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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 690 North Green Street, Post Office Box 2500, Ridgeland, SC 29936,
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.
THE PARTIES
2. The Plaintiff, Ashley Eastman is the owner of Eastman Marine Construction, LLC.
3. The Defendant is a corporation with its principle place of business in Jasper County,
South Carolina.
CLASS ALLEGATIONS
4. A class action is alleged pursuant to South Carolina Rule of Civil Procedure 23.
5. Plaintiffs seek to represent a class of persons (“Class”) that includes all businesses,
center, garbage dump and/or landfill at or near 472 Schinger Avenue, Ridgeland, Jasper County
South Carolina.
6. That the Class consist of dozens of businesses and individuals who work and/or live in
the immediate area of the recycling center, garbage dump and/or landfill.
ELECTRONICALLY FILED - 2019 Aug 09 4:25 PM - JASPER - COMMON PLEAS - CASE#2019CP2700450
7. The Class involves questions of law and fact common to all individual members of the
Class, such as whether Defendant engaged in wrongful conduct or practices related to the
8. The claims and damages sought by the Class are typical of the claims and relief that
could be sought by individual members of the class. Specifically, all members have suffered
similar injury and damages as a result of Defendant’s wrongful conduct. The claims and
defenses of the Class therefore arise from the same conduct by Defendant and are based on the
9. Plaintiff will adequately and fairly represent the interests of individual members of the
proposed Class in that they are similarly situated persons who work and/or live in the immediate
10. The prosecution of separate actions by individual members of the Class would create a
risk of inconsistent and varying adjudications with respect to individual members of the Class,
which would establish incompatible standards of conduct for the party opposing the Class.
Accordingly, a class action under Rule 23 of the South Carolina Rules of Civil Procedure is in
11. That in early June 2019 a fire started in Defendant’s pile of trash at the defendants’ place
of business, as of the date of the filing of this suit, the fire has yet to be extinguished.
12. That toxic and harmful air and ground pollutants are emitting from the fire and pile of
waste on Defendant’s property and are traveling to properties owned by the Plaintiff and Class
members, thus creating a dangerous environment and damages to individuals, their health, and
suffered personal injury, lost revenue, decreased property values, and other damages.
14. That, at all times relevant herein, Defendant was negligent, negligent per se and careless
c. in failing to prevent the waste and debris from igniting and burning;
e. in failing to use the degree of care and caution that a reasonable and prudent
business would have used under the circumstances; and
f. in such other and further particulars as the evidence in trial may show;
all of which combined and concurred as a as a direct and proximate cause of the injuries and
damages suffered by Plaintiff and the Class members herein, said acts and omissions being in
violation of the statutory and commons laws of the State of South Carolina.
WHEREFORE, Class Plaintiffs pray for judgment in their favor against Defendant as
follows:
2. For such other and further relief as the Court may deem just and proper.
AND
August 9, 2019
Ridgeland, South Carolina