Professional Documents
Culture Documents
YOU ARE HEREBY 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 the
Complaint on the Plaintiffs’ attorney, William Stuart Duncan, at his office, 1001 Front Street,
P.O. Box 736, Georgetown, South Carolina 29442-0736, within thirty (30) days after the service
hereof, exclusive of the day of such service, and if you fail to answer the Complaint within the
time aforesaid, the Plaintiffs in this action will apply to the Court for the relief demanded in the
Complaint.
YOU ARE HEREBY 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 the
Complaint on the Plaintiffs’ attorney, William Stuart Duncan, at his office, 1001 Front Street,
P.O. Box 736, Georgetown, South Carolina 29442-0736, within thirty (30) days after the service
hereof, exclusive of the day of such service, and if you fail to answer the Complaint within the
time aforesaid, the Plaintiffs in this action will apply to the Court for the relief demanded in the
Complaint.
NOW COMES the Plaintiff to complain of the acts, omissions and derelicts of the
ONE: The Plaintiff is a citizen and resident of Horry County, South Carolina and has been
duly appointed by the Probate Court of said jurisdiction as Personal Representative of the Estate of
TWO: Defendant Michael Lee Whisenhunt is a resident of Horry County, South Carolina
and at all times relevant hereto was engaged in conduct arising out of, within the scope of and
occurring during the course of his employment as an agent, servant and/or employee of Defendant
THREE: Defendant Burroughs & Chapin Co., Inc. is a South Carolina corporation which
engages in an on-going course of business in Horry County, South Carolina. At all times relevant
hereto said Defendant engaged the labors, activities and/or services of Defendant Michael Lee
Whisenhunt as an agent, servant and/or employee, responsible and liable for the acts and derelicts
of Defendant Whisenhunt in accordance with the legal principles and doctrine of respondeat
superior.
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FOUR: During the predawn hours of September 25, 2018, at or before 06:24 a.m.,1 Decedent
Timothy Taylor was traveling to his place of employment by peacefully and lawfully operating a
motor vehicle, traveling in a westerly direction along a roadway known as Mr. Joe White Avenue
(10th Avenue Extension North) in the vicinity of Mancini Drive in the City of Myrtle Beach, South
Carolina.
FIVE: At the same time and place, Defendant Whisenhunt, acting for and on behalf of
Defendant Burroughs and Chapin Co., Inc. as an agent, servant and/or employee of the latter, was
equipment with a dark steel shovel-like bucket spanning the width of the front of the vehicle that
was owned and/or otherwise under the supervision and control of Defendant Burroughs and Chapin
Co., all while traveling in an easterly direction along said Mr. Joe White Avenue (10th Aveue
Extension North) in the vicinity of Mancini Drive in the City of Myrtle Beach, South Carolina,
doing so despite the fact that, as a matter of law, improperly illuminated heavy construction
equipment of the kind and type he was operating cannot lawfully be driven, moved used or
otherwise occupy a public roadway in during predawn hours in the State of South Carolina.2
SIX: At all times relevant hereto, the heavy construction equipment operated by Defendant
Whisenhunt for and on behalf of Defendant Burroughs and Chapin Co., Inc. was not equipped with
head lamps located at a height between a minimum of twenty-four inches and a maximum of fifty-
four inches from the level ground as otherwise required by law and, therefore, could not be lawfully
driven, operated or moved along a public roadway of the State of South Carolina.3
1
Sunrise that day occurred at 07:05 a.m.
2
See, inter alia, Code of Laws of South Carolina, Secs. 56-5-4450, 56-5-4470, 56-5-4480, and 56-5-4500
3
Id.
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SEVEN: At all times relevant hereto, the presence, operation and/or movement of the
improperly illuminated heavy construction equipment described hereinabove that was on a public
road identified as Mr. Joe White Avenue (10th Avenue Extension North) during predawn hours was
in direct violation of applicable provisions of South Carolina law and therefore, negligent, negligent
per se, willful, wanton, reckless and grossly negligent in the following particulars:
(a) By failing to equip the heavy construction equipment in question with proper
illumination;
(b) By failing to prohibit, restrict, prevent or control the use, operation or movement of
improperly illuminated heavy construction equipment on the public roads of the State of South
equipment on a public roadway during dark predawn hours without proper illumination as otherwise
required by law;
construction equipment upon which a dark steel shovel or bucket was mounted in front that covered
the entire front of the vehicle at a height where the presence of headlights or headlamps are
otherwise required by law, thereby obscuring or rendering invisible or near invisible the heavy
(e) By moving or operating said heavy construction equipment in a manner that violated the
laws of the State of South Carolina regarding the use, movement or operation of same on the public
roadways;
(f) By moving or operating said heavy construction equipment with a large metallic shovel
or bucket spanning the front of the vehicle in a manner that impaired or obscured the vision of its
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operator as it moved or was otherwise operated along the public roadway;
(g) It failing to properly transport the aforedescribed heavy construction equipment by use
of a flatbed tractor trailer during predawn hours or otherwise limiting its movement to daylight hours
in which it could be safely used, moved or operated on the public roads of this State;
(h) In Defendant Burroughs & Chapin Co. Inc.’s failure to limit, instruct or train Defendant
Michael Lee Whisenhunt to avoid use, movement or operation of heavy construction equipment
(i) In Defendant Burroughs and Chapin Co., Inc.’s failure to properly supervise its agent,
(l) In failing to keep the heavy construction equipment under proper control;
(m) In failing to exercise the last clear chance to avoid colliding with the vehicle lawfully
(n) In operating heavy construction equipment at a speed that was unsafe for the conditions
(o) In failing to use the degree of care and caution that reasonably prudent persons would use
Each of which, singly and/or in combination with one another, was a direct and proximate cause
of the serve actual and consequential damage, harm and loss, including, but not limited, to physical
injury, conscious pain and suffering, fear and dread associated with the recognition of impending
death, and ultimate death of Timothy Taylor as well as financial losses in the form of medical
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expenses, funeral and related expenses, lost income and employment benefits, with all the expenses
EIGHT: The Plaintiff here restates, reiterates and realleges each and every matter of fact set
NINE: Had he survived the tragic events giving rise to this litigation, Decedent Timothy
Taylor could have maintained an action against the Defendants, jointly and severally, based upon
the negligent, willful,, wanton, careless, reckless, grossly negligent and unlawful acts of the
Defendants complained of and set out in full and detail in the preceding and subsequent paragraphs
of this Complaint, all of which are restated, repeated, reiterated and realleged herein verbatim.
TEN: As the duly appointed Personal Representative of the Estate of Timothy Taylor, the
Plaintiff is fully authorized, empowered and has the legal right and standing to prosecute all claims
set out herein on behalf of Timothy Taylor pursuant to Code of Laws of South Carolina, Sec. 15-5-
90.
ELEVEN: That as a direct and proximate result of the collision between the heavy
construction equipment operated by Defendant Whisenhunt as the agent, servant and/or employee
of Defendant Burroughs and Chapin Co., Inc., and the joint and several negligence, willful, wanton,
reckless, careless, grossly negligent conduct and the unlawfully negligent per se actions of said
conscious pain, suffering, anxiety and dread associated with the recognition of the critical nature of
his injuries and the apparent immediacy and imminence of his impending death, lost the continued
enjoyment of his life to its otherwise expected natural duration, incurred substantial medical and
final expenses in connection with the treatment of the injuries he suffered and the ultimate disposal
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of his earthly remains, he and his Estate and heirs were deprived of the benefit of the income and
earnings he would otherwise have generated and received during his lifetime, including wages,
benefits and retirement income and suffered other legally cognizable direct and consequential
TWELVE: Based on the foregoing the Plaintiff is informed and believes that she is entitled
to a trial by a jury, a judgment against the Defendants, jointly and severally, for actual damages in
an amount to be established at trial and to an award of such punitive damages as deemed just by a
jury.
THIRTEEN: The Plaintiff here restates, reiterates and realleges each and every matter of
fact set forth above as if fully restated, reiterated and realleged herein verbatim.
FOURTEEN: That at the time and place of the occurrence which resulted in the tragic loss
of life of Timothy Taylor, the Defendants, jointly, severally and by virtue of the employment
relationship between them pursuant to the legal doctrine of respondeat superior, were negligent,
careless, reckless, willful, wanton and grossly negligent and committed acts of negligence per se in
instrumentality (to wit: heavy construction equipment) on a roadway in the absence of proper
instrumentality as set out hereinabove without maintaining proper control to avoid colliding with
other vehicles, including the one in which Timothy Taylor was lawfully operating;
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(c) In failing or to keep a proper lookout to avoid colliding with other motor vehicles and/or
allowing the operation of a dangerous instrumentality in said manner and/or allowing, facilitating
(d) In failing to obey traffic laws then and then in place to protect others like Timothy Taylor
injury, harm and/or loss of life or allowing, facilitating or enabling an agent, servant or employee
to do so;
(e) In operating the heavy construction equipment at an unsafe rate of speed and/or allowing,
(f) In failing to exit or otherwise move toward the shoulder of the roadway on which said
heavy construction equipment was otherwise being unlawfully used, moved or operated and/or
allowing, facilitating or enabling an agent, servant and/or employee operator of said motor vehicle
(f) In failing to obey the laws of the State of South Carolina and/or allowing, facilitating or
(g) In failing to obey lawful restrictions on the movement, use or operation of heavy
construction equipment upon the public roads of South Carolina during predawn hours and/or
instrumentality by an individual who was either unschooled and untrained in legal restrictions on
the use of such equipment on the public roads in predawn hours and/or who was incompetent to
safely transport or move same under the conditions then and there prevailing;
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(i) In failing to take easily accomplished safeguards to ensure that persons with access to the
use, operation or movement of heavy construction equipment owned and controlled by the
Defendant corporation could not do so during predawn hours, thereby creating a readily foreseeable
(j) In failing to use the degree of care and caution that persons of ordinary care and prudence would
All or any one of which was negligent, willful, wanton, careless, reckless and grossly
negligent, constituted negligence per se and, further was the direct and proximate cause of the
injury, damage, harm, conscious pain and suffering and death of Timothy Taylor as set out more
fully hereinabove and below and for which the Defendants are, jointly and severally, fully
FIFTEEN: The negligent, willful, wanton, careless, reckless, grossly negligent and otherwise
unlawful acts, derelicts, commissions and/or omissions of the Defendants as set out in detail both
above and hereinafter in this Complaint, jointly and severally, were the direct and proximate cause
of legally cognizable injury, direct and consequential damage, harm and loss suffered by Timothy
Taylor (as represented herein by the Personal Representative of his Estate) as otherwise detailed
herein and based thereupon the Plaintiff is informed and believes that she is entitled to trial by a
jury and a judgment against the Defendants, jointly and severally, for actual and consequential
damages in an amount to be established at trial and further for such punitive damages as determined
to be just by a jury.
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FOR A THIRD CAUSE OF ACTION – Wrongful death – loss of society and
companionship
SIXTEEN: The Plaintiff here restates, reiterates and realleges each and every matter of fact
set forth above and hereinafter as if fully restated, reiterated and realleged herein verbatim.
SEVENTEEN: But for the wrongful, negligent, willful, wanton, careless, reckless, grossly
negligent and unlawful acts, derelicts and/or commissions and/or omissions of the Defendants,
jointly and severally, as set out in detail in the preceding paragraphs of this complaint as well as
herein below (all of which is restated, reiterated, realleged here as if set out verbatim), heirs,
dependents and loved ones of Timothy Taylor would not have been unjustly deprived of his society,
companionship and accompanying tender feelings of love and affection, nor would they have been
similarly deprived the continuing enjoyment of the Timothy Taylor’s society and companionship.
EIGHTEEN: Similarly, but for the wrongful, negligent, willful, wanton, careless, reckless,
grossly negligent and unlawful acts of the Defendants, jointly and severally, as set out in detail in
the preceding paragraphs of this Complaint and herein below (all of which is restated, reiterated and
realleged here as if set out verbatim), the Estate of Timothy Taylor would not have suffered
pecuniary loss as a consequence of his the Decedent’s untimely death, endured severe mental shock
NINETEEN: The negligent, willful, wanton, reckless, careless, grossly negligent and
otherwise unlawful acts, derelicts and/or omissions of the Defendants as set out above in this
Complaint and hereinafter, jointly and severally, were direct and proximate cause of legally
cognizable injury, direct and consequential damage, harm and loss suffered by Timothy Taylor and,
accordingly, said Plaintiff is entitled to trial by a jury along with a judgment against the Defendants,
jointly and severally, for actual damages in an amount to be established at trial and for such punitive
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FOR A FOURTH CAUSE OF ACTION – Negligence
TWENTY: The Plaintiff here restates, reiterates and realleges each and every matter of fact
set out hereinabove and hereinafter as if fully restated, reiterated and realleged herein verbatim.
TWENTY ONE: The Plaintiff here repeats, restates, reiterates and realleges each and every
particular act, derelict, commission and omission set out in detail in the preceding paragraphs of this
TWENTY TWO: The negligent, willful, wanton, careless, reckless, grossly negligent and/or
unlawful acts of the Defendants, jointly and severally, were the direct and proximate cause of legally
cognizable injury, direct and consequential damage, harm and loss by the Estate of Timothy Taylor
and his Estate as otherwise detailed hereinabove and below, by and through the Personal
Representative thereof, is entitled to trial by a jury and a judgment against said Defendants, jointly
and severally, for actual and consequential damages in an amount to be established at trial and for
TWENTY THREE: The Plaintiff here restates, reiterates and realleges each and every
matter of fact set out hereinabove as if fully restated, reiterated and realleged herein verbatim.
TWENTY FOUR: At the time and on the date of the tragic events giving rise to this
litigation an official, legally enforceable restriction upon the use of heavy construction equipment
of the type used, operated or being moved by and/or on behalf of the Defendants as set out
hereinabove had been adopted and put in place for enforcement by Legislature of the State of South
Carolina forbidding use, movement or operation of same on the public roads of this State in the
4
See footnotes 1, 2 and 3 supra.
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TWENTY FIVE: The purpose of the restriction on the use of said roadway as set out
hereinabove was, in very important part, to protect otherwise innocent persons and motorists the
Timothy Taylor from injury, damage, harm, loss, conscious pain and suffering and/or death in a
collision between smaller motor vehicles which could and would otherwise reasonably be expected
to be using or traveling upon said roadway and large, heavy construction equipment of the type
operated by, used and/or moved by, for and/or on behalf of the Defendants herein.
TWENTY SIX: But for the Defendants’ unlawful use and presence on said roadway in
violation of law, the collision which tragically took the life of Timothy Taylor would not have
occurred and said unlawful use and presence on said roadway and was the direct and proximate
cause of the legally cognizable injury, direct and consequential damage, harm, loss, (including, but
not limited to, medical expenses, funeral costs, lost income and monetary benefits of employment)
conscious pain and suffering, regret, fear and/or dread associated with the recognition of impending
death and untimely death of said Timothy Taylor, the pecuniary loss directly and proximately
resulting therefrom, as well as the severe grief, sorrow, wounded feelings, loss of the extremely
valuable and tender relationship and companionship of the Decedent by his loved ones.
TWENTY SEVEN: The Defendants’ violation of the traffic regulations and laws of the
State of South Carolina was negligent per se, careless, reckless, willful, wanton and grossly
negligent and, accordingly, the Plaintiff is entitled to jury trial, a judgment against the Defendants,
jointly and severally, for actual and consequential damages in an amount to be established at trial
TWENTY EIGHT: The Plaintiff here restates, reiterates and realleges each and every matter
of fact set out hereinabove and herein below as if fully stated, reiterated and realleged herein
verbatim.
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TWENTY NINE: At all times relevant hereto Defendant Michael Lee Whisenhunt was an
agent, servant and/or employee of Defendant Burroughs and Chapin Co., Inc. and Defendant
Burroughs and Chapin Co., Inc. was fully and lawfully responsible and legally liable for all acts,
derelicts, omissions and commissions of Defendant Michael Lee Whisenhunt arising out of, during
the course of, and in furtherance of said agency, service and employment.
THIRTY: That at the time of his retention as an agent, servant and/or employee of
Defendant Burroughs and Chapin Co., Inc., Defendant Michael Lee Whisenhunt was so
equipment upon the public roads of this State during predawn hours to unequivocally indicate to
Human Resources personal of ordinary prudence, care and caution that said same Michael Lee
Whisenhunt should not be entrusted with the operation of an instrumentality as dangerous to the
general public as the improperly illuminated heavy construction equipment of the type and kind he
was using, operating or moving during predawn hours at the time and place of the collision giving
THIRTY TWO: That despite the presence of a readily available public laws and regulations
restricting the use of improperly illuminated heavy construction equipment upon the public roads
of this State during predawn hours as set out hereinabove, Defendant Burroughs and Chapin Co. Inc.
failed and or refused to refer to, consult and or be guided in its decision to hire, employ and other
otherwise avail itself of the services of Defendant Michael Lee Whisenhunt and/or restrict his access
to improperly illuminated and equipped heavy construction equipment during predawn hours but,
instead, thereafter allowed, permitted, consented to, facilitated and/or otherwise enabled said same
Michael Lee Whisenhunt to operate, use or move an extremely dangerous instrumentality on the
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THIRTY THREE: That the legally cognizable injury, damage, harm, loss, conscious pain
and suffering and death of the Timothy Taylor giving rise to this litigation occurred and arose during
the course of the employment, agency and/or service of Defendant Michael Lee Whisenhunt by, for
and on behalf of Defendant Burroughs and Chapin Co., Inc; same would not have occurred but for
that employment, agency and/or service. and, further was a direct and proximate result of the
negligent hiring, employment and supervision of Defendant Michael Lee Whisenhunt by Defendant
Burroughs and Chapin Co., Inc. as well as the latter’s failure to limit, restrict, supervise or otherwise
prevent Defendant Whisenhunt from using, operating or moving ill-equipped and improperly
illuminated heavy construction equipment upon the public roads of this State during predawn hours.
THIRTY FOUR: Based on the foregoing the Plaintiff is informed and believes that he is
entitled to a jury trial in this matter and a judgment against Defendant Burroughs and Chapin Co.,
Inc. for actual and consequential damages of the types and kinds otherwise set out hereinabove in
an amount to be established at trial along with such punitive damages as deemed just by a jury, all
arising out of the negligent hiring, retention and/or supervision of its agent, servant and employee
and/or practices, procedures, errors, omissions and/or derelicts of said Defendant in controlling or
limiting use of heavy construction equipment upon the public roads of this State during predawn
THIRTY FIVE: The Plaintiff here restates, reiterates and realleges each and every matter
of fact set forth above and hereinafter as if fully restated, reiterated and realleged herein verbatim.
THIRTY SIX: At all times relevant hereto Defendant Burroughs and Chapin Co., Inc.
directed, supervised and otherwise was in control of all decisions regarding the equipping, use,
operation, control or movement the heavy construction equipment it owned, leased or otherwise
possessed, including that used, operated or being moved by Defendant Michael Lee Whisenhunt at
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the time and place set out hereinabove, including but not limited to, the adoption and
implementation of reasonable and necessary rules, regulations and restrictions on the otherwise
proper and lawful use and/or operation of such a dangerous instrumentality as that involved in the
THIRTY SEVEN: That at all times relevant hereto Defendant Burroughs and Chapin Co.,
Inc. had a legal duty to establish and enforce reasonable and necessary work and safety rules to be
strictly obeyed by its agents, servants and/or employees to protect both those individuals and
members of the general public with whom they might otherwise in contact, including work rules,
regulations and/or restrictions regarding the use and/or operation of dangerous instrumentalities like
the heavy construction equipment involved in the tragic collision that took the life of Timothy
Taylor.
THIRTY EIGHT: That among the work and safety rules Defendant Burroughs and Chapin
Co., Inc. has a legal duty to establish and enforce were those strictly requiring obedience to the laws,
regulations and restrictions imposed on the use of motor vehicles and heavy construction equipment
THIRTY NINE: That at all times relevant to this litigation, Defendant Burroughs and
Chapin Co., Inc. failed and or refused to establish, oversee, supervise and/or enforce obedience to
reasonable and necessary work and safety rules regarding the conduct of its agents, servants and/or
employees, and, in particular, those requiring strict obedience to the laws, regulations and
restrictions imposed on the use of motor vehicles and heavy construction equipment on the public
FORTY: But for the failure and/or refusal of Defendant Burroughs and Chapin Co., Inc. to
adopt, instruct, and properly supervise its agents, servants and or employees of the strict necessity
to obey reasonable and necessary safety rules, regulations and restrictions, including those
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established and imposed on the use of motor vehicles and heavy construction equipment on the
public roadways by the State of South Carolina, Defendant Michael Lee Whisenhunt would not
have been unlawfully operating a dangerous instrumentality onMr. Joe White Avenue (10th Avenue
Extension North) in Myrtle Beach, SC without proper illumination, in an unsafe and unlawful
manner and the collision that took the life of Timothy Taylor. would not have occurred.
FORTY ONE: That the willful, wanton, careless, reckless, grossly negligent and negligent
training, supervision and control of its agent, servant and/or employee Michael Lee Whisenhunt by
Defendant Burroughs and Chapin Co., Inc., as well as its failure to properly restrict and limit use
of the dangerous instrumentality it owned, leased or otherwise controlled, directly and proximately
caused and/or contributed to the untimely and tragic death of Timothy Taylor along with all the
legally cognizable damages, injuries and losses associated therewith and, accordingly, Defendant
Burroughs and Chapin Co., Inc. is thereby legally responsible and liable for all the said legally
cognizable injuries, direct and consequential damages, harm and loss suffered by the Plaintiff Estate
FORTY TWO: Based on the foregoing the Plaintiff is informed and believes that she is
entitled to a jury trial as well as a judgment against Defendant Burroughs and Chapin Co., Inc. for
actual and consequential damages in an amount to be established at trial and for such punitive
damages as deemed just by a jury, all arising out of its failure to supervise its agent, servant and
employee and/or the dangerous instrumentality it owned, leased or otherwise possessed or the use
of which it controlled in an otherwise lawful manner that would have prevented or avoided or
otherwise served as a bulwark or defense against the untimely death of Timothy Taylor as a direct
and proximate result of the dangerous, unlawful and irresponsible operation of a dangerous
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FOR AN EIGHTH CAUSE OF ACTION – Negligent entrustment
FORTY THREE: The Plaintiff here restates, reiterates and realleges each and every matter
of fact set forth above and hereinafter as if fully restated, reiterated and realleged herein verbatim.
FORTY FOUR: At all times relevant hereto Defendant Burroughs and Chapin Co., Inc..
owned, leased, possessed and/or exercised exclusive control over heavy construction equipment for
use during its on-going business operations, including its operation on the public roads of the State
of South Carolina in strict compliance with the laws, rules and regulations imposed by said State of
FORTY FIVE: That at all times relevant hereto Defendant Burroughs and Chapin, Co., Inc.
knew, or with the exercise of reasonable diligence should have known, that the large and heavy
construction equipment that was in use during the events giving rise to this litigation could be
classified and become a dangerous instrumentality capable of causing severe injury, damage, harm,
or loss, including the loss of life, if not properly and lawfully operated in strict accordance with the
law by an individual suitably trained and properly supervised to ensure responsible, safe and lawful
operation of same.
FORTY SIX: That at the time of the tragic events giving rise to this litigation, Defendant
Michael Lee Whisenhunt was insufficiently supervised and his access to the heavy construction
equipment in question was not restricted to daylight hours as required by law, but, instead he was
negligently entrusted him with the operation of a dangerous instrumentality of the type and kind
involved in the collision during predawn hours on the public roads of the State of South Carolina
in violation of law, all of which resulted in this instance in the tragic and premature death of
Timothy Taylor.
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FORTY SEVEN: That entrustment of the large and heavy construction equipment and
dangerous instrumentality to the operation, use or movement on the public roadways of this State
by Michael Lee Whisenhunt by Defendant Burroughs and Chapin Co., Inc. was in direct violation
of South Carolina law and therefore constituted negligence per se, and was otherwise negligent,
willful, wanton, reckless, careless and grossly negligent and the direct and proximate cause of
legally cognizable injury, actual and consequential damage, harm and loss by the Plaintiff as set
forth in detail in the foregoing paragraphs of this Complaint and all of which are reiterated and
FORTY EIGHT: The actions of the Defendants, jointly and severally, complained of herein
where the direct and proximate cause of direct and consequential and otherwise legally cognizable
injury, damage, harm and loss, including, but not limited to, conscious pain and suffering, fear,
dread and regret over the recognition of his impending death, the loss of life and its continued
enjoyment, the loss of the companionship and affection of loved ones, financial losses in the form
of medical and funeral expenses, lost income and benefits of employment, retirement income and
the like and, therefore the Plaintiff is informed and believes that she is entitled to a trial by a jury
and a resulting a judgment against Defendants for actual and consequential damages in an amount
to be established at trial and for such punitive damages as deemed just by a jury.
FORTY NINE: The Plaintiff here restates, reiterates and realleges each and every matter
of fact set forth hereinabove as if fully restated, reiterated and realleged herein verbatim.
FIFTY: At all times relevant hereto Defendant Burroughs and Chapin Co., Inc. was the
owner, lessee or otherwise had the legal right to possess and control the use of the heavy
construction equipment involved in the collision that gives rise to this litigation that took the life of
Timothy Taylor.
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FIFTY ONE: At all times relevant hereto Defendant Michael Lee Whisenhunt was the agent,
servant and/or employee of Defendant Burroughs and Chapin Co., Inc. and the acts, derelicts,
omissions and commissions by him complained of herein arose out of and occurred during the
course of his employment, agency or service by Defendant Burroughs and Chapin Co., Inc.
FIFTY TWO: That the Plaintiff is informed and believes that the act, derelicts, omissions
and commissions of Defendant Michael Lee Whisenhunt are directly imputable to the employment,
agency or service of Defendant Whisenhunt by Defendant Burroughs and Chapin Co., Inc. and the
latter is legally liable for same pursuant to the legal doctrine of respondeat superior.
FIFTY TWO: That the injuries, damages, harm and loss suffered as a result of the collision
giving rise to this litigation as set out hereinabove were proximately caused by the joint and several
negligence, negligence per se, willful, wanton, reckless, careless and grossly negligent acts of the
Defendants and based thereupon the Plaintiff is informed and believes that she is entitled to a
judgment against Defendant Burroughs and Chapin Co., Inc. for actual damages in an amount to be
established at trial and for such punitive damages as deemed just by a jury because of said
Defendant is vicariously liable for all acts, derelicts, omissions and commissions of its agent, servant
(2) For judgment against the Defendants, jointly and severally, for actual damages in an
(5) For such other and further relief as the Court deems just and proper.
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Georgetown, SC
January 16, 2019
s/Raymond C. Fischer
William Stuart Duncan, SC Bar #11549
Raymond C. Fischer, C Bar # 2023
1001 Front Street
PO Box 736
Georgetown, SC 29442
843-546-1212
843-545-0177 facsimile
wsdlaw1@aol.com
rfischer@lawyer.com
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