)
)
COUNTY OF RICHLAND
)
)
TYRONE C. MACON, AS PERSONAL )
REPRESENTATIVE OF THE ESTATE )
OF DERRICK CALDWELL ROPER,
)
)
Plaintiff,
)
)
vs.
)
)
THE HOUSING AUTHORITY OF
)
THE CITY OF COLUMBIA, S.C.,
)
)
Defendant.
)
________________________________ )

IN THE COURT OF COMMON PLEAS

SUMMONS
(WRONGFUL DEATH CLAIM)
AND SURVIVAL ACTION CLAIM)
(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

1

ELECTRONICALLY FILED - 2019 Feb 01 11:30 AM - RICHLAND - COMMON PLEAS - CASE#2019CP4000659

STATE OF SOUTH CAROLINA

 )
)
COUNTY OF RICHLAND
)
)
TYRONE C. MACON, AS PERSONAL )
REPRESENTATIVE OF THE ESTATE )
OF DERRICK CALDWELL ROPER,
)
)
Plaintiff,
)
)
vs.
)
)
THE HOUSING AUTHORITY OF
)
THE CITY OF COLUMBIA, S.C.,
)
)
Defendant.
)
________________________________ )

IN THE COURT OF COMMON PLEAS

COMPLAINT
(WRONGFUL DEATH CLAIM)
AND SURVIVAL ACTION CLAIM)
(JURY TRIAL REQUESTED)

FOR A FIRST CAUSE OF ACTION
(WRONGFUL DEATH CLAIM)
1.

That the Plaintiff is the duly qualified, appointed and acting personal
representative of the Estate of Derrick Caldwell Roper and is bringing this
action for the benefit of the decedent’s statutory beneficiary in accordance
with §15-51-10 of the South Carolina Code of Laws, 1976, as amended,
and other statutes for such cases so made and provided.

2.

That in accordance with §15-51-20 of the South Carolina Code of Laws,
1976, as amended, the decedent’s statutory beneficiary is his mother,
Judy Roper.

3.

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.

2

ELECTRONICALLY FILED - 2019 Feb 01 11:30 AM - RICHLAND - COMMON PLEAS - CASE#2019CP4000659

STATE OF SOUTH CAROLINA

 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.

5.

That at all times relevant hereto, the plaintiff’s decedent, Derrick Caldwell
Roper, was a tenant of the Housing Authority of the City of Columbia and
was housed as a resident in Apartment J-1 in Allen Benedict Court.

6.

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.

7.

That the poisonous gases invaded the apartment unit occupied by
plaintiff’s decedent causing plaintiff’s decedent to be exposed to the
deadly gases. Plaintiff’s decedent ultimately succumbed to the gases and
died.

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’s decedent by failing to eliminate the production
and leakage of the gases; by failing to warn plaintiff’s decedent of the
production and leakage of the poisonous gases and by failing to evacuate
plaintiff’s decedent from his apartment unit after having actual notice of the

3

ELECTRONICALLY FILED - 2019 Feb 01 11:30 AM - RICHLAND - COMMON PLEAS - CASE#2019CP4000659

4.

 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:
a.

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

4

ELECTRONICALLY FILED - 2019 Feb 01 11:30 AM - RICHLAND - COMMON PLEAS - CASE#2019CP4000659

presence of the leakage of gases on and about the premises of the Allen

 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;

i.

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 one or more of the specifications of negligence set forth above was
the direct and proximate cause of the death of plaintiff’s decedent.

11.

That as a result of the plaintiff decedent’s death, his statutory beneficiary
has loss the companionship and has suffered the deprivation of the use
and comfort of plaintiff decedent’s society, and because of losing these
things, the said beneficiary has endured and continue to endure great
mental anguish, anxiety and suffering; has suffered indescribable grief,
shock and sorrow and has suffered greatly wounded feelings.

12.

That the plaintiff is informed and believes that because of the great mental
shock and suffering, wounded feelings, grief and sorrow, and deprivation
of the comfort of the decedent, the statutory beneficiary has been injured
and damaged.

5

ELECTRONICALLY FILED - 2019 Feb 01 11:30 AM - RICHLAND - COMMON PLEAS - CASE#2019CP4000659

possibility that poisonous gases were present in and about the

 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 on the First Cause of Action

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.
FOR A SECOND CAUSE OF ACTION
(SURVIVAL ACTION CLAIM)

14.

That the plaintiff incorporates the allegations of the First Cause of Action
above as fully as if repeated verbatim here.

15.

That the plaintiff is bringing this survival action for the benefit of the
decedent’s estate.

16.

That being heavily exposed to the poisonous gases that were present in
the apartment occupied by plaintiff’s decedent, the plaintiff is informed and
believes that plaintiff’s decedent suffered severe personal injuries and
great pain in body prior to his death which plaintiff is informed and
believes entitles the decedent’s estate to a judgment against the
defendant in an amount to be determined by the trier of fact.

WHEREFORE, plaintiff prays for judgment on the Second Cause of Action
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.

6

ELECTRONICALLY FILED - 2019 Feb 01 11:30 AM - RICHLAND - COMMON PLEAS - CASE#2019CP4000659

13.

 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

7

ELECTRONICALLY FILED - 2019 Feb 01 11:30 AM - RICHLAND - COMMON PLEAS - CASE#2019CP4000659

THE STANLEY LAW GROUP, P.A.