IN THE CIRCUIT COURT OF HORRY COUNTYSTATE OF SOUTH CAROLINA

TYRELL and NIKKI NELSON, individuallyand as parents and natural guardians ofJORDAN NELSON, a minor,

Plaintiffs,

v.

CAMBRIDGE ELEVATING,INC.;SEASIDE ELEVATORS, LLC; COASTALCAROLINA ELEVATORS, LLC;KENNETH MAHON and DUNES REALTY,INC.,

Defendants.

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JURY TRIAL DEMANDED

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COMPLAINT

The Plaintiffs Tyrell Nelson and Nikki Nelson, individually and as parents and natural

guardians of Jordan Nelson, a minor, complaining of the Defendants herein allege as follows:

PARTIES

I.

Plaintiffs Tyrell Nelson and Nikki Nelson are residents and citizens of the State of

Maryland and are the parents and natural guardians of Jordan Nelson, a minor.

2.

This action involves catastrophic injuries sustained by Plaintiffs' minor child, Jordan

Nelson, when he became entrapped and crushed while using an elevator located at 1311 North

Dogwood Drive, Murrells Inlet, Harry County, South Carolina 29576. That elevator will be

referred to herein as "the subject elevator" and the home located at 1311 North Dogwood Drive

will be referred to herein as "the subject home."

3.

Defendant Cambridge Elevating, Inc. was and is at all times hereinafter mentioned a

Canadian corporation with its principal place of business located at 1261 Industrial Road,

Cambridge, Ontario, Canada N3H 4W3. Defendant Cambridge Elevating, Inc. has agreed to

accept service of this Complaint and process through its attorney, J. Kenneth Carter, Turner,

Padget, Graham & Laney, PA, P.O. Box 1473, Columbia, SC 29202. For brevity, Cambridge

Elevating, Inc. will be referred to hereinafter as "Defendant Cambridge."

4.

At all times hereinafter mentioned, Defendant Cambridge has (a) transacted business in

the State of South Carolina; (b) contracted to supply services or things in the State of South

Carolina; (c) committed tortious acts, in whole or in part, in the State of South Carolina; (d)

caused tortious injury in the State of South Carolina by an act or omission outside this State,

while regularly conducting and/or soliciting business and/or engaging in other persistent course

of conduct and/or deriving substantial revenue from goods used or consumed or services

rendered, in the State of South Carolina; (e) entered into a contract to be performed, in whole or

in part, be either party in the State of South Carolina; and/or (f) produced, manufactured anellor

distributed goods with the reasonable expectation that those goods would be used or consumed in

the State of South Carolina, which goods were, in fact, used or consumed in the State of South

Carolina.

5.

The claims and causes of action asserted herein against Defendant Cambridge arise from

the acts set forth in the preceding paragraph.

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6.

Personal jurisdiction against Defendant Cambridge is proper pursuant to South Carolina's

Long-Arm Statute, S.C. Code Ann. § 36-2-803.

7.

Defendant Seaside Elevators, LLC is a South Carolina corporation with its principal

place of business located at 1044 Redi Mix Road, Little River, Horry County, South Carolina

29566. Defendant Seaside Elevators, LLC may be served through its registered agent for service

ofprocess, Larry R. Tyler, 11354 N. Highway 905, Longs, Horry County, South Carolina 29568.

8.

On information and belief, Defendant Seaside Elevators, LLC installed, inspected and/or

approved of the installation of the subject elevator in the subject home.

9.

On information and belief, Defendant Seaside Elevators, LLC serviced and repaired the

subject elevator after its installation and before Jordan Nelson was injured.

10.

Defendant Coastal Carolina Elevators, LLC is a South Carolina corporation with its

principal place of business located at 1044 Redi Mix Road, Little River, Horry County, South

Carolina 29566. Defendant Coastal Carolina Elevators, LLC may be served through its

registered agent for service of process, Larry R. Tyler, 11354 N. Highway 905, Longs, Horry

County, South Carolina 29568.

11.

Defendants Coastal Carolina Elevators, LLC serviced and repaired the subject elevator

after its installation and before Jordan Nelson was injured.

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12.

On infonnation and belief, Defendant Coastal Carolina Elevators, LLC (a) is a successor

of Seaside Elevators, LLC; (b) has acquired the assets andlor liabilities of Seaside Elevators,

LLC; (c) has merged with Seaside Elevators, LLC; (d) has assumed the liabilities of Seaside

Elevators, LL<:;:; andlor (e) has engaged in a joint venture with Seaside Elevators, LLC.

13.

Defendant Kenneth Mahon is a resident and citizen of the State of Virginia. Defendant

Mahon may be served at his residence, 1020 N Highland Street, Suite 1119, Arlington County,

Arlington, Virginia 22201.

14.

Defendant Mahon owned the subject home on and before November 26,2013.

15.

At all times hereinafter mentioned, Defendant Mahon has (a) transacted business in the

State of South Carolina; (b) contracted to supply service or things in the State of South Carolina;

(c) committed tortious acts, in whole or in part, in the State of South Carolina; (d) caused tortious

injury in the State of South Carolina by an act or omission outside this State, while regularly

conducting andlor soliciting business andlor engaging in other persistent course of conduct

andlor deriving substantial revenue from goods used or consumed or services rendered, in the

State of South Carolina; (e) had an interest in, using andlor possession of real property in the

State of South Carolina; andlor (f) entered into a contract to be perfonned, in whole or in party,

be either party in the State of South Carolina.

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16.

The claims and causes of action asserted herein against Defendant Mahon arise from the

acts set forth in the preceding paragraph.

17.

Personal jurisdiction against Defendant Mahon is proper pursuant to South Carolina's

Long-Ann Statute, S.C. Code Ann. § 36-2-803.

18.

Defendant Dunes Realty, Inc. is a South Carolina corporation with its principal place of

business located at 128 Atlantic Avenue, Garden City Beach, Horry Countyt South Carolina

29576. Defendant Dunes Realty, Inc. may be served through its registered agent for service of

process, J.R. Swain, 128 Atlantic Avenue, Garden City Beach, Horry County, South Carolina

29576. Defendant Dunes Realty, Inc. has agreed to accept service of this Complaint and process

through its attorney, Dominic Starr, McAngus, Goudelock & Courie, 2411 North Oak Street,

Suite 401, Myrtle Beach, SC 29577. For brevityt Defendant Dunes Realty, Inc. will be referred

to hereinafter as "Defendant Dunes."

19.

Defendants Dunes is a property management and rental company that entered into a

contract with Defendant Mahon for the management and rental of the subject home, which

agreement was in force and effect on and before November 26,2013.

20.

This Court has jurisdiction over the subject matter of this action.

21.

This Court has jurisdiction over the over the parties named herein.

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22.

Venue is proper in this Court because one or more defendants reside in this County. the

cause of action arose in this County and one or more of Defendants' acts or omissions occurred in

this County.

23.

This action is not removable to federal court because (a) Plaintiffs do not assert any

federal claim or cause of action 0. e., federal question jurisdiction does not exist); and (b) one or

more defendants are citizens of the forum State of South Carolina and thus removal based on

diversity of citizenship is improper under 28 U.S.C. §§1441(b).

FACTS

24.

Plaintiffs and other members of the Nelson family rented the subject home for

Thanksgiving break from November 23 through November 30, 2013.

25.

The subject home is a multi-family structure with two floors of living space. which are

not connected by any interior staircase. The living spaces in the subject home are located on the

second and third stories and can be accessed by separate. exterior staircases. The subject home

also has a residential elevator that services all three stories.

26.

On November 26,2013, Jordan Nelson, then ten (10) years old. was on the second story

of the subject home. Jordan entered the subject elevator from the second story of the subject

home in order to access the third story. As a direct and proximate result of Defendants' acts and

omissions as described herein, Jordan Nelson became trapped in the subject elevator, pinning

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and crushing him. Jordan was deprived of oxygen and lost his pulse until emergency personnel

extricated him. Jordan's brain and heart were deprived of oxygen for an extended period oftime,

resulting in permanent and catastrophic injuries, including profound brain damage.

27.

As a direct and proximate cause of Defendants' acts and omissions, Jordan Nelson

sustained serious and permanent physical, cognitive and emotional injuries, and has suffered and

will continue to suffer the loss of enjoyment of life at all times in the future. In addition,

Plaintiffs have incurred and will continue to incur medical expenses to treat Jordan's injuries for

the remainder of his life. Upon information and belief, Jordan Nelson will also incur lost wages

and/or significant impainnent of his ability to earn any wages and income in the future.

28.

As a direct and proximate cause of defendants' wrongful acts and omissions, as set forth

herein, Jordan Nelson has required and will continue to require extensive medical care and

treatment for the remainder of his life, as well as other expenses to accommodate and treat his

conditions.

FOR A FIRST CAUSE OF ACTION(DEFENDANT CAMBRIDGE ELEVATING, INC.)

29.

Plaintiffs allege all facts and allegations above as if fully set forth verbatim herein.

30.

Defendant Cambridge designed, manufactured, marketed, labeled, sold, distributed and

placed into the stream ofcommerce the subject elevator.

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31.

Plaintiffs will show that Defendant Cambridge was negligent in one or more of the

following particulars:

a. In designingt manufacturingt marketing, labelingt selling and distributing the

subject elevator in a defective condition;

b. In designing, manufacturing, marketingt labeling, selling and distributing the

subject elevator without sufficient warnings to advise individuals coming m

contact with the equipmentt particularly the Plaintiffs herein, of its dangers;

c. In failing to adequately test and inspect the product prior to placing it into the

stream ofcommerce;

d. In failing to provide adequate instructions and supervision for the installation and

manufacture of the product to all foreseeable uses; and

e. In failing to include a light curtain in its design and manufacture of the subject

elevator.

32.

That these acts of negligence, combining and concurring with one another and with the

acts and omissions of the other Defendants named herein, were the direct and proximate cause of

the injuries and damages sustained by the Plaintiffs herein.

FOR A SECOND CAUSE OF ACTION(DEFENDANT CAMBRIDGE ELEVATING, INC.)

33.

Plaintiffs allege all facts and allegations above as if fully set forth verbatim herein.

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34.

That at all times material herein, Defendant Cambridge was engaged in the practice of

designing, manufacturing, marketing, labeling, selling and distributing the subject elevator and

that the product did reach the consuming public without any substantial change in the conditions

from which it was sold; that the subject elevator was in a defective condition and was

unreasonably dangerous to the user or those reasonably expected to come in contact with the

product; and that these defective conditions caused Jordan Nelson's personal injuries set forth

hereinabove as well as the damages recited in this action; that the Plaintiffs are, therefore,

informed and believe Defendant Cambridge is strictly liable to them for their injuries and

damages as prescribed pursuant to §15-73-1 0, et seq, of the South Carolina Code of Laws, 1976.

FOR A THIRD CAUSE OF ACTION(DEFENDANTS COASTAL CAROLINA ELEVATORS, LLC &

SEASIDE ELEVATORS, LLC)

35.

Plaintiffs allege all facts and allegations above as if fully set forth verbatim herein.

36.

Plaintiffs will show that Defendant Seaside Elevators, LLC, its agents and employees,

were negligent in one or more of the following particulars:

a. In failing to exercise due care and skill in the installation, inspection and approval

of the subject elevator; and

b. In failing to exercise due care and skill to ensure that all work was performed in a

workmanlike manner and in compliance with all applicable laws and regulations,

including applicable provision of the American Society of Mechanical Engineers

(ASME) Safety Code for Elevators and Escalators.

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37.

Plaintiffs will show that Defendant Seaside Elevators, LLC and Coastal Carolina

Elevators, LLC, their agents and employees, were negligent in one or more of the following

particulars:

a. In failing to exercise due care and skill in the service and repair of the subject

elevator;

b. In failing to identify and correct dangerous conditions in the subject elevator;

c. In failing to alert others, including Defendants Dunes and/or Mahon, about

defects and dangerous conditions in the subject elevator; and

d. In failing to remove the subject elevator from service because of its defects and

dangerous conditions.

38.

That the acts and omissions of Defendants Seaside Elevators, LLC and Coastal Carolina

Elevators, LLC, their agents and employees, constitute negligence per se.

39.

That these acts of negligence, combining and concurring with one .another and with the

acts and omissions of the other Defendants named herein, were the direct and proximate cause of

the injuries and damages sustained by the Plaintiffs herein.

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FOR A FOURTH CAUSE OF ACTION(DEFENDANTS KENNETH MAHON & DUNES REALTV, INC.)

40.

Plaintiffs allege all facts and allegations above as if fully set forth verbatim herein.

41.

Plaintiffs will show that Defendants Mahon and Dunes, their agents and employees, were

negligent in one or more of the following particulars:

a. In failing to ensure that the subject home was safe and free from hidden defects,

including the subject elevator;

b. In failing to conduct necessary inspections, service and repairs of the subject

elevator to ensure it was in proper working order and was safe; and

c. In failing to warn Plaintiffs of latent or hidden dangers on the property of which

they knew or should have known.

42.

That these acts of negligence, combining and concurring with one another and with the

acts and omissions of the other Defendants named herein, were the direct and proximate cause of

the injuries and damages sustained by the Plaintiffs herein.

WHEREFORE, the Plaintiffs pray for judgment against the Defendants as follows:

A. For such actual damages as the Court may deem just and proper on the Plaintiffs'

First Cause of Action;

B. For such actual damages as the Court may deem just and proper on the Plaintiffs'

Second Cause of Action;

C. For such actual damages as the Court may deem just and proper on the Plaintiffs'

Third Cause of Action;

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, .•

D. For such actual damages as the Court may deem just and proper on the Plaintiffs'

Fourth Cause of Action;

E. For costs and disbursements in this action; and

F. For such other and further relief as this Court may deem just and proper; and

G. That Plaintiffs have a trial by jury on all issues and claims set forth herein.

HEARN & HEARN, PA

Conway, South Carolina

Dated: 1I-.2(!0/

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