ELECTRONICALLY FILED - 2021 Aug 04 9:05 AM - COLLETON - COMMON PLEAS - CASE#2021CP1500487

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

)
COUNTY OF COLLETON )

WENDI SEE, AS )
SPECIAL ADMINISTRATOR OF )
ESTATE OF CRISTINA PANGALANGAN,) SUMMONS
PLAINTIFF, ) Wrongful Death & Survival Action
) (Jury Trial Demanded)
vs. )
)
SOUTH CAROLINA DEPARTMENT )
OF SOCIAL SERVICES, )
DEFENDANT. )
____________________________________)

TO: THE DEFENDANTS ABOVE NAMED:

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 Plaintiff by and through his/her attorney(s), Karl D. Twenge of TWENGE +

TWOMBLEY, LLC, 311 Carteret Street, Beaufort, South Carolina 29902, within thirty (30) days

after the 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 the Complaint. Any Answer that you serve on the parties in this action must

be filed with the Clerk of Court within a reasonable period of time after service.

s/Karl Twenge
SC Bar No.: 71694
311 Carteret Street
Beaufort, SC 29902
Telephone: (843) 982-0100
Beaufort, SC [email protected]
August 3, 2021 Attorney for Plaintiff

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 ELECTRONICALLY FILED - 2021 Aug 04 9:05 AM - COLLETON - COMMON PLEAS - CASE#2021CP1500487
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
)
COUNTY OF COLLETON )

WENDI SEE, AS )
SPECIAL ADMINISTRATOR OF )
ESTATE OF CRISTINA PANGALANGAN,) COMPLAINT
PLAINTIFF, ) Wrongful Death and Survival Action
) (Jury Trial Demanded)
vs. )
)
SOUTH CAROLINA DEPARTMENT )
OF SOCIAL SERVICES, )
DEFENDANT. )
____________________________________)

The Plaintiff, The Estate of Cristina Pangalangan (Hereinafter “Pangalangan”), by and

through undersigned counsel, and for their Complaint against the above-named Defendant, do

hereby allege as follows:

PARTIES AND VENUE

1. The Plaintiff Wendi See is a citizen and resident of the County of Colleton,

State of South Carolina and is the duly appointed Special Administrator of the Estate of Cristina

Pangalangan, deceased, who died on August 5, 2019.

2. This action is brought on behalf of the Estate of decedent, for damages

recoverable pursuant to § 15-5-90, Code of Laws of South Carolina (1976) and for damages

recoverable by the statutory beneficiaries of decedent, pursuant to § 15-51-10, et. seq., Code of

Laws of South Carolina (1976, as amended).

3. The Defendant, South Carolina Department of Social Services (“DSS”), is a

South Carolina government entity that performs its services in Colleton County, South Carolina

and is subject to suit for its tortious acts and the tortious acts of its employees and agents

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performed in the scope of their employment pursuant to he South Carolina Tort Claims Act

(“SCTCA”). Said Defendant is a party to this action pursuant to South Carolina Code Ann.

Section 15-78-10 et seq., of the SCTCA.

4. Venue is proper pursuant to South Carolina Code Section 15-7-30 as all tortious

acts, violations of Plaintiff’s constitutional rights and injuries occurred in the County of Colleton

County, South Carolina.

FACTUAL BACKGROUND

5. Cristina Pangalangan was born March 28, 2006 to Rita Pangalangan and Walter

Pangalangan.

6. Cristina was born with severe intellectual and physical disabilities that resulted in

her being wheelchair bound and unable to communicate verbally.

7. On August 5, 2019, Cristina was left in a parked Volkswagen Jetta owned by her
mother, Rita.
8. As a result of being left unattended in a parked car in the middle of the summer,

Cristina died a tortuous death of extreme pain and suffering.

9. Prior to Cristina’s death on August 5, 2019, DSS had been notified numerous

times regarding the inappropriate care provided to Cristina by her mother.

10. On five separate occasions contact was made to DSS regarding concerns that

individuals had regarding the care Cristina was receiving from her mother.

11. The last contact DSS had with Cristina, was on March 18, 2019, related to a

severe burn on Cristina’s face, neck, and chest.

12. South Carolina DSS was alerted by the Colleton County School District after

Cristina was sent to school without a bandage and the wound was draining. The school and DSS

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 ELECTRONICALLY FILED - 2021 Aug 04 9:05 AM - COLLETON - COMMON PLEAS - CASE#2021CP1500487
contacted Cristina’s mother on March 18, 2019, requesting that she seek treatment for Cristina’s

wound.

13. Cristina was not provided medical care for her wound as requested by DSS on March

18, 2019.

14. On March 19, 2019, Cristina was once again returned to school by her mother

without treatment. The school district described Cristina’s wound as smelling and draining on

Cristina’s shirt.

15. The School district raised additional concerns to DSS, that Cristina was not being

cared for properly at home by her mother.

16. This was the fifth interaction South Carolina DSS had with Rita as it relates to the

care of Cristin, yet took no further action.

17. Rita Pangalangan stated to DSS that she was frustrated with the school and would no

longer send Cristina to the school when she was injured because they will report her to DSS.

18. South Carolina DSS failed to intervene in any way.

FOR A FIRST CAUSE OF ACTION

(Negligence and Gross Negligence)

19. Plaintiff incorporates herein and realleges, as if fully set forth in this paragraph,

all of the prior allegations.

20. Defendants undertook a duty to provide policies, procedures, plans, education and

training for its employee staff in an attempt to ensure that such staff was trained, competent and

certified in providing certified patient care.

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 ELECTRONICALLY FILED - 2021 Aug 04 9:05 AM - COLLETON - COMMON PLEAS - CASE#2021CP1500487
21. Defendants accepted the responsibility that such employee staff be trained and

have up-to-date certification. That the employee staff provide for all investigative and case

management services according to that training. That the training investigative and management

services be conducted according to the above-mentioned policies and procedures dictated by

Defendants the applicable statues and regulations of South Carolina.

22. Defendants failed to exercise the slightest care and were negligent and grossly

negligent against Plaintiff in the following ways:

a. In failing to create, approve, implement and/or enforce appropriate

policies, procedures and/or plans in accordance with the guidelines that

conform to the national standard for social services;

b. In failing to properly monitor, train and/or educate its employee staff in

accordance with the guidelines that conform to the national standards for

social services;

c. In improperly creating, approving, implementing, and/or enforcing

policies, procedures and/or plans not in accordance with the guidelines

and policies that conform to the national standards for social services;

d. In other acts and/or omission that may not be known to the Plaintiffs

without the benefit of discovery, as well as those acts, an/or omissions

which conform to the discovery and evidence in this case.

e. In failing to provide adequate social services to the minor Plaintiff;

f. In allowing the Plaintiff to be physically and mentally harmed during the

investigative process;

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 ELECTRONICALLY FILED - 2021 Aug 04 9:05 AM - COLLETON - COMMON PLEAS - CASE#2021CP1500487
g. In failing to protect the minor Plaintiff from harm;

h. In failing to properly hire and train personnel;

i. In failing to properly investigate claims;

j. In failing to follow standard protocol with the investigation of claims;

k. In failing to act in a reasonably prudent manner;

23. Plaintiff brings this action pursuant to S.C. Code Ann. §§ 15-51-10, et seq. for

the benefit of the statutory beneficiaries of Cristina Pangalangan, as designated by S.C. Code

Ann. §15-51-20, to recover for damages, injuries, and losses sustained by reason of the wrongful

death of Cristina Pangalangan.

FOR A SECOND CAUSE OF ACTION

(Breach of Fiduciary Duty)

24. Plaintiff incorporates herein and realleges, as if fully set forth in this paragraph,

all of the prior allegations.

25. A social worker or case manager acting on behalf of DSS has a fiduciary duty

created by the special relationship between the social worker and the minor plaintiff.

26. Defendants owe a fiduciary duty to the individuals over whom it exercises

supervision or restraint.

27. Defendants breached its fiduciary duty to the minor plaintiff by the conduct

above-listed and by permitting such conduct to occur.

28. Defendants’ breaches of its fiduciary duty to the minor Plaintiff has caused

damage.

29. Defendant’s breached were the proximate cause of the damage to the minor

Plaintiff entitling them to an award of actual damages to be awarded by a Jury.

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FOR A THIRD CAUSE OF ACTION
(Negligence Per Se)

30. Plaintiff incorporates herein and realleges, as if fully set forth in this paragraph,

all of the prior allegations.

31. Defendants are generally subject to the laws and regulations of the State of South

Caroling, specifically to the following:

a. S.C Code §63-7-20;

b. S.C Code §63-7-620;
c. S.C Code §63-7-640;
d. S.C Code §63-7-670;
e. S.C Code §63-7-680;
f. S.C Code §63-7-690;
g. S.C Code §63-7-700;
h. S.C Code §63-7-710; and
i. Human Services Policy and Procedure Manual.

32. Defendant’s failure to comply with applicable South Carolina Statutes and

regulations provided in the above-stated allegations directly caused injury to the Plaintiff.

33. Plaintiff is entitled to actual damages as a result of the conduct of the Defendants.

FOR A FOURTH CAUSE OF ACTION

(Survival Action)

34. Plaintiff incorporates herein and realleges, as if fully set forth in this paragraph,

all of the prior allegations.

35. As a direct and proximate result of the intentional acts of the Defendant as

outlined above, the Decedent Cristina Pangalangan suffered fear, physical pain and suffering,

mental and emotional distress and anguish in the time before her death and incurred medical

costs and funeral costs for which the Plaintiff is entitled to an award of actual and punitive

damages pursuant to S.C. Code Ann. § 15-5-90, in the amount to be determined by a jury at the

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trial of this action.

WHEREFORE, Plaintiff, respectfully prays for judgement against the Defendant for

actual damages, special damages, consequential damages, and punitive damages in an amount to

be determined by the jury at the trial of this action, for the costs and disbursements of this action

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

s/Karl Twenge
SC Bar No.: 71694
311 Carteret Street
Beaufort, SC 29902
Telephone: (843) 982-0100
Beaufort, SC [email protected]
August 3, 2021 Attorney for Plaintiff

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