)
)
COUNTY OF RICHLAND
)
)
ROBERT D. BALLARD,
)
)
Plaintiff,
)
)
vs.
)
)
THE HOUSING AUTHORITY OF
)
THE CITY OF COLUMBIA, S.C.,
)
)
Defendant.
)
________________________________ )

IN THE COURT OF COMMON PLEAS

SUMMONS
(JURY TRIAL REQUESTED)

TO THE ABOVE NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED AND REQUIRED to answer the Complaint in
this action, a copy of which is hereby served upon you, and to serve a copy of your
Answer upon the subscriber at 1418 Park Street, Columbia, South Carolina, within thirty
(30) days, thirty-five (35) days if service is by certified mail, exclusive of the day of said
service, and if you fail to answer, appear or defend this action within the time aforesaid,
judgment by default will be rendered against you for the relief demanded in the
Complaint.
THE STANLEY LAW GROUP, P.A.

JONES-WALKER LAW FIRM

s/H. Ronald Stanley____________
__s/Thelma Jones-Walker ____
H. Ronald Stanley
Thelma Jones-Walker
1418 Park Street
1201 Main Street, Suite 1980
Post Office Box 7722
Columbia, South Carolina 29201
Columbia, South Carolina 29202
(803) 748-1351
(803) 799-4700
S.C. Bar No. 101768
S.C. Bar No. 5304
ATTORNEYS FOR PLAINTIFF
Columbia, South Carolina
Dated: February 1, 2019

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ELECTRONICALLY FILED - 2019 Feb 01 12:13 PM - RICHLAND - COMMON PLEAS - CASE#2019CP4000660

STATE OF SOUTH CAROLINA

 )
)
COUNTY OF RICHLAND
)
)
ROBERT D. BALLARD,
)
)
Plaintiff,
)
)
vs.
)
)
THE HOUSING AUTHORITY OF
)
THE CITY OF COLUMBIA, S.C.,
)
)
Defendant.
)
________________________________ )

1.

IN THE COURT OF COMMON PLEAS

COMPLAINT
(JURY TRIAL REQUESTED)

That the Plaintiff is a resident and citizen of the County of Richland, State
of South Carolina.

2.

That the defendant is a public body corporate and politic established
pursuant to §31-3-310, et. al., of the South Carolina Code of Laws, 1976,
as amended, to promote and protect the health, safety, morals and
welfare of the public by providing safe, decent and habitable housing for
qualified residents in and near the City of Columbia, South Carolina.

3.

That the defendant owns and operates a number of apartment complexes
in and near the corporate limits of the City of Columbia for the occupancy
of qualified residents including an apartment complex known as Allen
Benedict Court.

4.

That at all times relevant hereto, the plaintiff was a tenant of the Housing
Authority of the City of Columbia and was housed as a resident in
Apartment J-2 in Allen Benedict Court.

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STATE OF SOUTH CAROLINA

 That upon information and belief, on or about January 16 and/or 17, 2019,
a high concentration of poisonous gases including, but not limited to,
carbon monoxide, hydrogen cyanide and natural gas, leaked from
appliances and/or gas lines on and about the premises of Allen Benedict
Court.

6.

That the poisonous gases invaded the apartment unit occupied by plaintiff
causing him to be exposed to the said gases.

7.

That as a direct and proximate result of being exposed to the poisonous
gases, the plaintiff suffered great physical harm and injury including past,
present and future pain and suffering, medical expenses, mental anguish,
disability, impairment which affects his income and employment, as well
as his income and employment opportunities, and his enjoyment of life.

8.

That the plaintiff is informed and believes that the defendant knew or
should have known that poisonous gases were leaking in several of the
apartments located in the Allen Benedict Court complex and breached its
duty of care to plaintiff by failing to eliminate the production and leakage of
the gases; by failing to warn plaintiff of the production and leakage of the
poisonous gases and by failing to evacuate plaintiff from his apartment
unit after having actual notice of the presence of the leakage of gases on
and about the premises of the Allen Benedict Court apartment complex.

9.

That the defendant, by its acts or omissions, was negligent, grossly
negligent, careless, reckless, willful and wanton in one or more of the
following particulars, to wit:

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5.

 In failing to properly maintain Allen Benedict Court in a safe,
healthy, decent and habitable condition;

b.

In failing to eliminate and abate repeated and ongoing known and
suspected poisonous gas leaks;

c.

In failing to timely address health and safety hazards at Allen
Benedict Court;

d.

In failing to equip the apartment units in Allen Benedict Court with
carbon monoxide detectors;

e.

In failing to properly inspect the appliances and the premises at
Allen Benedict Court for gas leaks after being notified by residents
on several occasions of the odor and smell of gas leaks in and
about the premises of Allen Benedict Court;

f.

In failing to adequately monitor and supervise the employees,
agents or subcontractors that were hired to manage the complex
and perform maintenances and repairs at Allen Benedict Court;

g.

In failing to warn the residents of Allen Benedict Court of the
dangers of occupying and residing in an apartment within the Allen
Benedict Court complex after receiving actual notice of the
possibility that poisonous gases were present in and about the
apartments located within the Allen Benedict Court complex;

h.

In failing to evacuate the residents that were occupying apartments
within the Allen Benedict Court complex after receiving notice of the
presence of escaping gases in and about the said premises;

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a.

 In failing to exercise due care in the maintenance and repair of
Allen Benedict Court; and,

j.

In failing to use the degree of care and caution that a reasonable
and prudent landlord would have used under the circumstances
then and there prevailing.

10.

That the plaintiff is informed and believes that he is entitled to judgment
against the defendant in an amount to be determined by the trier of fact.
WHEREFORE, plaintiff prays for judgment against the defendant in an

amount to be determined by the trier of fact, for the cost of this action and for
such other and further relief as this court may deem just and proper.

THE STANLEY LAW GROUP, P.A.
s/H. Ronald Stanley____________
H. Ronald Stanley
Attorney for Plaintiff
1418 Park Street
Post Office Box 7722
Columbia, South Carolina 29202
(803) 799-4700
S.C. Bar No. 5304
JONES-WALKER LAW FIRM
s/Thelma Jones-Walker_______
Thelma Jones-Walker
Attorney for Plaintiff
1201 Main Street, Suite 1980
Columbia, South Carolina 29201
(803) 748-1351
S.C. Bar No. 101768
ATTORNEYS FOR PLAINTIFF
Columbia, South Carolina
Dated: February 1, 2019

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i.