ELECTRONICALLY FILED - 2023 Aug 28 1:00 PM - HORRY - COMMON PLEAS - CASE#2023CP2605383

STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS FOR

THE FIFTEENTH JUDICIAL CIRCUIT
COUNTY OF HORRY
Case No.: 2023-CP-26-________
Paul Williams, as Personal Representative
of the Estate of Jacob Williams and On
Behalf of the Statutory Beneficiaries,

Plaintiff, SUMMONS
vs. (Survival & Wrongful Death)
(Jury Trial Demanded)
Matthew Brown,

Defendant.

TO: MATTHEW BROWN, DEFENDANT.

A lawsuit has been filed against you. You are hereby summoned and required to answer

the Complaint in this action, of which a copy is hereby served upon you, and to serve a copy of

your Answer to the Complaint to said Plaintiff’s attorney at the address listed below within thirty

(30) days after the service hereof (exclusive of the day of such service). If you fail to do so,

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

also must file your Answer or Motion with the court.

LAW OFFICE OF KENNETH E. BERGER, LLC

s/Kenneth E. Berger
Kenneth E. Berger | kberger@bergerlawsc.com
SC Bar No. 77511
Janek C. Kazmierski | janek@bergerlawsc.com
SC Bar No. 100951
Anaissa S. Kimelman | skimelman@bergerlawsc.com
SC Bar No. 105680
5205 Forest Drive
Columbia, SC 29206

Columbia, South Carolina

August 28, 2023

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 ELECTRONICALLY FILED - 2023 Aug 28 1:00 PM - HORRY - COMMON PLEAS - CASE#2023CP2605383
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS FOR
THE FIFTEENTH JUDICIAL CIRCUIT
COUNTY OF HORRY
Case No.: 2023-CP-26-________
Paul Williams, as Personal Representative
of the Estate of Jacob Williams and On
Behalf of the Statutory Beneficiaries,

Plaintiff, COMPLAINT
vs. (Survival & Wrongful Death)
(Jury Trial Demanded)
Matthew Brown,

Defendant.

The Plaintiff, Paul Williams (“Mr. Williams”) as Personal Representative of the Estate of

Jacob Williams (“Estate”) and on behalf of the Statutory Beneficiaries, by and through the

undersigned counsel, brings this action against Matthew Brown (“Defendant Brown”) based upon

the allegations set forth below.

PARTIES, JURISDICTION, & VENUE

1. Jacob Williams (“Jacob”) died while a resident of Horry County, South Carolina

on or about June 18, 2023.

2. The Horry County Probate Court appointed Jacob’s father, Mr. Williams, to serve

as Personal Representative of the Estate.

3. Mr. Williams brings this action in his fiduciary capacity as Personal Representative

of the Estate by virtue of the authority and provisions of sections 15-5-90 et seq. and 15-51-10 et

seq. of the South Carolina Code.

4. The parties, subject matter, and all matters and things hereinafter alleged are within

this Court’s jurisdiction.

5. At all times relevant to this action, Jacob Williams and Mr. Williams were residents

of Horry County, South Carolina.

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 ELECTRONICALLY FILED - 2023 Aug 28 1:00 PM - HORRY - COMMON PLEAS - CASE#2023CP2605383
6. At all times relevant to this action, Defendant Brown was a resident of Horry

County, South Carolina.

7. The accident giving rise to this Complaint occurred on June 18, 2023, at

approximately 8:56 p.m. on the Intracoastal Waterway in Horry County, South Carolina.

8. Venue is proper in this Court, as the most substantial act and/or omission giving

rise to this matter occurred in Horry County, South Carolina; and Defendant Brown is a resident

of Horry County, South Carolina.

FACTS

9. Upon information and belief, on the night of June 18, 2023, Defendant Brown

consumed alcoholic beverages.

10. After consuming alcoholic beverages to the point of intoxication, Defendant Brown

then chose to operate a boat.

11. Jacob Williams and two other individuals were passengers in the boat operated by

Defendant Brown.

12. Defendant Brown drove the boat into the Intracoastal Waterway.

13. At approximately 8:56 p.m., while driving the boat under the influence of alcohol,

Defendant Brown struck a floating dock.

14. As a result of the collision with the dock, Jacob Williams was ejected from the boat,

struck a portion of the dock, and landed in the waterway. His body was located the next day.

15. As a result of the collision, Jacob Williams suffered and died, leading to Survival

and Wrongful Death damages recoverable by the Estate and the statutory beneficiaries, including

but not limited to:

Survival Damages (Owed to the Estate)

a. Jacob Williams’ Pain and suffering;

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 ELECTRONICALLY FILED - 2023 Aug 28 1:00 PM - HORRY - COMMON PLEAS - CASE#2023CP2605383
b. Jacob Williams’ Mental anguish;

c. Jacob Williams’ Apprehension;

Wrongful Death Damages (Owed Directly to the Statutory Beneficiaries)

d. Grief and sorrow;

e. Loss of companionship;

f. Loss of affection;

g. and such other damages as may be found during discovery and trial.

FOR A FIRST CAUSE OF ACTION

(Negligence/Gross Negligence)

16. Mr. Williams incorporates all allegations of the preceding paragraphs into this

cause of action.

17. Mr. Williams is informed and believes Defendant Brown was negligent, willful,

reckless, grossly negligent, and/or committed negligence per se in at least one of the following

ways:

a. Choosing to operate a boat while under the influence of alcohol to the extent he

was materially and appreciably impaired, in violation of sections 50-21-112 and

50-21-113 of the South Carolina Code;

b. Operating a boat too fast for conditions;

c. Failing to maintain a proper lookout; and

d. Choosing not to use the degree of care and caution that a reasonably prudent

person would under the circumstances.

18. The above-referenced statutes have the essential purpose of protecting a class of

persons from the kind of harm Jacob Williams suffered.

19. Jacob Williams is a member of the class of persons these statutes are intended to

protect.

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 ELECTRONICALLY FILED - 2023 Aug 28 1:00 PM - HORRY - COMMON PLEAS - CASE#2023CP2605383
20. As a foreseeable, direct, and proximate cause of Defendant Brown’s aforesaid acts

and/or omissions, including his statutory violations, which constitute negligence per se, Jacob

Williams sustained critical injuries and conscious suffering prior to death.

21. Plaintiff is entitled to a judgment against Defendant for the above-mentioned actual

damages to Jacob Williams, occurring prior to his death, under sections 15-5-90 et seq. of the South

Carolina Code, and for punitive damages in an amount to be determined by the jury.

FOR A SECOND CAUSE OF ACTION

(Wrongful Death)

22. Mr. Williams incorporates all allegations of the preceding paragraphs into this

cause of action.

23. Defendant’s aforesaid acts and/or omissions are the direct and proximate cause of

Jacob Williams’ death.

24. By reason and in consequence of Defendant’s aforesaid acts and/or omissions, the

statutory beneficiaries sustained damages, as outlined in the preceding paragraphs above.

25. Plaintiff is entitled to judgment against Defendant for actual damages sustained by the

statutory beneficiaries in relation to Jacob Williams’ wrongful death and for punitive damages in an

amount to be determined by a jury.

WHEREFORE Plaintiff prays for judgment against Defendant for actual and punitive

damages in an amount to be determined by the jury, for the costs of this action, and for such further

relief this Court deems just and proper.

LAW OFFICE OF KENNETH E. BERGER, LLC

s/Kenneth E. Berger
Kenneth E. Berger | kberger@bergerlawsc.com
SC Bar No. 77511
Janek C. Kazmierski | janek@bergerlawsc.com
SC Bar No. 100951
Anaissa S. Kimelman | skimelman@bergerlawsc.com
SC Bar No. 105680
5205 Forest Drive

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ELECTRONICALLY FILED - 2023 Aug 28 1:00 PM - HORRY - COMMON PLEAS - CASE#2023CP2605383
Columbia, SC 29206

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Columbia, South Carolina
August 28, 2023