ELECTRONICALLY FILED - 2019 Jan 15 3:54 PM - HORRY - COMMON PLEAS - CASE#2019CP2600216

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

)
COUNTY OF HORRY ) CASE NO.: 2019-CP-_____________
)
Angela Holland, )
)
Plaintiff, )
)
vs. ) SUMMONS
)
Bloomin’ Brands, Inc. d/b/a )
Outback Steakhouse, Outback )
Steakhouse of Florida, LLC, and )
OSI Restaurant Partners, LLC )
)
Defendants. )
)
TO THE DEFENDANT(S) ABOVE-NAMED:

YOU ARE HEREBY SUMMONED AND REQUIRED to answer the Complaint in this

action, of which a copy is herewith served upon you, and to serve a copy of your Answer to said

Complaint on the below subscribed attorney at his office at 4728 Jenn Drive, Suite 102, Myrtle

Beach, South Carolina, 29577, 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, the Plaintiff in

this action will apply to the Court for the relief demanded in this action.

SANSBURY LAW FIRM, LLC

s/Robert Sansbury____________
Robert R. Sansbury, III
Attorney for Plaintiff
4728 Jenn Drive, Suite 102
Myrtle Beach, SC 29577
(843) 315-9945 phone
(866) 842-8011 facsimile
Robert@sansburylaw.com

Dated: 1/15/19
 ELECTRONICALLY FILED - 2019 Jan 15 3:54 PM - HORRY - COMMON PLEAS - CASE#2019CP2600216
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
)
COUNTY OF HORRY ) CASE NO.: 2019-CP-_____________
)
Angela Holland, )
)
Plaintiff, )
)
vs. ) COMPLAINT
)
Bloomin’ Brands, Inc. d/b/a )
Outback Steakhouse, Outback )
Steakhouse of Florida, LLC, and )
OSI Restaurant Partners, LLC ) JURY TRIAL DEMANDED
)
Defendants. )
)

The Plaintiff above-named, by and through the undersigned attorneys, alleges

and shows as follows:

1. Plaintiff is a citizen and resident of the County of Carlisle, State of Kentucky.

2. Upon information and belief, Defendant Bloomin’ Brands, Inc. d/b/a Outback

Steakhouse is a corporation existing under the laws of Delaware, with its principal place of

business in Florida, doing business in and under the laws of the State of South Carolina. Upon

further information and belief, Defendant Outback Steakhouse of Florida, LLC is a limited liability

company existing under the laws of Florida, doing business in and under the laws of the State of

South Carolina. Upon further information and belief, Defendant OSI Restaurant Partners, LLC

is a Delaware limited liability company, doing business in and under the laws of the State of South

Carolina. Defendants are all hereinafter collectively referred to as “Outback”.

3. Outback owns, operates, and controls the 1721 Hwy 17 N, North Myrtle Beach,

South Carolina Outback where the incident in question occurred on July 4, 2018.

4. Outback is vicariously liable for the actions of its agents and employees under the

doctrine of respondeat superior who owed a duty to search for, discover, warn against, and repair
 ELECTRONICALLY FILED - 2019 Jan 15 3:54 PM - HORRY - COMMON PLEAS - CASE#2019CP2600216
defective conditions discovered in the Outback in question, such as the hazardous condition which

is the subject of this lawsuit.

5. At all times relevant herein, all Outback employees were acting in the course

and scope of employment.

6. On or about July 4, 2018, Plaintiff was an invitee, lawfully on property

owned and maintained by Defendant Outback, specifically the Outback located at 1721 Highway

17 North, North Myrtle Beach, South Carolina, in Horry County.

7. On or about July 4, 2018 Plaintiff was at Outback when she ordered a sweet potato.

Plaintiff began eating her sweet potato and swallowed a shard of glass, resulting in injuries,

medical treatment and damages.

8. That the Outback manager, Sarah Fores, stated to Plaintiff that she had determined

that the glass shard in Plaintiff’s sweet potato most likely came from the glass jars that the brown

sugar was kept in underneath the heat lamps in the restaurant kitchen.

9. That the injuries and damages sustained were directly and proximately

caused by the following negligent, reckless, willful and grossly negligent acts of Defendant, all in

violation of the statutes and common laws of the State of South Carolina, combining and

concurring in:

a. Failing to properly maintain and inspect the Outback, specifically

the food and food preparation areas;
b. Storing brown sugar in fragile, glass jars, underneath heat lamps;
c. Failing to warn customers and invitees of the hazardous conditions
of the food of the Outback restaurant;
d. Failing to fix the problems with the food after Defendants knew or
should have known of the presence of the hazard, to wit a shard of
glass;
e. Failing to use due care as a reasonable manager, agent, employee
and corporation should, under the circumstances then and there
prevailing;

All of which were a violation of duties Defendant owed to the Plaintiff and other customers
 ELECTRONICALLY FILED - 2019 Jan 15 3:54 PM - HORRY - COMMON PLEAS - CASE#2019CP2600216
and invitees, and were the direct and proximate cause of the Plaintiff’s injuries and damages as set

forth more fully below, said acts being in violation of the laws of the State of South Carolina.

10. That as a direct and proximate result of the aforesaid negligent; reckless,

willful, and grossly negligent acts of the Defendant, Plaintiff:

a. Suffered and continues to suffer injuries and damages;

b. Incurred and will continue to incur medical expenses related to the injuries
caused by the Defendants;
c. Suffered and continues to suffer physically and mentally;.
d. Suffered and continues to suffer mental anguish and emotional distress;
e. Suffered and continues to suffer a loss of enjoyment of life; and,
f. Suffered and continues to suffer other damages to be proven at trial;

WHEREFORE, the Plaintiff prays unto this Honorable Court for a judgment against

Defendants, jointly and severally, for an award of actual and punitive damages in an amount not

to exceed $74,900, pre-judgment interest, post-judgment interest, for the costs of bringing this

action, and for any further relief that the Court deems just, equitable, and proper.

SANSBURY LAW FIRM, LLC

s/Robert Sansbury________________
Robert R. Sansbury, III
Attorney for Plaintiffs
4728 Jenn Drive, Suite 102
Myrtle Beach, SC 29577
(843) 315-9945 phone
(866) 842-8011 facsimile
Robert@sansburylaw.com
Dated: 1/15/19