Lawsuit Filed Against Hook & Barrel
Lawsuit Filed Against Hook & Barrel
Lawsuit Filed Against Hook & Barrel
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.
Tiffany Buddington and Kevin Buddington (hereinafter “Mrs. Buddington” and “Mr.
Group, Inc., d/b/a Hook & Barrel (hereinafter “Defendant”), would respectfully show unto the
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.
1
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
2
ELECTRONICALLY FILED - 2024 Aug 29 10:45 AM - HORRY - COMMON PLEAS - CASE#2024CP2605927
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
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
10. That while visiting Defendant’s restaurant, Plaintiff Mrs. Buddington ordered a
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.
13. That the presence of a metal bobby pin in a bowl of She Crab soup renders said
3
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
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,
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
17. The Plaintiffs re-alleges each and every allegation of paragraphs 1-16 hereinabove
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
19. The Defendant and its agents, servants and/or employees were negligent, reckless,
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;
4
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.
5
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
21. The Plaintiffs re-alleges each and every allegation of paragraphs 1-20 hereinabove
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
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.
25. The Plaintiffs re-allege each and every allegation of paragraphs 1-24 hereinabove
26. Defendant impliedly warranted that their food products, specifically their She Crab
6
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
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.
28. The Plaintiffs re-allege each and every allegation of paragraphs 1-27 hereinabove
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
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
31. The Plaintiffs re-allege each and every allegation of paragraphs 1-30 hereinabove
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.
7
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
Respectfully submitted,