5TA1O5OUTHCAROLNA

COUNTYOEAUORT
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Plaintiff,
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Uclcndant.
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NTHECOURTOCOMMONPLEA5
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YOU ARE HEREY SUMMONED and required to answer the Complaint in this
action, a copy of which is herewith served upon you, and to serve a copy of your Answer to said
Complaint on the subscriber at his ofice located at 35 Hospital Center Common, Suite 200, Post
Offi ce Box 24005, Hilton Head Island, South Carolina 29925-4005, within thirty (30) days afer
the service hereof, exclusive of the day of such service; and if you fail to answer the Complaint
within the time aforesaid, the Plaintiff in this action will apply to the Court for a judgment by
default for the relief demanded in this Complaint.
Hilton Head Island, South Carolina
March 13,2014
FINGER & FRASER, P.A.
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35 Hospital Center Common, Suite 200
Post Ofce Box 24005
Hilton Head Island, SC 29925-4005
843-681-7000
Attoreys for Plaintif
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STA1OSOUTHCARONA
COLITYOEAUORT
JESbM.RNSEU,
Plaintiff,
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EA1ORTCOUNTYSHER'S
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NTHECOURTOCOMMONPLEAS
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The Plaintif, complaining of and against the Defendant herein, would respectflly show
unto this Honorable Court that:
1. The Plaintiff is a citizen and resident of the Tow of Bluffon, County of
Beaufort, State of South Carolina.
2. Upon information and belief, the Defendant Beaufort County Sheriffs Ofce is a
goverental entity domiciled in the County of Beaufort, State of South Carolina and the
employer of Deputy Joseph Dickman.
3. At all times relevant to the allegations of this case, Deputy Joseph Dickman and
the Plaintiff were operating and driving their respective motor vehicles in the County of
Beaufort, State of South Carolina.
4. This Court has jurisdiction over this matter and venue is properly before this
honorable court.
5. On Friday, February 141\ 2014 at approximately 8:20 p.m., Plaintiff was the
driver of a 2013 Limited Edition Toyota R V 4 sports utility vehicle traveling westbound on S.C.
Hwy 46 near the Town of Bluffon, County of Beaufort.
6. Deputy Joseph Dickman, while on duty with the Beaufor County Sheriffs Offce
and while operating a marked 2011 Ford police cruiser, was also traveling westbound on S.C.
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Hw 46 and was directly in front of the Plaintif when he activated his blue lights, attempted to
perfor a U-Tur and collided into the font passenger side of the automobile the Plaintiff was
driving.
7. The Defendant struck the vehicle driven by the Plaintiff, causing permanent and
serious injuries and damages to Plaintiff as are more particularly set forth below.
8. In addition to that alleged her e, the injuries and damages sustained by Plaintiff
were due to and caused by, and were the dir ect and proximate r esult of, the negligent, gr ossly
negligent, r eckless and/or car eless acts, omissions and conduct of Deputy Joseph Dickman in the
following par ticular s:
a)
b)
in driving a vehicle faster than is r easonable in violation of the SC Code;
in r ecklessly driving, in such a manner as to indicate either a willfl or
wanton disregard for the safety of other persons on the roadway, including
Plaintiff, in violation of SC Code 56-5-2920;
c) in failing to keep a proper lookout;
d) in failing to keep the vehicle under proper control;
e) in failing to swer ve his vehicle or to take other evasive action to avoid
colliding with Plaintiffs vehicle r ightflly in her lane of traffc on the
road;
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in failing to maintain proper brakes, or alteratively, if such brakes were
properly maintained, in failing to apply the same in suffcient time to
avoid colliding with the Plaintiffs vehicle;
g) Defendant was negligent per se based on violations of the above listed
statutes;
h) in failing to exercise the degree of care which a r easonably pr udent person
would have exercised under the same or similar cir cumstances.
i) Further, Defendant was otherwise negligent, gr ossly negligent, negligent
per se, and/or r eckless as will be shown at a trial of this action.
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All of which, both independently and concurrently, are the direct and proximate causes of the
injuries and damages hereinafer set forth.
9. As a direct and proximate result of such careless and reckless conduct on the part
of the Defendant, as aforesaid, Plaintiff has suffered injuries to her wrist, neck and back,
suffering great bodily pain and mental suffering, temporary physical disability, to require
medical treatment and recuperative care, has and will continue to incur medical bills, and to
become impaired in her normal daily activities and enjoyment of living; and for lost wages, all
entitling Plaintiff to recover from the Defendat actual and compensatory damages in a aout
to be determined by a jury in the trial of this matter.
WHEREORE,Plaintif prays this Court for judgment against the Defendant for actual
and consequential in an appropriate amount, for the costs of this action and for other and frther
relief as this Honorable Court deems just and proper.
Hilton Head Island, South Caolina
March 13,2014
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FINGER & FRASER, P .A.

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Center Common, Suite 200
Post Ofce Box 24005
Hilton Head Island, SC 299254005
843-681-7000
Attoreys for Plaintif
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STATE OF SOUTH CAROLINA
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IN THE COURT OF COMMON PLEAS
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COUNT OF BEAUFORT ) CIVIL ACTION NO: 2014-CP-07-608
JESSIE M. BRINSFIELD, )
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Plaintif,
vs.
BEAUFORT COUNTY SHERIFF'S
OFFICE,
Defendant.
The Defendant, Beaufor County Sherif identified in the Complaint as the
Beaufort County Sherifs Ofce, answering the Complaint of the Plaintif would
allege unto this Honorable Court as follows:
FOR A FIRST DEFENSE
1. That each and ever allegation contained in the Plaintiff's
Complaint not specifically admitted hereinafer is denied and strict proof
demanded thereof.
2. The Complaint of the Plaintif fails to state a cause of action upon
which relief can be granted and this Defendant is entitled to a dismissal as a
mater of law.
FOR A SECOND DEFENSE
3. That each and every allegation set forth in the preceding
paragraphs hereof is hereby realleged and reiterated as fully as if set forth
herein.
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4. That this Defendant does hereby plead as an affirmative defense to
all of the Plaintifs causes of action the South Carolina Tort claims Act in one or
more of its subparts.
5. This Defendant does hereby plead with paricularity the following
provisions of South Carolina Code Section 15-78-60 of the South Carolina Tor
Claims Act as a full and complete defense to all of the Plaintif's causes of action.
S.C. Code Section 15-78-60(4); S.C. Code Section 15-78-60(5); S.C. Code
Section 15-78-60(20); and S.C. Code Section 15-78-60(25), all of which are a full
and complete defense to all of the Plaintifs causes of action. (NEED TO MAKE
SURE ALLEGE ALL THE SAME DEFENSES IN THE PROPERTY DAMAGE
CLAIM)
FOR A THIRD DEFENSE
6. This Defendant's First and Second Defenses are hereby realleged
and reiterated as fully as if repeated herein.
7. Upon information and belief, this Defendant admits Paragraph 1 of
the Plaintifs Complaint.
8. This Defendant admits so much of Paragraph 2 of the Plaintifs
Complaint as alleges that the Beaufor County Sherifs Ofice is a governmental
entity and entitled to the rights, privileges and immunities of the South Carolina
Tort Claims Act. This Defendant furher admits so much of Paragraph 2 of the
Plaintifs Complaint as alleges Deputy Joseph Dickman was at all times herein
an employee of the Beaufor County Sherif's Ofice.
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9. This Defendant admits so much of Paragraph 3 of the Plaintifs
Complaint as alleges that on February 14, 2014, Deputy Joseph Dickman and
the Plaintif were operating motor vehicles in the County of Beaufort, South
Carolina.
10. Paragraph 4 of the Plaintif's Complaint states a conclusion of law
which this Defendant is required to admit or deny, and therefore, denies same
and demands strict proof thereof.
11. Upon information and belief, this Defendant admits so much of
Paragraph 5 of the Plaintif's Complaint as alleges that on February 14, 2014, the
Plaintif was driving a vehicle on S.C. Highway 46 near the Town of Blufon in
Beaufort County, South Carolina.
12. This Defendant admits so much of Paragraph 6 of the Plaintiff's
Complaint as alleges on February 14, 2014, Deputy Joseph Dickman, while on
duty with the Beaufort County Sherif's Office was operating a marked police
cruiser on S.C. Highway 46. This Defendant further admits that Deputy Joseph
Dickman activated the blue lights prior to attempting to turn around in the
roadway to render assistance to a fellow officer. Deputy Dickman was then
struck by the Plaintif's vehicle. This Defendant denies the remaining allegations
contained in Paragraph 6 of the Plaintiff's Complaint and demands strict proof
thereof.
13. This Defendant denies Paragraph 7 of the Plaintiff's Complaint and
demands strict proof thereof.
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14. This Defendant denies Paragraph 8 of the Plaintifs Complaint and
demands strict proof thereof.
FOR A FOURTH DEFENSE
15. This Defendant's First, Second and Third Defenses are hereby
realleged and reiterated as fully as if repeated herein.
16. That any injuries sustained by the Plaintif were due to and caused
by the Plaintiffs sole negligence, recklessness or willfulness. Said negligence,
recklessness or willfulness being set forh in one or more of the following
particulars, to-wit:
a) In failing to keep a proper lookout;
b) In failing to yield to an emergency vehicle as required by statute;
c) In failing to yield to the Deputy's blue lights which were initiated
prior to the incident;
d) In improperly passing or attempting to pass the vehicle being
operated by Deputy Joseph Dickman;
e) In failing to keep her vehicle maintained or if properly maintained, in
failing to apply her brakes and slow down and/or yield;
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In failing to bring her vehicle to a complete stop;
g) In failing to obey the statutory laws that govern the operation of a
motor vehicle on the roadways in the State of South Carolina; and
h) In failing to act as a reasonable and prudent person would under
the circumstances then and there prevailing.
All of which were the direct and proximate cause of any injuries sustained
by the Plaintif, if any.
FOR A FIFTH DEFENSE
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17. This Defendant's First, Second, Third and Fourth Defenses are
hereby realleged and reiterated as fully as if repeated herein.
18. This Defendant alleges that any injuries or damages allegedly
sustained by the Plaintif, were due to and caused by the negligent acts and
conduct of the Plaintif which said acts were greater than any acts or negligence
on the part of this Defendant, said acts alleged acts of negligence on the part of
this Defendant are hereby specifically denied, to produce such injury or damage,
and without which the same would not have occurred; such negligent and grossly
negligent actions on the part of the Plaintif, were the direct and proximate cause
of any injuries allegedly sustained by the Plaintif.
WHEREFORE, the Defendant prays this Honorable Court inquire into the
matters set forh herein, and enter its Order dismissing this matter, with an award
of attorneys fees and costs to the Defendant.
Beaufor, South Carolina
March 27, 2014
HOWELL, GIBSON & HUGHES, P.A.
By: t
Rober W. Achurch, Ill
Post Ofice Box 40
Beaufort, SC 29901
(843) 522-2400
Attorney for Defendant
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