This case was last updated from U.S. District Courts on 07/30/2022 at 06:12:47 (UTC).

Grassick et al v. Brookfield Properties Retail, Inc. et al

Case Summary

On July 19, 2022, Jane Doe 1 and Jane Doe 2, (collectively, “Plaintiffs”), represented by Gregory B. Collins and Vincent A. Sheheen of Savage Royall and Sheheen, filed a personal injury lawsuit against Brookfield Properties Retail, Inc. (“BPR”) and Andy Frain Services, Inc., (“Defendants”), seeking declaratory relief and damages for alleged severe injuries suffered by Plaintiffs. This case was filed in the U.S. District Court for the District of South Carolina, with Judge Cameron McGowan Currie presiding. 

In the complaint, Plaintiffs stated, “BPR has at all times relevant hereto owned and operated Columbiana Centre Mall located at 100 Columbiana Circle, Columbia, South Carolina 29212, which is a retail shopping mall offering a variety of retail stores, restaurants, and other services to the public. BPR regularly advertises and solicits the general public to come and enjoy a shopping and/or dining experience at the Columbiana Centre mall which provides a wide array of shopping and dining options.”

The plaintiffs also stated, “BPR affirmatively promotes its facility as a safe and secure environment. To provide security at the Columbiana Centre mall, BPR retained the services of AFS as its security company on or about the premises of the Columbian Centre mall. AFS promotes and advertises its services to provide a safe and secure environment for the patrons of the Columbiana Centre mall.”

Plaintiffs alleged, “Defendants have taken heightened security measures at other similar facilities including increased signage, gun sniffing dogs, and other processes to control crime that they did not utilize at Columbiana Centre. Defendants refused to take appropriate measures to provide for the safety of its patrons, when they knew or should have known that a dangerous environment existed.”

The plaintiffs further alleged, “On the afternoon of April 16th, 2022, the Plaintiffs went shopping at the Columbiana Centre mall. Columbiana Centre, upon information and belief, hosted an Easter celebration which included the presence of an Easter Bunny, thereby creating a large amount of patrons to be present at the mall on the listed date. The event was promoted as a safe and family friendly event.”

Plaintiffs then alleged, “Plaintiffs were shopping within the Columbiana Centre mall on the above listed date and time, they heard numerous gunshots coming from numerous directions. The Plaintiffs attempted to duck and cover, but Jane Doe 1 suffered a gunshot wound resulting in severe damage to her health and emotional well-being. Jane Doe 2 suffered a grazing wound from a bullet as well.”

Plaintiffs also alleged, “The resulting chaos caused by the shooting created even more fear and trauma for the Plaintiffs. Plaintiffs have suffered severe and life altering injuries both physical and mental. Some of which resulted in hospitalization, surgeries, rehabilitation, and life altering damages to the body and mental wellbeing.”

The plaintiffs then alleged, “Despite the large turnout for the Easter event at Columbiana Centre on the day of the shooting, the only immediate offer of care for the Plaintiffs was provided by a retail associate of one of the tenants of the Defendant BPR. On April 16th, 2022, both Plaintiffs were business invitees upon the premises and were owed a duty of care to keep the premises safe and secure.”

Plaintiffs listed one claim for relief including claims for Defendant’s alleged negligence, gross negligence and recklessness. 

In the prayer for relief, Plaintiffs requested for a judgment granting declaratory relief. Plaintiffs also requested for an award for damages with costs of litigation.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:22-CV-02306

  • Filing Date:

    07/19/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

Judge Details

Presiding Judge

Cameron McGowan Currie

 

Party Details

Plaintiffs

Jane Doe 1

Jane Doe 2

Defendants

Brookfield Properties Retail, Inc.

Andy Frain Services, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Vincent A Sheheen

Attorney at Savage Royall and Sheheen

Po Drawer 10

Camden, SC 29020

Gregory Brian Collins

Attorney at Savage Royall and Sheheen

Po Drawer 10

Camden, SC 29020

 

Court Documents

#1

(#1) COMPLAINT against Andy Frain Services, Inc., Brookfield Properties Retail, Inc. (Filing fee $402 receipt number ASCDC-10598418) filed by Jane Doe 2, Jane Doe 1. Service due by 10/17/2022(cbru, ) (Entered: 07/19/2022)

#3

(#3) Local Rule 26.01 Answers to Interrogatories by Jane Doe 1, Jane Doe 2.(cbru, ) (Main Document 3 replaced on 7/20/2022) (cbru, ). (Entered: 07/19/2022)

#4

(#4) Summons Issued as to Andy Frain Services, Inc., Brookfield Properties Retail, Inc. (cbru, ) (Entered: 07/19/2022)

#7

(#7) Amended Local Rule 26.01 Answers to Interrogatories by Jane Doe 1.(Sheheen, Vincent) (Entered: 07/21/2022)

 

Docket Entries

  • 07/21/2022
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  • Docket(#7) Amended Local Rule 26.01 Answers to Interrogatories by Jane Doe 1.(Sheheen, Vincent) (Entered: 07/21/2022)

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  • 07/20/2022
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  • Docket(#6) TEXT ORDER: Plaintiffs' response to Local Civil Rule Interrogatory 26.01(D) filed as ECF No. #3 is not properly responsive to the inquiry. These parties are directed to file an amended response to the inquiry within three business days of entry of this order. (Supplement due by 7/25/2022) Signed by Honorable Cameron McGowan Currie on 7/20/2022. (cbru, ) (Entered: 07/20/2022)

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  • 07/20/2022
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  • Docket(#5) TEXT ORDER: Plaintiffs have filed this case as "Jane Doe 1 and Jane Doe 2." Plaintiffs note in their Complaint "[t]his action has been filed under pseudonym per the redaction rules due to both plaintiffs being victims of a violent crime involved in this matter." ECF No. #1 . This is insufficient under Fed. R. Civ. P. 10(a). Plaintiffs must seek and receive permission from the court to proceed anonymously. See James v. Jacobson, 6 F.3d 233, 238 (4th Cir. 1993). By August 1, 2022, Plaintiffs shall either file an amended complaint in their true names or a motion to proceed anonymously. "A plaintiff seeking to proceed anonymously must show that [she] has a substantial privacy right that outweighs the customary and constitutionally-embedded presumption of openness in judicial proceedings." Richard S. v. Sebelius, C/A No. 3:12-cv-00007-TMC, 2012 WL 1909344, at *1 (D.S.C. May 25, 2012). (Amended Complaint/Motion due by 8/1/2022) Signed by Honorable Cameron McGowan Currie on 7/20/2022. (cbru, ) (Entered: 07/20/2022)

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  • 07/19/2022
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  • Docket(#4) Summons Issued as to Andy Frain Services, Inc., Brookfield Properties Retail, Inc. (cbru, ) (Entered: 07/19/2022)

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  • 07/19/2022
  • View Court Documents
  • Docket(#3) Local Rule 26.01 Answers to Interrogatories by Jane Doe 1, Jane Doe 2.(cbru, ) (Main Document 3 replaced on 7/20/2022) (cbru, ). (Entered: 07/19/2022)

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  • 07/19/2022
  • View Court Documents
  • Docket(#1) COMPLAINT against Andy Frain Services, Inc., Brookfield Properties Retail, Inc. (Filing fee $402 receipt number ASCDC-10598418) filed by Jane Doe 2, Jane Doe 1. Service due by 10/17/2022(cbru, ) (Entered: 07/19/2022)

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