ELECTRONICALLY FILED - 2020 May 28 2:49 PM - HORRY - COMMON PLEAS - CASE#2020CP2603275

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

)
COUNTY OF HORRY ) FIFTEENTH JUDICIAL CIRCUIT
)
Diminique Bellamy, ) C/A No.
)
Plaintiff, )
)
v. )
) SUMMONS
David J. Bean d/b/a Derrier’s Gentlemens ) (Jury Trial Demanded)
Club and Seaboard Ventures, Inc., )
)
Defendants. )

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 the said

Complaint on the Plaintiffs’ attorneys, Mary Madison Brittain Langway and Thomas C. Brittain,

at The Brittain Law Firm, P.A., 4614 Oleander Drive, Myrtle Beach, South Carolina 29577, within

thirty (30) days after the service hereof, exclusive of the date of such service and if you fail to

answer the Complaint within the time aforesaid, the Plaintiff in this action will apply to the Court

for the relief demanded in the Complaint.

Dated at Myrtle Beach, South Carolina on the 28th day of May, 2020.

THE BRITTAIN LAW FIRM, P.A.

s/Thomas C. Brittain
Thomas C. Brittain, Esquire
(SC Bar #893)
4614 Oleander Drive
Myrtle Beach, SC 29577
(843) 449.8562
(843) 497.6124 (fax)
Attorney for Plaintiff
 ELECTRONICALLY FILED - 2020 May 28 2:49 PM - HORRY - COMMON PLEAS - CASE#2020CP2603275
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
)
COUNTY OF HORRY ) FIFTEENTH JUDICIAL CIRCUIT
)
Diminique Bellamy, ) C/A No.
)
Plaintiff, )
)
v. )
) COMPLAINT
David J. Bean d/b/a Derrier’s Gentlemens ) (Jury Trial Demanded)
Club and Seaboard Ventures, Inc., )
)
Defendants. )
TO: THE ABOVE NAMED DEFENDANTS:
NOW COMES THOMAS C. BRITTAIN, on behalf of the Plaintiff, and would respectfully
show unto the Court:
PARTIES
1. That Diminique Bellamy (“Plaintiff”) is a citizen and resident of the State of South
Carolina, County of Horry.
2. That David J. Bean (“Defendant Bean”) d/b/a Derrier’s Gentlemens Club,
(“Defendant Club”), is a resident and citizen of the County of Horry, State of South Carolina and
at all times relevant herein Defendant Bean was the owner and operator of Defendatn Club
operating and conducting business in Horry County, South Carolina.
3. That Seaboard Ventures, Inc., (“Defendant Corporation”) is a corporation
organized and existing under the laws of the State of South Carolina and, during all times relevant
herein, was operating and transacting business in the County of Horry.
4. Upon information and belief, at all relevant times herein, Defendant Bean was the
owner of Defendant Corporation and was operating Defendant Club through Defendant
Corporation.
5. That, upon information and belief, Defendant Corporation is vicariously liable for
the actions of Defendant Bean and Defendant Club and, further, negligent in fact.
6. That this Court has jurisdiction over the matter between these parties.
FACTS
7. That, upon information and belief, on Plaintiff attended Defendant Club as a patron
on December 31, 2019 (New Year’s Eve).
 ELECTRONICALLY FILED - 2020 May 28 2:49 PM - HORRY - COMMON PLEAS - CASE#2020CP2603275
8. That, upon information and belief, at or around 1:30 am on January 1, 2020 Plaintiff
was shot multiple times while inside Defendant Club and was rushed to Grand Strand Regional
Medical Center (“Hospital”).
9. That, upon information and belief, while in the ER at the hospital it was determined
that Plaintiff had sustained five gun shot wounds to his left arm, left flank, and abdomen.
10. That, upon information and belief, Plaintiff was taken to the operating room for
diagnostic laparoscopy and rigid sigmoidoscopy due to concern for abdominal injuries.
11. That, upon information and belief, Plaintiff remained hospitalized for treatment and
observation of his injuries until his discharge on January 3, 2020.
FOR A FIRST CAUSE OF ACTION
(Negligence/Gross Negligence)

12. Plaintiff realleges each and every allegation of the preceding paragraphs as if set
forth herein verbatim.
13. That Defendants carelessly and negligenty created a dangerous environment at
Defendant Club for their patrons/invitees by failing to provide adequate security to ensure no
weapons were allowed on the premises.
14. That Defendants knew or should have known of the likelihood of criminal activity
in or around their premises based upon previous incidents.
15. That Defendants failed to take proper precautions and, further, failed to warn their
patrons of possible dangers associated with past criminal activity in or around Defendant Club.
16. That Defendants owed a duty to Plaintiff, as a patron of Defendant Club, to provide
a safe environment and, further, to protect him against reasonable and foreseeable dangers.
17. Further, that Plaintiff had a right to rely upon Defendants’ duty to provide a safe
environment to their patrons.
18. That Defendants were negligent and grossly negligent in one or more of the
following particulars, all of which were a direct and proximate cause of the injuries sustained by
Plaintiff as a result of the above-referenced incident:
(a) In failing to ensure the premises of Defendant Club was safe for all
invitees/patrons;

(b) In failing to warn patrons/invitees of any potential dangers on the premises of

Defendant Club;
 ELECTRONICALLY FILED - 2020 May 28 2:49 PM - HORRY - COMMON PLEAS - CASE#2020CP2603275
(c) In failing to provide adequate security at Defendant Club to ensure weapons were
not allowed on the premises;

(d) In failing to implement proper precautions to ensure a safe environment for their
patrons/invitees;

(e) In failing to properly train, hire and supervise all employees, agents, third-party
contractors, etc. pertaining to security on site to prevent such conduct; and

(e) In other ways which will be demonstrated in discovery and established at the trial
of this action.

19. As a direct and proximate result of the Defendants’ careless, reckless and negligent
actions, Plaintiff has sustained medical expenses, physical pain and suffering, emotional distress,
mental anguish and loss of enjoyment of life.
FOR A SECOND CAUSE OF ACTION
(Outrage)

20. Plaintiff realleges each and every allegation of the preceding paragraphs as if set
forth herein verbatim.
21. That Defendants’ complete disregard for the safety of their patrons is intolerable
and not to be borne.
22. That, upon information and belief, Defendants knew or should have known of the
illegal activities occurring on the premises of Defendant Club and, further, that Defendant Bean
was an active participant in the illegal sexual activities occurring inside Defendant Club.
23. That Plaintiff is entitled to a recovery, at the hands of a jury, for both actual and
punitive damages based on the conduct of Defendants and injury sustained by Plaintiff all of which
were the direct and proximate result of the negligence and gross negligence as set forth herein
above by the Defendants.
WHEREFORE, Plaintiff would request that the Court and the jury inquire of this matter
and attribute appropriate damages, both actual and punitive, based on Plaintiff’s medical expenses,
pain and suffering and other related damages.
 ELECTRONICALLY FILED - 2020 May 28 2:49 PM - HORRY - COMMON PLEAS - CASE#2020CP2603275
THE BRTTAIN LAW FIRM, P.A.

s/Thomas C. Brittain
Thomas C. Brittain, Esquire
(SC Bar #893)
4614 Oleander Drive
Myrtle Beach, SC 29577
(843) 449.8562
(843) 497.6124 (fax)
Attorney for Plaintiff

May 28, 2020

Myrtle Beach, South Carolina