ELECTRONICALLY FILED - 2022 Dec 20 11:47 AM - CHARLESTON - COMMON PLEAS - CASE#2022CP1005819

STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS

FOR THE NINTH JUDICIAL CIRCUIT
COUNTY OF CHARLESTON

Case No.: 2022-CP-________

Julius W. McCullar Jr., Individually and as
Personal Representative for the Estate of SUMMONS
Elizabeth Leona Burr McCullar,

Plaintiff,

vs.

The Medical University of South Carolina

d/b/a MUSC Health a/k/a MUSC,

Defendant.

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 on you, and to serve a copy of your Answer to

the said Complaint upon the subscribers at 2110 North Beltline Boulevard, Columbia,

South Carolina 29204, within thirty (30) days after service hereof, exclusive of the day of

such service, and if you fail to answer the Complaint within the time aforesaid, judgment

by default will be rendered against you for the relief demanded in such Complaint.

RIKARD & PROTOPAPAS, LLC

s/ Jescelyn T. Spitz
Jescelyn T. Spitz (SC Bar 101880)
2110 N. Beltline Blvd. (29204)
P.O. Box 5640
Columbia, South Carolina 29250
Telephone: 803.978.6111
Fax: 803.978.6112
December 20, 2022
 ELECTRONICALLY FILED - 2022 Dec 20 11:47 AM - CHARLESTON - COMMON PLEAS - CASE#2022CP1005819
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS
FOR THE NINTH JUDICIAL CIRCUIT
COUNTY OF CHARLESTON

Case No.: 2022-CP-________

Julius W. McCullar Jr., Individually and as
Personal Representative for the Estate of SUMMONS
Elizabeth Leona Burr McCullar,

Plaintiff,

vs.

The Medical University of South Carolina

d/b/a MUSC Health a/k/a MUSC,

Defendant.

COMES NOW, Plaintiff, Julius W. McCullar Jr., Individually and as Personal

Representative for the Estate of Elizabeth Leona Burr McCullar, alleges as follows:

PARTIES
1. The Plaintiff Julius W. McCullar Jr. (“Plaintiff’) is a citizen and resident of

Calhoun County, South Carolina and is the duly appointed representative of the estate of

his wife, Elizabeth Leona Burr McCullar, who died on July 27, 2021.

2. The Plaintiff brings this action in his capacity as personal representative of

his wife’s estate pursuant to S.C. Code Ann. §§ 15-51-10, et seq. The Plaintiff brings this

wrongful death action on behalf of his wife’s statutory beneficiaries.

3. The Plaintiff further brings this action in his capacity as personal

representative of his wife’s estate for damages recoverable pursuant to S.C. Code Ann.

§ 15-5-90. The Plaintiff brings this survival action pursuant to S.C. Code Ann. § 15-5-90

on behalf of his wife’s estate.

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4. The Defendant the Medical University of South Carolina d/b/a MUSC Health

a/k/a MUSC (“MUSC”) is an entity organized and existing under the laws of the state of

South Carolina, conducts business in the state of South Carolina, County of Charleston,

through its agents, servants and/or employees and derives substantial revenue

therefrom.

5. The Defendant MUSC acted by and through its agents, contractors, and

employees for the purpose of carrying on its business and therefore is liable for the

negligent acts and omissions of its agents, contractors, and employees under the theories

of respondeat superior and non-delegable duty.

6. Upon information and belief, Jennifer Blackstock, was at all times relevant

to this Complaint, an employee and/or agent of Defendant MUSC and was acting within

the scope and course of her employment and/or agency of MUSC.

7. The acts, omissions and occurrences described herein took place at MUSC

located at or near 169 Ashley Avenue, Charleston, South Carolina 29425.

JURISDICTION AND VENUE

8. Venue is proper pursuant to §15-7-30 of the South Carolina Code of Laws

Amended.

9. The Court has subject matter jurisdiction over this matter and in personam

jurisdiction over the parties.

FACTS
10. On or about July 12, 2021, Elizabeth Leona Burr McCullar (Liz”) was an

invitee at MUSC.

11. Liz underwent ultrasound-guided thoracentesis at MUSC on July 12, 2021.

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12. Following the procedure, Liz was taken for a chest x-ray to evaluate for the

possibility of pneumothorax.

13. After undergoing the chest x-ray, Liz felt weak and fell to the floor.

14. Upon information and belief, Liz landed on her left arm and wrist and hit her

head.

15. As a result of the fall, Liz was diagnosed with a left displaced humerus

fracture.

16. Liz fell, hitting her head and shoulder, and suffered serious injury.

17. MUSC knew or should have known that Liz was weak and unstable, and

the x-ray examination and events thereafter could result in a dangerous fall.

18. Defendant should have known through the exercise of reasonable diligence

that the x-ray examination and events thereafter posed an unreasonably dangerous

condition to Liz, without providing hands-on and/or additional assistance following the

imaging on July 12, 2021.

19. As a result of the fall, Liz suffered significant and ultimately fatal injuries to

her body, which required her to seek necessary medical treatment resulting in extensive

care prior to her death. Significantly, Liz’s injuries prior to her death include, but are not

limited to, a left displaced humerus fracture and removal from the liver transplant list.

20. As a result of the Defendant’s breach of its duties, Liz incurred extensive

medical treatment and expenses and suffered severe physical and emotional pain and

suffering and died.

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FOR A FIRST CAUSE OF ACTION
(NEGLIGENCE- WRONGFUL DEATH)
21. The foregoing allegations are realleged and reincorporated as if fully set

forth herein verbatim to the extent not inconsistent herewith.

22. Liz was an invitee at MUSC.

23. Defendant owed Plaintiff a duty to warn, remedy and take reasonable

measures to prevent latent hazardous or unsafe conditions from occurring at MUSC and

to otherwise maintain this property in a reasonably safe condition.

24. Defendant, by and through its agents, servants, and employees, breached

their duty and acted negligently, willfully, wantonly, and grossly negligently in one or more

of the following particulars:

a. In failing to provide reasonably safe premises and safety rails;

b. In failing to provide the assurance of preparation and reasonable care for

Liz’s protection;

c. In failing to warn Liz of the dangers of a fall from the exam table such as its

lack of handrails, the condition of the floor, and slippery surfaces, about

which MUSC had superior knowledge;

d. In failing to abide by MUSC’s own rules, policies, and/or procedures

associated with the exam table and assisting patients;

e. In failing to recognize Liz’s risk of falling following the x-ray exam;

f. In failing to provide additional assistance from another radiologic

technologist or another MUSC employee or family member after the x-ray

procedure to help stabilize Liz; and

g. In such other and further ways as discovery may reveal.

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All of which were the direct and proximate cause of the fatal injuries to Liz.

25. As a direct and proximate result of the Defendant’s negligence, Liz suffered

fatal injuries and died.

26. As a further direct and proximate result of the Defendant’s negligence,

Plaintiff and Liz's beneficiaries suffered deep and profound grief and sorrow, permanent

mental shock and suffering, and severe emotional distress. Additionally, Plaintiff and the

beneficiaries have been forever deprived of Liz’s love and affection, comfort,

companionship and society.

27. Plaintiff is entitled to recover compensatory damages, including, but not

necessarily limited to, damages for pecuniary loss, mental shock and suffering, wounded

feelings, grief and sorrow, loss of companionship, and deprivation of Liz’s love, affection

and society.

28. Plaintiff is informed and believes that the Defendant’s actions were willful,

wanton, or conducted with such reckless disregard that Plaintiff is entitled to recover

punitive damages in addition to compensatory damages.

29. As a direct and proximate result of the acts and omission of the Defendant,

the Plaintiff is hereby entitled to an award of actual and punitive damages in an amount

to be determined by a jury.

FOR A SECOND CAUSE OF ACTION

(NEGLIGENCE- SURVIVAL)

30. The foregoing allegations are realleged and reincorporated as if fully set

forth herein verbatim to the extent not inconsistent herewith.

31. As a direct and proximate result of the negligent, grossly negligent, reckless,

willful and/or wanton acts of Defendant as described herein, Liz endured continuing and

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excruciating pain and suffering and mental distress and suffered damages in an amount

to be determined by a jury at the trial of this case.

32. Plaintiff is informed and believes that Defendant’s actions were willful,

wanton, or conducted with such reckless disregard that Plaintiff is entitled to recover

punitive damages in addition to compensatory damages.

WHEREFORE, Plaintiff prays for the Court to award judgment against Defendant

for compensatory damages, actual damages, pain and suffering, loss of enjoyment of life,

mental distress, pecuniary loss, mental shock and suffering, wounded feelings, grief and

sorrow, loss of companionship, deprivation of Liz’s love, affection and society, loss of

consortium, negligent infliction of emotional distress, punitive damages, attorney’s fees,

the costs of this action, such other and further damages as may be revealed in discovery

and proven at trial, and such other and further relief as the Court deems just and proper.

RIKARD & PROTOPAPAS, LLC

s/ Jescelyn T. Spitz
Jescelyn T. Spitz (SC Bar 101880)
2110 N. Beltline Blvd. (29204)
P.O. Box 5640
Columbia, South Carolina 29250
Telephone: 803.978.6111
Facsimile: 803.978.6112
Email: [email protected]

December 20, 2020