STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF CHARLESTON CIVIL ACTION COVERSHEET 2019-CP-10- 5 QQ Thomas Flowers, Plaintiff(s) vs. ‘Zaxby's Holdings, LLC d/b/a Zaxby's, Defendant(s) ) ‘Submitted By: Jonathan F. Krell & DeVeaux Stockton SC Bar fz 16691 & 102373 Telephone #: Address: 843-723-7491 17 % Broad Street Fax i: 843-577-4179 PO Box 399 Other: Charleston, SC 29402 E-mail: Jonathan @uricchio.com and deveau@uricchio.com NOTE: The coversheet and information contained herein neither replaces nor supplements the filing and sere of plcading-t other papers as ‘Fequred by law. This form i required forthe we ofthe Clerk of Court forthe purpose of docketing. Tt mus} De NEO eipetelestaned, eat tnd dated. A copy of this coverahect must be served on the defendant(s) along with the Summons aed Compibiats fo DOCKETING INFORMATION (Check all that apply) | 2 e *If Action is Judgment/Settlement do not complete | ego I [JURY TRIAL demanded in complaint 1 NON-JURY TRIAL demanded in complaint. QE —y ETT This case is subject to ARBITRATION pursuant to the Court Annexed Alternative Dispute ResolugarRule o “This case is subject to MEDIATION pursuant to the Court Annexed Alternative Dispute Resdlution Rass, © - This case is exempt from ADR. (Proof of ADR/Exemption Attached) i 5a NATURE OF ACTION (Check One Bos Below) 1 = Contact Torts - Profesional Malpractice Torts— Persona Injury Real Property (—Consrucions (100) Dental Malpractice 200) AssalvSlandertibel 300) Claim & Delivery 400) (—deteCotestion 110) CE) Legal Mapraie 210) Conversion (310) Condemnation (610) (Employment (120) C1 Medical Malpractice 220) CE] Motor Vbisle Accident (320) Foreclosure (420) 1 Geneea(130) Previous Notice oflneat Case] Premises Liability (330) 1D Mechanie’s Len 430) 1 Breachor Contact (140) 20 Products iaiity (340) Parton (40) BD omercis9 [Novice File Med Mal 230) 3] Personal injury (350) Possession 50) 1 omerass) 1 Wronef Dea 340) 1 utding Coe Veta (460 D1 orter 9) TI cer 499) Inmate Pettons [Administrative Law/Reliet udgmentaSetements Appeals D rce [1 Reinstate Dr. License (800) CJ Death Setlement ct) 1 Ariraton (900 Cl Mandamus (520) Tata Review 810) Foreign Judsmet (710) D1 Mapistae-civ (210) Habeas Corpus (530) Eee 20) TD Magistrate's Jadgment 720) Magistate-Ciminal 920) Boner (99) TD Permanent injunction (830) E)_ Minor Setemet (750) G1 Manicipa 930) Foret Petton (840) Transcript ndzment (40) CE) Probate Cou (40) 1 Foretre—Consnt Order (850) } Lis Pendens (750 DB scoors0) omer 99) Transfer of Sructred Worker's Comp 960) Setlement Pasment Rights] Zoning Board ©70) ‘pplication (6) Dubie Service Comm, (90) SpecialComplex ‘Other TD Confession of udgmen (770) C]_ Employment Security Comm (91) Environment) EE) Pharmaceutics 630) 1 Petnon fr Workers 11 Awomobite arb. (610) E]UnfirTeade rates (40) Compensation Setement T omer999) ‘Approval (80) C1 Media (620 {Foner sie Deposition (650) Ey Ger c99) C1 Orter 699 1 Maton o uash Subpoena an OuteCoumty Action (660) 1D Sew Predator (510) subnitingPary Signore <3 “DOME Long SI ed Note: Frivolous civil proceedings may be subject to sanctions pursuant to SCRCP, Rule 11, and the South Carolina Frivolous Civil Proceedings Sanctions Act, S.C. Code Ann. §15-36-10 et. seq SCCA / 234 (10/2014) Page | of 2FOR MANDATED ADR COUNTIES ONLY Aiken, Allendale, Anderson, Bamberg, Barwell, Beaufort, Berkeley, Calhoun, Charleston, Cherokee, Clarendon, Colleton, Darlington, Dorchester, Florence, Georgetown, Greenville, Hampton, Horry, Jasper, Kershaw, Lee, Lexington, Marion, Oconee, Orangeburg, Pickens, Richland, Spartanburg, Sumter, Union, Williamsburg, and York SUPREME COURT RULES REQUIRE THE SUBMISSION OF ALL CIVIL CASES TO AN ALTERNATIVE DISPUTE RESOLUTION PROCESS, UNLESS OTHERWISE EXEMPT. ‘You are required to take the following action(s): 1 The parties shall select @ neutral and file a “Proof of ADR” form on or by the 210" day of the filing of this action. If the parties have not selected a neutral within 210 days, the Clerk of Court shall then appoint a primary and secondary mediator from the current roster on a rotating basis from among those mediators agreeing to accept cases in the county in which the action has been filed. The initial ADR conference must be held within 300 days after the filing of the action. Pre-suit medical malpractice mediations required by S.C. Code §15-79-125 shall be held not later than 120 days afterall defendants are served with the “Notice of Intent to File Suit” or as the court directs. (Medical malpractice mediation is mandatory statewide.) Cases are exempt from ADR only upon the following grounds: a. Special proceeding, or actions seeking extraordinary relief such as mandamus, habeas corpus, or prohibition; b. Requests for temporary relief; c. Appeals. d, Post Convietion relief matters; €. Contempt of Court proceedings; £ Forfeiture proceedings brought by governmental entities; & Mortgage foreclosures; and hh, Cases that have been previously subjected to an ADR conference, unless otherwise required by Rule 3 or by statute. In cases not subject to ADR, the Chief Judge for Administrative Purposes, upon the motion of the court or of any party, may order a ease to mediation. Motion of a party to be exempt from payment of neutral fees due to indigency should be filed with the Court within ten (10) days after the ADR conference has been concluded. Please Note: You must comply with the Supreme Court Rules regarding ADR. Failure to do so may affect your case or may result in sanctions. SCCA / 234 (10/2014) Page 2 of 2STATE OF SOUTH CAROLINA. IN THE COURT OF COMMON PLEAS NINTH JUDICIAL CIRCUIT COUNTY OF CHARLESTON CASE NUMBER: 2019-CP-10- 5 3X Thomas Flowers, | Plaintift, vs, SUMMONS Zaxby’s Holdings, LLC d/b/a Zaxby’s Defendant. TO THE ABOVE-NAMED DEFENDANT: A lawsuit has been filed against you. Within 30 days after service of this Summons on you (not counting the day you received it), you must serve on the Plaintiff an Answer to the attached Complaint or a Motion under Rule 12 of the South Carolina Rules of Civil Procedure. The Answer or Motion must be served on the Plaintiff's attorney, listed below, at the address shown below. If you fail to do so, judgment by default will be entered against you for the relief demanded in the Complaint, You also must file your Answer or Motion with the court. URICCHIO, HOWE, KRELL, JACOBSON, TOPOREK & KEITH, P.A. SDWewe Fr. JONATHAN F. KRELL. 2 j | | J. DEVEAUX STOCKTON 17% Broad Street Wd Ol 1906! Charleston, South Carolina 29401) > ‘Telephone: (843) 723-7491 os en jonathan @uricchio.com 1, 38 ch deveaux@uriechio.com | Ze 7 Attomeys for the Plaintiff { “é Charleston, South Carolina October 10, 2019STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS NINTH JUDICIAL CIRCUIT COUNTY OF CHARLESTON CASE NUMBER: 2019-CP-10- SQ3R Thomas Flowers, COMPLAINT Plaintiff, (Jury Trial Demghded). 1 | vs Zaxby's Holdings, LLC d/b/a Zaxby’s Defendant. Plai ~ iT = € Hd 0} 1906100 I on the allegations set forth below. 1. Plaintiff is and was at all times mentioned herein a citizen and resident of Charleston County, South Carolina. 2. Upon information and belief, Zaxby’s Holdings, LLC d/b/a Zaxby’s is a Limited Liability Company organized in Georgia and was doing business in Charleston County, South Carolina at all times mentioned herewithin. 3. The Court has subject-matter jurisdiction over the claims in this lawsuit, personal jurisdiction over Defendant and venue is proper in this County, 4. Atall times material, Plaintiff was an invited business guest on the premises invited to buy food at Defendant’s store located at 4845 Tanger Outlet Blvd. N. Charleston, $C 29418. 5. Atall times material, Defendant was operating by and through its employees in the course and scope of their employment for the purpose of selling food and drink to the public. 6. On or about May 22, 2019, Mr. Flowers went through the Defendant's drive- through window and purchased a chicken sandwich, french fries and an unsweetened tea. 7. That after Plaintiff consumed the food and tea, Plaintiff became ill. 8. Plaintiff sought medical treatment and was diagnosed with Hepatitis A.9. Atall times material, the chicken sandwich, french fries, and tea were represented to Plaintiff as safe to eat. That in fact, the food was not of good quality and contaminated. That as a result of the actions or inactions of Defendant in furnishing a product that was unsafe to eat and unreasonably dangerous, Plaintiff was seriously i ured and damaged, (Negligence, Gross Negligence) 10. Plaintiff incorporates all allegations of paragraphs above into this cause of action as if set forth verbatim. 11. That the inj caused by the folloy and damages complained of herein were directly and proximately ing negligent, careless, reckless, willful, and grossly negligent acts of Defendant, by and through its employees acting within the scope of their authority, all in violation of the statutes and common laws of the State of South Carolina, combining and concurring: @ (b) © @ (©) @ (@) In failing to inspect and properly cook food that Defendant then well knew was a type of food that can could get harmful contaminations from mishandling; In failing to maintain a proper lookout and properly cook the food to Kill any contaminants; In failing to properly implement proper policies and safety measures to detect and avoid hazards to consumers; In failing to properly handle, cook, prepare, clean and serve food such that it would be safe for customers to consume; In selling and putting products into the stream of commerce without properly insuring the product was safe when consumed and in entering and placing the product in the stream of commerce; In failing to use the degree of care and caution that a reasonable and prudent business would have used in the circumstances then and there prevailing; In otherwise being negligent, reckless, and careless; and(h) For such other acts and omissions that may become more apparent through the discovery and/or trial of this matter. 12, That as a result of the aforesaid negligent, grossly negligent, careless, willful, and reckless acts, Plaintiff was infected with Hepatitis A and has been seriously injured and damaged. Plaintiff has, is and will in the future continue to suffer from the following, including but not limited to: pain and suffering; medical expenses; trauma; loss of enjoyment of life; mental anguish and distress; annoyance and inconvenience and travel - all to his injury and damage in an amount of actual and punitive damages to be determined at the trial of this action, FORA ‘OND CAI FACTION (Strict Liability, S.C, Code § 15-73-10) 13. Plaintiff incorporates all allegations of paragraphs above into this cause of action as if set forth verbatim. 14, Atall times material, Defendant was a seller of a defective product pursuant to S.C. Code § 15-73-10. 15. Defendant was engaged in the business of selling food and tea for drive-in and take out service by customers. Defendant knew the product was expected to reach users and consumers and family members and no substantial change in condition occurred after the product was put into the stream of commerce. Pursuant to S.C. Code § 15-73-10, Defendant is strictly liable for Plaintiff's injuries. 16. That as a result, Plaintiff has been injured and damaged and Plaintiff has, is and will in the future continue to suffer from the following, including but not limited to: pain and suffering; medical expenses; trauma; loss of enjoyment of life; mental anguish and distress; annoyance and inconvenience and travel - all to his injury and damage in an amount of actual and punitive damages to be determined at the trial of this actionWHEREFORE, Plaintiff requests that judgment be entered against Defendant on all causes of action and that Plaintiff be awarded: actual damages; punitive damages; a trial by jury as to all causes of action properly triable; the costs of this action; and such other and further relief’ as the Court may deem just and proper. Charleston, South Carolina October 10, 2019 URICCHIO, HOWE, KRELL, JACOBSON, TOPOREK, THEOS & KEITH, P.A. Dpwer § J. DEVEAUX STOCKTON JONATHAN F. KRELL. 17 % Broad Street Charleston, South Carolina 29401 Telephone: (843) 723-7491 deveaux@uricchio.com jonathan@luriechio.com Attorneys for the Plaintiff