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Man Files Lawsuit Against MUSC Claiming Wife Died After Fall at Hospital
Man Files Lawsuit Against MUSC Claiming Wife Died After Fall at Hospital
Plaintiff,
vs.
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.
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
Plaintiff,
vs.
Defendant.
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.
his wife’s estate pursuant to S.C. Code Ann. §§ 15-51-10, et seq. The Plaintiff brings this
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
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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
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
7. The acts, omissions and occurrences described herein took place at MUSC
Amended.
9. The Court has subject matter jurisdiction over this matter and in personam
FACTS
10. On or about July 12, 2021, Elizabeth Leona Burr McCullar (Liz”) was an
invitee at MUSC.
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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
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
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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
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
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
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
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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
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,
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
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.
30. The foregoing allegations are realleged and reincorporated as if fully set
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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ELECTRONICALLY FILED - 2022 Dec 20 11:47 AM - CHARLESTON - COMMON PLEAS - CASE#2022CP1005819
excruciating pain and suffering and mental distress and suffered damages in an amount
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
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
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.
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]