.
22. The premature death of Lea Marie Cook was the direct and proximate result of
the careless, negligent, grossly negligent, and reckless conduct of the Defendant
Henderson. As a direct and proximate result of the wreck, Lea Marie Cook,
suffered fatal injuries. That prior to her death, Lea Marie Cook experienced
conscious pain and suffering, and mental anguish. That the beneficiaries of Lea
Marie Cook have suffered grief, sorrow, shock, loss of consortium and other
damages as a result of her death. In addition, Plaintiff Cook has incurred
expenses such as funeral expenses, lost wages and other costs associated with her
untimely death.
6
23. As a result of all Defendants’ negligence, recklessness, carelessness, willfulness,
wantonness, and gross negligence, Plaintiff Hunt received serious and permanent
injuries causing Plaintiff to be under the care of a doctor, to incur medical
expenses. Plaintiff has also suffered serious and permanent injuries which have
and will in the future cause him to endure great physical pain, suffering, mental
anguish, emotional distress, and will ultimately incur future bills.
FOR A SECOND CAUSE OF ACTION

Negligent Entrustment as to Defendant David Joseph Walker
24. Plaintiffs repeat the above allegations of paragraphs into this cause of action here
as if set forth verbatim.
25. Defendant, David Joseph Walker, at the time of the events described herein, had
actual knowledge, or should have had constructive knowledge of Crystal L.
Henderson’s consumption of alcohol, addiction to intoxicants, and/or habit of
drinking.
26. Defendant, David Joseph Walker, at the time of the events described herein, had
actual knowledge, or should have had constructive knowledge that Crystal L.
Henderson was likely to drive while intoxicated.
27. Despite this knowledge, Defendant David Joseph Walker entrusted his vehicle to
Crystal Henderson.
28. Defendant David Joseph Walker is liable to Plaintiffs for their injuries and
damages given his negligent, reckless, willful, and wanton entrustment of his
vehicle to Defendant David Joseph Walker.

7
29. The premature death of Chad Everett Belue was the direct and proximate result
of the careless, negligent, grossly negligent, and reckless conduct of Defendant
Walker. As a direct and proximate result of the wreck, Chad Everett Belue
suffered fatal injuries. That prior to his death, Chad Everett Belue experienced
conscious pain and suffering, and mental anguish. That the beneficiaries of Chad
Everett Belue have suffered grief, sorrow, shock, loss of consortium and other
damages as a result of his death. In addition, Plaintiff Belue has incurred
expenses such as funeral expenses, lost wages and other costs associated with his
untimely death.
30. The premature death of Lea Marie Cook was the direct and proximate result of
the careless, negligent, grossly negligent, and reckless conduct of Defendant
Walker. As a direct and proximate result of the wreck, Lea Marie Cook suffered
fatal injuries. That prior to her death, Lea Marie Cook experienced conscious pain
and suffering, and mental anguish. That the beneficiaries of Lea Marie Cook have
suffered grief, sorrow, shock, loss of consortium and other damages as a result of
her death. In addition, Plaintiff Cook has incurred expenses such as funeral
expenses, lost wages and other costs associated with her untimely death.
31. Plaintiff Hunt has suffered and will continue to suffer great pain, suffering,
humiliation, mental anguish, emotional distress, and ultimately will incur future
medical bills.
FOR A THIRD CAUSE OF ACTION

Family Purpose Doctrine as to Defendant David Joseph Walker
8
32. Plaintiffs incorporate by reference, as if fully set forth, each and every allegation
in the proceeding paragraphs.
33. That at the time of the events described herein, the Defendant David Joseph
Walker was married to and resided with the decedent Crystal L. Henderson. That
the Defendant David Joseph Walker as head of the family, owned, furnished and
maintained a vehicle for the general use, pleasure and convenience of his family,
and is liable for the negligence of a member of the family having general authority
to drive it while the vehicle is being so used, including the decedent Crystal L.
Henderson.
FOR A FOURTH CAUSE OF ACTION

Wrongful Death as to all Defendants
35. As a result of the above-referenced negligent acts, Decedents Belue and Cook
suffered conscious pain and suffering, personal injuries and trauma prior to their
deaths.
36. Further, Plaintiffs Belue and Cook are entitled to compensation for funeral
expenses and other compensatory damages, and are entitled to punitive damages
in an amount to be determined by a jury for the matters as alleged herein.
37. Pursuant to the Death by Wrongful Act, § 15-51-10, et al., South Carolina Code of
Laws, Plaintiffs Belue and Cook allege entitlement to all of the above-referenced
9
and foregoing causes of action as survivor and/or as Personal Representatives of
the Estates of Chad Everett Belue and Lea Marie Cook.
38. The Plaintiffs further alleges that as a result of the death of the Decedents,
Decedents’ beneficiaries have suffered and will suffer pecuniary loss, mental shock
and suffering, wounded feelings, grief and sorrow, loss of companionship,
deprivation of use and comfort of Decedents’ society, all both past and future; and
funeral expenses, and other compensatory damages, all to the beneficiaries’ actual
damages, and further are entitled to punitive damages in an amount to be
determined by a jury.
39. All of the above-referenced acts and/or omissions and/or commissions are in
violation of the common laws and statutes of the State of South Carolina, and the
Defendants’ obligations and duties to the Plaintiffs.
FOR A FIFTH CAUSE OF ACTION

Survival Action Against all Defendants
41. As a result of the above-referenced acts, Decedents sustained serious injuries
ultimately causing their wrongful deaths.
42. Plaintiffs Belue and Cook alleged that as a result of the above-referenced acts, the
Decedents suffered conscious pain and suffering, personal injuries and trauma
prior to their death, and Plaintiffs Belue and Cook are entitled to funeral expenses
10
and other compensatory damages and are entitled to punitive damages in an
amount to be determined by a jury.
43. Pursuant to the Survival Right of Action § 15-5-90 et al., South Carolina Code of
Laws, Plaintiffs Belue and Cook allege entitlement to all of the above-referenced
and foregoing causes of action as survivors and as the Personal Representatives
of the deceased.
44. All of the above-referenced acts and/or omissions and/or commissions are in
violation of the common laws and statutes of the State of South Carolina, and the
Defendants’ obligations and duties to the Plaintiffs.
45. Each of these acts and/or omissions and/or commissions proximately caused
Plaintiffs Belue and Cook’s injuries and wrongful death.
46. As a direct and proximate cause of all the breaches by all Defendants complained
herein, Plaintiff suffered injuries, including, but not limited to, pain and suffering,
mental anguish, emotional distress, physical impairment, as well as future pain
and suffering, mental anguish, emotional distress, and physical impairment.
47. Plaintiffs are informed and believe that they are entitled to actual damages in an
amount which would adequately compensate them for their injuries and damages,
as well as reasonable punitive damages as may be determined by the trier of fact.
WHEREFORE, the Plaintiffs pray for judgment against the Defendants on
their claims of negligence, gross negligence, carelessness, recklessness, negligence
per se, and willfulness and wantonness in such sum of actual and punitive damages
11
that a trier of fact may determine together with such other relief this Court may deem
just and proper.
RIESEN DURANT, LLC
S/G. Rutledge DuRant

G. Rutledge DuRant
S.C. Bar No. 73944
613 Long Point Road, Suite 100
Mount Pleasant, South Carolina 29464
Telephone: 843.800.0809
Facsimile: 843.767.3282
Email: rutledge@riesendurant.com
Chad Everett Belue
ATTORNEY AT LAW
S/Alan Tanenbaum
Alan M. Tanenbaum
S.C. Bar No. 5469
116 Church Street
P.O. Box 12
Charleston, South Carolina 29402
Telephone: 843.722.2588
Facsimile: 843.722.2250
Email: alan@tanlaw.com
Lea Marie Cook
RIKARD+PROTOPAPAS
S/Lindsay F. Johnson
Lindsay F. Johnson
S.C. Bar No. 100930
2110 N. Beltline Road
Columbia, South Carolina 29204
Telephone: 843.408.1054
Facsimile: 803.978.6112
Email: ljohnson@rplegalgroup.com
12
Attorney for the Plaintiff Bradley Stephen
Hunt
13
Mount Pleasant, South Carolina
May 16, 2023

Belue Cook Henderson Lawsuit

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Belue Cook Henderson Lawsuit

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ELECTRONICALLY FILED - 2023 May 16 2:37 PM - CHARLESTON - COMMON PLEAS - CASE#2023CP1002356

STATE OF SOUTH CAROLINA IN THE COURT OF COMMON

COUNTY OF CHARLESTON CASE NO.: 2023-CP-10-______

DONNA JEAN BRYAN AS

TO THE DEFENDANTS ABOVE-NAMED:

YOU ARE HEREBY SUMMONED and required to answer the Complaint

S/G. Rutledge DuRant

COUNTY OF CHARLESTON CASE NO.: 2023-CP-10-_____

DONNA JEAN BRYAN AS

The Plaintiffs above-named, complaining of the Defendants above named,

allege and say as follows:

Personal Representative of Estate of Chad Everett Belue (hereinafter “Chad

Personal Representative of Estate of Lea Marie Cook (hereinafter “Lea Marie

3. That the Plaintiff, Bradley Stephen Hunt (hereinafter “Plaintiff Hunt”), is a

citizen and resident of Charleston County, South Carolina

Henderson”), was a citizen and resident of Charleston County, State of South

cause of action occurred in Charleston County, State of South Carolina.

on Magwood Drive behind Plaintiff Belue.

of Charleston, State of South Carolina.

sustained in this wreck.

place above mentioned in the following particulars, to wit:

FOR A FIRST CAUSE OF ACTION

Ann. §56-5-580, 56-5-1520, 56-5-1810, 56-5-1930, 56-5-2110, 56-5-2930, 56-5-

damages as a result of her death. In addition, Plaintiff Cook has incurred

injuries causing Plaintiff to be under the care of a doctor, to incur medical

anguish, emotional distress, and will ultimately incur future bills.

FOR A SECOND CAUSE OF ACTION

as if set forth verbatim.

actual knowledge, or should have had constructive knowledge of Crystal L.

Henderson’s consumption of alcohol, addiction to intoxicants, and/or habit of

actual knowledge, or should have had constructive knowledge that Crystal L.

Henderson was likely to drive while intoxicated.

vehicle to Defendant David Joseph Walker.

of the careless, negligent, grossly negligent, and reckless conduct of Defendant

damages as a result of his death. In addition, Plaintiff Belue has incurred

the careless, negligent, grossly negligent, and reckless conduct of Defendant

FOR A THIRD CAUSE OF ACTION

in the proceeding paragraphs.

FOR A FOURTH CAUSE OF ACTION

in the proceeding paragraphs.

in an amount to be determined by a jury for the matters as alleged herein.

the Estates of Chad Everett Belue and Lea Marie Cook.

and suffering, wounded feelings, grief and sorrow, loss of companionship,

damages, and further are entitled to punitive damages in an amount to be

Defendants’ obligations and duties to the Plaintiffs.

FOR A FIFTH CAUSE OF ACTION

in the proceeding paragraphs.

41. As a result of the above-referenced acts, Decedents sustained serious injuries

ultimately causing their wrongful deaths.

amount to be determined by a jury.

and foregoing causes of action as survivors and as the Personal Representatives

Defendants’ obligations and duties to the Plaintiffs.

Plaintiffs Belue and Cook’s injuries and wrongful death.

mental anguish, emotional distress, physical impairment, as well as future pain

and suffering, mental anguish, emotional distress, and physical impairment.

as well as reasonable punitive damages as may be determined by the trier of fact.

WHEREFORE, the Plaintiffs pray for judgment against the Defendants on

their claims of negligence, gross negligence, carelessness, recklessness, negligence

just and proper.

RIESEN DURANT, LLC

S/G. Rutledge DuRant

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