Lawsuit Filed Against Hook & Barrel

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ELECTRONICALLY FILED - 2024 Aug 29 10:45 AM - HORRY - COMMON PLEAS - CASE#2024CP2605927

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS


COUNTY OF HORRY ) FOR THE 15TH JUDICIAL CIRCUIT
) CASE NO.: 2024-CP-26-______
)
TIFFANY BUDDINGTON and KEVIN )
BUDDINGTON, )
)
Plaintiffs, ) SUMMONS
v. )
)
HEIDI’S CORNER RESTAURANT )
GROUP, INC., d/b/a HOOK & BARREL, )
)
Defendant. )
_______________________________

TO THE DEFENDANT 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 subscriber at 11054 Highway 707, Murrells Inlet, South Carolina 29576 within
thirty (30) days after the service hereof, exclusive of the day of such service; and, if you fail to
appear and defend by filing an Answer to the Complaint within the time aforesaid, judgment by
default will be rendered against you for the relief demanded in the Complaint.

MORRIS LAW, LLC

s/ Danny Lee Willard, Jr. _________


Danny Lee Willard, Jr., Esq.
S.C. Bar No.: 102406
Jeffrey D. Morris, Esq.
S.C. Bar No.: 102081
Attorneys for Plaintiff
Morris Law, LLC
PO Box 14724
Surfside Beach, South Carolina 29587
Tel: 843-232-0944
Fax: 843-238-1082
dw@jeffmorrislawfirm.com

Murrells Inlet, South Carolina


August 29, 2024
ELECTRONICALLY FILED - 2024 Aug 29 10:45 AM - HORRY - COMMON PLEAS - CASE#2024CP2605927
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
COUNTY OF HORRY ) FOR THE 15TH JUDICIAL CIRCUIT
) CASE NO.: 2024-CP-26-______
)
TIFFANY BUDDINGTON and KEVIN )
BUDDINGTON, )
)
Plaintiffs, ) COMPLAINT
v. ) (JURY TRIAL DEMANDED)

HEIDI’S CORNER RESTAURANT )


GROUP, INC., d/b/a HOOK & BARREL, )
)
Defendant. )
. )
_______________________________

Tiffany Buddington and Kevin Buddington (hereinafter “Mrs. Buddington” and “Mr.

Buddington” individually or “Plaintiffs” jointly), complaining of Heidi’s Corner Restaurant

Group, Inc., d/b/a Hook & Barrel (hereinafter “Defendant”), would respectfully show unto the

Court the following:

CASE SYNOPSIS

On September 21, 2023, Tiffany and Kevin Buddington were patrons at the

restaurant Hook & Barrel located at 8014 N. Kings Highway in Myrtle Beach, South Carolina.

Mrs. Buddington ordered a bowl of She Crab Soup. While eating her soup, Mrs. Buddington felt

a sharp, painful sensation in her throat and began to choke. Mr. Buddington quickly administered

the Heimlich maneuver on his wife, causing Mrs. Buddington to spit out a metal bobby pin. A

second, identical bobby pin was later discovered and surgically removed from her stomach.

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ELECTRONICALLY FILED - 2024 Aug 29 10:45 AM - HORRY - COMMON PLEAS - CASE#2024CP2605927
PARTIES

1. That, Plaintiff Tiffany Buddington, is a citizen and resident of Horry County, South

Carolina.

2. That, Plaintiff Kevin Buddington, is a citizen and resident of Horry County, South

Carolina.

3. That Defendant, Heidi’s Corner Restaurant Group, Inc., d/b/a Hook & Barrel

(hereinafter “Defendant Hook & Barrel” or “Defendant”), is a business incorporated under the

laws of South Carolina.

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VENUE AND JURISDICTION

4. That the incident which is the subject of this action occurred in Horry County, South

Carolina on or about September 21, 2023 (herein referred to as the “subject incident”).

5. That this Court has jurisdiction over the parties and the subject matter of this action.

6. That venue and jurisdiction are proper because the most substantial acts or

omissions giving rise to this Complaint occurred in Horry County, South Carolina.

7. The action brought against the herein named Defendant is brought to recover

damages for personal injuries and damages sustained by Plaintiffs.

FACTS

8. That, on or about September 21, 2023, Plaintiffs were business invitees for dinner

service at Defendant’s restaurant located at 8014 N. Kings Highway, Myrtle Beach, South Carolina

29572.

9. That Plaintiffs were business invitees on the premises and at all times relevant to

this action were on Defendant’s property with the express and/or implied permission of Defendant

and for the purpose of benefitting Defendant.

10. That while visiting Defendant’s restaurant, Plaintiff Mrs. Buddington ordered a

bowl of “She Crab Soup.”

11. That while eating said soup, Mrs. Buddington began to suddenly and violently

choke.

12. That Mr. Buddington was able to perform the Heimlich maneuver on Mrs.

Buddington, at which time she spat out a metal bobby pin.

13. That the presence of a metal bobby pin in a bowl of She Crab soup renders said

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ELECTRONICALLY FILED - 2024 Aug 29 10:45 AM - HORRY - COMMON PLEAS - CASE#2024CP2605927
soup injurious to health and therefore adulterated.

14. The aforesaid condition, the presence of a metal bobby pin in a bowl of She Crab

soup, constituted a hazardous, dangerous and/or defective condition.

15. Defendant either created the hazardous, dangerous, and/or defective condition, or

they had actual or constructive knowledge of the hazardous, dangerous, and/or defective condition,

and failed to correct it despite reasonable opportunity to do so.

16. As a result, Plaintiffs have incurred medical expenses, pain and suffering,

permanent disability and, anxiety, stress, embarrassment, and mental distress as a result of the acts

and/or omissions of Defendant.

FOR A FIRST CAUSE OF ACTION


(Negligence/Negligence Per Se/Gross Negligence)

17. The Plaintiffs re-alleges each and every allegation of paragraphs 1-16 hereinabove

and incorporates them herein by reference.

18. At all times relevant hereto, Defendant owed a duty to the general public, including

Plaintiffs, to ensure that all food served by it or its agent or servants was safe for consumption,

free of hazardous foreign objects, and prepared and served in accordance with all applicable state

and federal laws or regulations.

19. The Defendant and its agents, servants and/or employees were negligent, reckless,

and careless in one or more of the following particulars:

a. In permitting a foreign object to enter food prepared for and sold to Plaintiffs;
b. In permitting a foreign object to remain in food prepared for and sold to Plaintiffs;
c. In failing to remove a foreign object from food prepared for and sold to Plaintiffs;
d. In failing to inspect the food prepared for and sold to Plaintiffs to ensure it was safe
for human consumption;

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ELECTRONICALLY FILED - 2024 Aug 29 10:45 AM - HORRY - COMMON PLEAS - CASE#2024CP2605927
e. In failing to warn the Plaintiffs of the presence of a foreign object in their food;
f. In allowing a foreign object in the food prepared for and sold to Plaintiffs to be
camouflaged and/or otherwise unknown to Plaintiffs;
g. In failing to hire, employ or retain personnel sufficiently qualified to prepare handle
and/or serve food;
h. In failing to train and/or supervise their personnel to notice a foreign object in the
food they prepare, handle and/or serve to customers;
i. In failing to train and/or supervise their personnel to eliminate or remove foreign
objects from the food they prepare, handle and/or serve to customers;
j. In failing to properly train and/or supervise their personnel;
k. In allowing its employees to utilize tools and/or other pieces of equipment that
Defendant knew or should have known could shed foreign bodies into customer
meals;
l. In failing to have in place the proper policies, procedures and/or protocols
pertaining to food preparation;
m. In failing to have in place the proper policies, procedures and/or protocols
pertaining to the inspection of food sold to customers;
n. In failing to have in place the proper policies, procedures and/or protocols ensuring
the proper sure of equipment;
o. In failing to have in place the proper policies, procedures and/or protocols
pertaining to the maintenance of equipment and/or other items owned by
Defendant;
p. In failing to comply with the applicable laws, statutes and ordinances regulating the
standards of food fit for human consumption, including but not limited to the South
Carolina Food and Cosmetic Act; (S.C. Code Ann. § 39-25-10, et. seq.).
q. In failing to exercise the reasonable degree of care owed to Plaintiffs; and
r. In selling to Plaintiffs an adulterated meal with metal bobby pins concealed within
it.
s. In any such manner the Plaintiffs may discover through the discovery process or
trial.
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ELECTRONICALLY FILED - 2024 Aug 29 10:45 AM - HORRY - COMMON PLEAS - CASE#2024CP2605927
20. As a result of the negligence, recklessness, and carelessness of Defendant and its

agents, servants and/or employees, Plaintiffs suffered excruciatingly painful injuries and damages,

psychological pain, physical and mental suffering, emotional distress, and loss of enjoyment of

life, and thereby seriously impaired their health.

FOR A SECOND CAUSE OF ACTION


(Product Liability/Strict Liability)

21. The Plaintiffs re-alleges each and every allegation of paragraphs 1-20 hereinabove

and incorporates them herein by reference.

22. At all times material to the matters set forth in this Complaint, Defendant was

engaged in the business and practice of selling and distributing food products, specifically She

Crab Soup.

23. As a result, Defendant owed a duty to Plaintiffs and others to ensure that the foods

Defendant sold in its restaurant to Plaintiffs were fit for human consumption and was following

the applicable laws and statutes including, but not limited to the South Carolina Food and Cosmetic

Act (S.C. Code Ann. § 39-25-10, et seq).

24. As a further result, and foreign body or object present in Defendant’s food rendered

the food adulterated, dangerous, deleterious, or otherwise unfit for human consumption

constituting a breach of the above duties rendering Defendant strictly liable to Plaintiffs.

FOR A THIRD CAUSE OF ACTION


(Implied Warranty)

25. The Plaintiffs re-allege each and every allegation of paragraphs 1-24 hereinabove

and incorporate them herein by reference.

26. Defendant impliedly warranted that their food products, specifically their She Crab

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ELECTRONICALLY FILED - 2024 Aug 29 10:45 AM - HORRY - COMMON PLEAS - CASE#2024CP2605927
Soup, would be fit for human consumption or otherwise would not contain a foreign body or object

such as metal bobby pins.

27. Defendant breached this implied warranty by selling Plaintiffs a food product with

a foreign body or object in it which was adulterated, dangerous, deleterious or otherwise unfit for

human consumption.

FOR A FOURTH CAUSE OF ACTION


(Express Warranty)

28. The Plaintiffs re-allege each and every allegation of paragraphs 1-27 hereinabove

and incorporate them herein by reference.

29. Defendant expressly warranted that their food products, specifically, the She Crab

Soup referred to hereinabove, would be fit for human consumption or otherwise would not contain

any foreign body or object such as metal bobby pins.

30. Defendant breached this express warranty by selling to Plaintiffs a food product

with a foreign body or object in it which was adulterated, dangerous, deleterious and otherwise

unfit for human consumption.

FOR A FIFTH CAUSE OF ACTION


(Loss of Consortium)

31. The Plaintiffs re-allege each and every allegation of paragraphs 1-30 hereinabove

and incorporate them herein by reference.

32. As a result of the above-described acts of Defendants, Plaintiff Mr. Buddington will

suffer from the loss of companionship, aid, services and society of Plaintiff Mrs. Buddington.

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ELECTRONICALLY FILED - 2024 Aug 29 10:45 AM - HORRY - COMMON PLEAS - CASE#2024CP2605927
WHEREFORE, Plaintiffs would request an Order of the Court against Defendant granting

the relief sought in the Complaint, actual damages, punitive damages, consequential damages, pre-

judgment interest, attorneys’ fees, and costs, and for any such other and further relief as the Court

may deem just and proper.

Plaintiffs hereby demand a trial by jury.

Respectfully submitted,

MORRIS LAW, LLC

s/ Danny Lee Willard, Jr. _________


Danny Lee Willard, Jr., Esq.
S.C. Bar No.: 102406
Jeffrey D. Morris, Esq.
S.C. Bar No.: 102081
Attorneys for Plaintiff
Morris Law, LLC
PO Box 14724
Surfside Beach, South Carolina 29587
Tel: 843-232-0944
Fax: 843-238-1082
dw@jeffmorrislawfirm.com

Murrells Inlet, South Carolina


August 29, 2024

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