ELECTRONICALLY FILED - 2018 Oct 23 3:39 PM - RICHLAND - COMMON PLEAS - CASE#2018CP4005583

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

)
COUNTY OF RICHLAND ) FOR THE FIFTH JUDICIAL CIRCUIT
)
LEAH MCCLESKEY and JONATHAN )
MCCLESKEY, ) Case No.: 2018-CP-40-______
)
Plaintiffs, )
) SUMMONS
vs. )
)
RICHLAND COUNTY SCHOOL )
DISTRICT ONE and SIZEMORE, INC. )
d/b/a SIZEMORE SECURITY, )
)
Defendants. )
)

TO: THE ABOVE-NAMED DEFFENDANTS:

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 this Complaint

upon the subscriber, at the address shown below, within thirty (30) days after service hereof,

exclusive of the day of such service, and if you fail to appear and defend this action by answering

the Complaint, judgment by default will be rendered against you for the relief demanded in the

Complaint.

Respectfully submitted,

By: s/J. Taylor Powell

Ellis R. Lesemann (SC Bar No. 15315)
[email protected]
J. Taylor Powell (SC Bar No. 100211)
[email protected]
LESEMANN & ASSOCIATES LLC
418 King Street, Suite 301
Charleston, SC 29403
Phone: (843) 724-5155

Attorneys for Plaintiffs

October 23, 2018
Charleston, South Carolina
 ELECTRONICALLY FILED - 2018 Oct 23 3:39 PM - RICHLAND - COMMON PLEAS - CASE#2018CP4005583
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
)
COUNTY OF RICHLAND ) FOR THE FIFTH JUDICIAL CIRCUIT
)
LEAH MCCLESKEY and JONATHAN )
MCCLESKEY, ) Case No.: 2018-CP-40-______
)
Plaintiffs, )
) COMPLAINT
vs. )
) (Negligence, Gross Negligence, Loss of
RICHLAND COUNTY SCHOOL ) Consortium, and Negligent Infliction of
DISTRICT ONE and SIZEMORE, INC. ) Emotional Distress)
d/b/a SIZEMORE SECURITY, )
(Jury Trial Demanded)
)
Defendants. )
)

COME NOW Plaintiffs Leah McCleskey and Jonathan McCleskey (“Plaintiffs”), by and

through their undersigned attorneys and complain of Defendants as follows:

PARTIES

1. Plaintiff Leah McCleskey (“Mrs. McCleskey”) is a citizen and resident of Richland

County, South Carolina.

2. Plaintiff Jonathan McCleskey (“Mr. McCleskey”) is a citizen and resident of

Richland County, South Carolina.

3. Defendant Richland County School District One is a governmental entity existing

under the laws of the State of South Carolina, within the meaning of the State of South Carolina

Tort Claims Act, S.C. Code § 15-78-10, et seq., and owns and maintains the buildings and premises

of Hand Middle School located at 2600 Wheat Street, Columbia, South Carolina, 29205.

4. Defendant Sizemore, Inc. d/b/a Sizemore Security (“Sizemore”) is a Georgia

corporation having a principal place of business at 2003 Gordon Highway, Augusta, GA 30909.
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Upon information and belief, Defendant Sizemore was hired by Richland County School District

One to provide security services at Hand Middle School on July 4, 2018.

JURISDICTION AND VENUE

5. The incident that caused the grievous injuries of the Plaintiffs occurred on July 4,

2018, in Richland County, South Carolina. The acts and omissions by Defendants that caused

Plaintiffs’ injuries occurred in Richland County, South Carolina.

6. Defendant Richland County School District One owns real and personal property

and/or regularly conducts business in Richland County, South Carolina.

7. Defendant Sizemore regularly conducts business in Richland County, South

Carolina.

8. This Court has jurisdiction over the subject matter of this action pursuant to S.C.

Code § 15-7-30(B) (action must be tried in the county where it properly may be brought) and S.C.

Code § 15-78-100 (jurisdiction for any action arising under South Carolina Tort Claims Act is in

the Circuit Court in the county where the act or omission occurred).

9. For these reasons, this Court has personal jurisdiction over the parties to this action

and subject matter jurisdiction over the claims asserted in the Complaint and venue is proper.

STATEMENT OF FACTS

10. Richland County School District One is one of South Carolina’s largest school

districts with a total enrolment of over 22,000 students and over 4,200 employees.

11. In 2013, Richland County School District One’s procurement services department

released an invitation to bid to provide 40,000 man hours per year of private security guard and

support services to the nine high schools, nine middle schools, twenty-nine elementary schools,

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and fifteen support facilities owned and managed by Richland County School District One for a

period of one year, followed by four, one-year options to run consecutively.

12. Sizemore had been providing security services to Richland County School District

One for over fifteen years at the time the District released its invitation to bid to provide

districtwide private security guard and support services.

13. In December 2013, Richland County School District One accepted Sizemore’s bid

to continue providing private security guard and support services districtwide.

14. The Security Guard and Support Services Specifications contained in the invitation

to bid released by Richland County School District One, which are incorporated into its contract

with Sizemore, state that all employees shall meet or exceed the standards for competency,

proficiency, character, and integrity required by law in S.C. Codes §§ 40-17-10, 40-17-50, 40-17-

70, and 40-17-130 of the South Carolina Private Detective and Private Security Agencies Act

(which would later be regulated by Title 40 Chapter 18), and that all persons employed shall be

registered by the South Carolina Law Enforcement Division (“SLED”).

15. The Security Guard and Support Services Specifications contained in the invitation

to bid released by Richland County School District One, which are incorporated into its contract

with Sizemore, provide general instructions to any security officer who performs any type of duty

for Richland County School District One and state the requirement that Richland County School

District One incident reports must be completed if the security officer has to meet with local public

safety (e.g. fire, police, sheriff).

16. On July 4, 2018, Sizemore was under contract with Richland County School

District One, for $685,000.00 per year, to provide private security for its premises, including Hand

Middle School, located at 2600 Wheat Street in Columbia, South Carolina.

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17. Upon information and belief, members of the public have been gathering at Hand

Middle School to set off fireworks every July 4th Holiday for at least the past ten years.

18. On the night of July 4, 2018, Plaintiffs went to Hand Middle School, located at

2600 Wheat Street in Columbia, South Carolina, to observe the setting off of fireworks by

members of the public.

19. On the night of July 4, 2018, when Plaintiffs went to Hand Middle School to

observe the fireworks, they also brought their four-year-old son.

20. As Plaintiffs were observing members of the public set off fireworks, they were

sitting on a blanket in the athletics field at Hand Middle School with Plaintiffs’ four-year-old son

sitting on Mrs. McCleskey’s lap.

21. At some point on the night of July 4, 2018, Mr. McCleskey and Plaintiffs’ four-

year-old son decided to light sparklers, so they walked away from the blanket where the family

had been sitting.

22. Immediately after Plaintiff’s four-year-old son got up off of her lap, Mrs.

McCleskey was struck in her torso by a mortar type firework.

23. Both Mr. McCleskey and Plaintiff’s four-year-old son witnessed the mortar type

firework strike Mrs. McCleskey as well as the injuries she suffered.

24. After the mortar type firework struck Mrs. McCleskey in the chest, it exploded,

sending burning shrapnel and debris into Mrs. McCleskey’s arms, torso, and legs, and setting her

legs on fire.

25. Mr. McCleskey put out the flames by patting her with the blanket on which they

had been sitting and removing Mrs. McCleskey’s clothing which was still on fire.

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26. A person who witnessed the mortar type firework strike Mrs. McCleskey called

911, and emergency responders promptly arrived at the scene.

27. As Mrs. McCleskey was being loaded into the ambulance, a uniformed security

guard, employed by Sizemore, approached Mr. McCleskey and attempted to get him to sign an

unidentified document.

28. Mrs. McCleskey suffered substantial serious trauma to her head, arms, torso, and

legs resulting in third degree burns to the majority of her legs, and multiple wounds from shrapnel

on her arms and legs, as evidenced by the following photographs:

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29. Mrs. McCleskey endured excruciating pain when she was hit in the chest with the

firework, which subsequently exploded causing deep shrapnel wounds and setting Mrs.

McCleskey on fire.

30. Mrs. McCleskey was rushed to the emergency room at Palmetto Health Richland,

where health care professionals determined that her burn injuries would require the expert care

that only the Joseph M. Still Burn Center located in Augusta, Georgia could provide.

31. Mrs. McCleskey was transported over 80 miles by ambulance from Palmetto Health

Richland to the Joseph M. Still Burn Center, while Mr. McCleskey followed in his car.

32. Mrs. McCleskey underwent eleven grueling surgeries at the Joseph M. Still Burn

Center to remove shrapnel and debris and treat her wounds.

33. Mrs. McCleskey spent forty-two days at the Joseph M. Still Burn Center located in

Augusta, Georgia, and was bedridden for the first few weeks that she was being treated.

34. During the forty-two days that Mrs. McCleskey spent at the Joseph M. Still Burn

Center, she was only able to see her four-year-old son on a few occasions. Mr. McCleskey was

only able to make the trip to see her on his days off from work when he was also able to secure

childcare for their son.

35. Upon being discharged from the Joseph M. Still Burn Center, Mrs. McCleskey

returned home under very strict restrictions from her surgeons and began undergoing physical and

occupational therapy.

36. Mrs. McCleskey has already incurred medical bills in excess of One Million Three

Hundred Thousand Dollars ($1,300,000.00) and will further require years of future medical

treatment to include physical and occupational therapy and multiple surgeries.

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37. Mr. and Mrs. McCleskey have also required and will continue to require treatment

for the mental and emotional trauma they have suffered as a result of this incident.

FOR A FIRST CAUSE OF ACTION

(Negligence and Gross Negligence – Defendant Sizemore)

38. Plaintiffs reallege and reincorporate the above paragraphs of the Complaint as if

fully set forth herein verbatim.

39. In December 2013, Richland County School District One entered into Contract No.

20140008 with Sizemore to provide for security officer services for Richland County School

District One premises.

40. The Sizemore uniformed security guard present at Hand Middle School on the night

of July 4, 2018, failed to demonstrate good judgment that should be expected of a reasonable

private security guard.

41. The Sizemore uniformed security guard failed to maintain a safe environment at

Hand Middle School on the night of July 4, 2018.

42. The Sizemore uniformed security guard failed to create and maintain a safe

perimeter for spectators prior to any fireworks being set off on the night of July 4, 2018.

43. A properly trained and alert security officer should consider members of the public

igniting fireworks on the premises of Hand Middle School a disturbance that jeopardizes the

security and safety of Richland County School District One property, visitors, and/or staff and the

Sizemore uniformed security guard’s failure to act clearly jeopardized the security and safety of

Richland County School District One’s property, visitors, staff, and the general public.

44. The Sizemore uniformed security guard failed to preserve the peace, protect life,

limb, and property, and enforce the rules and regulations of Sizemore or Richland County School

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District One, which specifically state that no one will possess, handle, transmit, conceal nor use

any explosive device or device that can be used as an explosive such as fireworks or firecrackers.

45. The Sizemore uniformed security guard’s failure to take any action placed the lives

and property of the public at great risk, as evidenced by the significant injuries sustained by Mrs.

McCleskey.

46. The Sizemore uniformed security guard failed to take any steps to notify proper law

enforcement authorities of the unauthorized fireworks display at Hand Middle School on July 4,

2018.

47. A properly trained and alert security officer would view the igniting of fireworks

on the premises of Hand Middle School as likely to cause personal injury, threaten life, and damage

property. The Sizemore uniformed security guard’s failure to take any actions show that she either

did not have the proper training to recognize the threat posed or that she chose to ignore any such

training.

48. The Sizemore uniformed security guard failed to maintain a safe and secure

premise of Hand Middle School, failed to immediately expel any person igniting fireworks from

the premises of Hand Middle School, and failed to take any measures to ensure that any fireworks

being ignited at the premises of Hand Middle School were done so in a safe and responsible

manner.

49. The Sizemore uniformed security guard was acting within the scope of her

employment for Defendant Sizemore at all relevant times. Therefore, her actions and omissions

are imputed to Defendant Sizemore and Defendant Sizemore is vicariously liable for those actions

and omissions.

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50. Sizemore knew or should have known, based on the fact that it has been providing

private security services to Richland County School District One for over fifteen years, that

members of the public have been gathering at Hand Middle School to set off fireworks on every

July 4th Holiday for at least the past ten years.

51. Sizemore’s knowledge that members of the public would gather at Hand Middle

School to set off fireworks and its failure to take any actions to either prevent this from happening

or to ensure that the fireworks were set off in such a way to protect the lives and safety of observers

constitute actionable negligence.

52. As a direct and proximate result of Defendant Sizemore’s willful, wanton, reckless,

grossly negligent, and negligent acts, Mrs. McCleskey has suffered injuries, which have caused,

continue to cause, and will in the future cause excruciating pain and suffering, and which have

required, and in the future require, multiple surgeries.

53. As a direct and proximate result of Defendant Sizemore’s willful, wanton, reckless,

grossly negligent, and negligent acts, Mrs. McCleskey has suffered permanent and irreparable

physical damage to her body.

54. Due to the willful, wanton, reckless, grossly negligent, and negligent acts of

Defendant Sizemore, Mrs. McCleskey is entitled to recover actual and punitive damages, as

determined by a jury.

FOR A SECOND CAUSE OF ACTION

(Negligence – Defendant Richland County School District One)

55. Plaintiffs reallege and reincorporate the above paragraphs of the Complaint as if

fully set forth herein verbatim.

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56. Defendant Richland County School District One was very specific in the duties and

responsibilities expected of the contract security business from whom it would procure security

services.

57. All of these duties and responsibilities are incorporated into Contract No.

20140008, which was signed by Richland County School District One and Sizemore and was in

effect on July 4, 2018.

58. Upon information and belief, there was no oversight by Richland County School

District One to ensure that Sizemore was operating according to Contract No. 20140008.

59. Upon information and belief, there was no oversight by Richland County School

District One to ensure that Sizemore’s security officers were operating in a manner that did not

violate the laws of South Carolina or place the public at risk for injury or death.

60. Richland County School District One knew, or should have known, that members

of the public have been gathering at Hand Middle School to set off fireworks on every July 4th for

at least the past ten years.

61. Richland County School District One’s knowledge that members of the public

would gather at Hand Middle School to set off fireworks and its failure to take any actions to either

prevent this from happening or to ensure that the fireworks were set off in such a way to protect

the lives and safety of observers constitute actionable negligence.

62. As a direct and proximate result of Defendant Richland County School District

One’s negligence, Mrs. McCleskey, has suffered injuries, which have caused, continue to cause,

and will in the future cause excruciating pain and suffering, and which have required, and in the

future require, multiple surgeries.

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63. As a direct and proximate result of Defendant Richland County School District

One’s negligence, Mrs. McCleskey’s has suffered permanent and irreparable physical damage to

her body.

64. Due to the negligence of Defendant Richland County School District One, Mrs.

McCleskey is entitled to recover actual damages, as determined by a jury.

FOR A THIRD CAUSE OF ACTION

(Loss of Consortium - Against Both Defendants)

65. Plaintiffs reallege and reincorporate the above paragraphs of the Complaint as if

fully set forth herein verbatim.

66. As a direct and proximate result of Defendants’ willful, wanton, reckless, negligent

and grossly negligent acts, Mr. McCleskey, as Mrs. McCleskey’s husband, has suffered a loss of

consortium.

67. Due to the willful, wanton, reckless, grossly negligent, and negligent acts of

Defendants, Mr. McCleskey is entitled to recover actual and punitive damages, as determined by

a jury.

FOR A FOURTH CAUSE OF ACTION

(Negligent Infliction of Emotional Distress – Against Both Defendants)

68. Plaintiffs reallege and reincorporate the above paragraphs of the Complaint as if

fully set forth herein verbatim.

69. Defendants’ negligence caused serious physical injury to Mrs. McCleskey, to

which injury Mr. McCleskey was a bystander as he was in close proximity to his wife’s accident.

70. Mr. McCleskey and Mrs. McCleskey are closely related, as they are husband and

wife.

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71. Mr. McCleskey contemporaneously perceived his wife’s accident, which has

caused him to undergo severe emotional distress.

72. Mr. McCleskey’s emotional distress has manifested itself by physical symptoms

capable of objective diagnosis and can be established by expert testimony.

73. Witnessing this accident has caused Mr. McCleskey significant emotional distress

not limited to insomnia, nightmares when he is able to go to sleep, depression, and anxiety.

74. Due to the emotional distress that he has suffered since witnessing his wife's

accident, Mr. McCleskey has been forced to take time off work resulting in lost wages, and has

experienced pain, suffering, and mental anguish.

75. As a direct and proximate result of Defendants’ willful, wanton, reckless, negligent,

and grossly negligent acts, Mr. McCleskey, as Mrs. McCleskey’s husband, has suffered injuries,

which have caused, and in the future will cause, pain and suffering and mental anguish.

76. Due to the willful, wanton, reckless, negligent, and grossly negligent acts of

Defendants, Mr. McCleskey is entitled to recover actual and punitive damages, as determined by

a jury.

WHEREFORE, having stated its factual allegations and causes of action against

Defendants Richland County School District One and Sizemore, Plaintiffs Leah McCleskey and

Jonathan McCleskey pray for the following:

i. A trial by jury;

ii. Judgment against Defendants for actual, consequential and punitive

damages pled herein in an amount to be determined by the jury;

iii. For the costs of this action;

iv. For such other and further relief as this court deems just and proper.

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Respectfully submitted,

By: s/J. Taylor Powell

Ellis R. Lesemann (SC Bar No. 15315)
[email protected]
J. Taylor Powell (SC Bar No. 100211)
[email protected]
LESEMANN & ASSOCIATES LLC
418 King Street, Suite 301
Charleston, SC 29403
Phone: (843) 724-5155

Attorneys for Plaintiffs

October 23, 2018
Charleston, South Carolina

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