Jonathan Gomez V Better Brands Lawsuit

ELECTRONICALLY FILED - 2021 Jan 22 8:36 AM - HORRY - COMMON PLEAS - CASE#2021CP2600329
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

) FOR THE FIFTEENTH JUDICIAL CIRCUIT
COUNTY OF HORRY )
) Case No.: 2021-CP-26-________________
Jonathan Gomez, )
)
Plaintiff, ) SUMMONS
v. )
)
Better Brands, Inc., )
)
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 subscriber at 783 Sandy Lane, Surfside Beach, South Carolina 29575 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/ Jeffrey D. Morris_______________

Jeffrey D. Morris: SC Bar No.: 102081
Ian A. Taylor: SC Bar No.: 81410
Attorneys for Plaintiff
PO Box 14724
Surfside Beach, South Carolina 29587
Tel: 843-232-0944
Fax: 843-238-1082
[email protected]
Surfside Beach, South Carolina

January 22, 2021
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
) FOR THE FIFTEENTH JUDICIAL CIRCUIT
COUNTY OF HORRY )
) Case No.: 2021-CP-26-________________
Jonathan Gomez, )
)
Plaintiff, ) COMPLAINT
v. ) (Jury Trial Demanded)
)
Better Brands, Inc., )
)
Defendant. )
______________________________)
Comes Now, Jonathan Gomez (hereinafter referred to as “Plaintiff”), complaining of Better
Brands, Inc. (hereinafter referred to as “Defendant”), would respectfully show unto the Court the
following;
PARTIES
1. Plaintiff is a citizen and resident of Horry County, South Carolina.
2. The Defendant is a South Carolina corporation registered with the State of South Carolina
Secretary of State and primarily conducting business in Horry County, South Carolina.
VENUE AND JURISDICTION
3. Venue and jurisdiction are proper because Defendant is a resident of Horry County, South
Carolina, and because Plaintiff’s claims arise under South Carolina law.
FACTS
4. Plaintiff was formerly employed by Defendant in the loading department.
5. In November of 2020, Plaintiff was injured while working in his capacity as an employee
for Defendant.
6. Plaintiff alleged a work injury while working in his capacity as an employee for Defendant.
Plaintiff later went to a physician, who diagnosed him with a work-related injury and provided
Plaintiff with work restrictions based on his injury(s).
7. Upon Plaintiff informing Defendant of the injury and work restrictions, and filling out
Defendant’s worker’s compensation paperwork, pursuant to South Carolina’s Workers’
Compensation Law, S.C. Code Ann. § 41-1-80, et. seq., he was terminated from employment with
Defendant.
8. Despite knowledge of Plaintiff’s workers compensation claim and restrictions associated
with such, Defendant allowed Wayne Schleuning to terminate Plaintiff from his employment with
Defendant on November 24, 2020 in direct retaliation for filing a workers compensation claim
with Defendant.
FOR A FIRST CAUSE OF ACTION

(Violation of S.C. Code Ann. § 41-1-80, et seq. – Workers’ Compensation Retaliation)
9. The Plaintiff re-alleges and incorporates all allegations contained herein as if set forth
verbatim.
10. Defendant, through its agents, servants, contractors, and/or employees, terminated Plaintiff
from his employment because of his lawful institution of a proceeding under the South Carolina
Workers’ Compensation Law, the facts of which allegations are articulated above, which is a
violation of S.C. Code Ann. § 41-1-80, et seq.
11. As the proximate result of Defendant’s willful violation of S.C. Code Ann. § 41-1-80,
Plaintiff is entitled to back pay and benefits, as well as reinstatement to his former position; further,
if reinstatement is impossible or inappropriate, Plaintiff is entitled to front pay and benefits.
FOR A SECOND CAUSE OF ACTION

(Negligent Hiring, Supervision and/or Retention)
12. The Plaintiff re-alleges and incorporates all allegations contained herein as if set forth
verbatim.
13. The above-described actions by Wayne Schleuning resulted from the carelessness and
negligence of Defendant, its agents, servants, employees, or other representatives, in hiring,
supervision, retaining, and failing to properly train its staff, including Schleuning.
14. Defendant has notice, or should have known, that its hiring and continued retention and
failure to supervise Schleuning would result in foreseeable actual harm to its staff, employees,
and other third persons, including Plaintiff.
15. As a direct and proximate result of the above-mentioned carelessness and negligence of
Defendant, Plaintiff suffered physical injuries, severe psychological injuries, including, but not
limited to, embarassment, humiliation, ostracism by friends, anxiety, grief, emotional distress,
physical stress, and other psychological injuries.
WHEREFORE, Plaintiff prays for actual, future, punitive and liquidated damages,
reinstatment, interest, attorney’s fees, costs, for a trial by jury, and for such other and further relief
as this Honorable Court shall deem just and proper.
Plaintiff requests a jury trial on all counts so triable.
MORRIS LAW, LLC
/S/ Jeffrey D. Morris_______________

Jeffrey D. Morris: SC Bar No.: 102081
Ian A. Taylor: SC Bar No.: 81410
Attorneys for Plaintiff
PO Box 14724
Surfside Beach, South Carolina 29587
Tel: 843-232-0944
Fax: 843-238-1082
[email protected]
Surfside Beach, South Carolina

January 22, 2021

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ELECTRONICALLY FILED - 2021 Jan 22 8:36 AM - HORRY - COMMON PLEAS - CASE#2021CP2600329

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

TO THE DEFENDANTS ABOVE NAMED:

MORRIS LAW, LLC

/S/ Jeffrey D. Morris_______________

Surfside Beach, South Carolina

Comes Now, Jonathan Gomez (hereinafter referred to as “Plaintiff”), complaining of Better

1. Plaintiff is a citizen and resident of Horry County, South Carolina.

VENUE AND JURISDICTION

4. Plaintiff was formerly employed by Defendant in the loading department.

Defendant’s worker’s compensation paperwork, pursuant to South Carolina’s Workers’

8. Despite knowledge of Plaintiff’s workers compensation claim and restrictions associated

FOR A FIRST CAUSE OF ACTION

violation of S.C. Code Ann. § 41-1-80, et seq.

if reinstatement is impossible or inappropriate, Plaintiff is entitled to front pay and benefits.

FOR A SECOND CAUSE OF ACTION

negligence of Defendant, its agents, servants, employees, or other representatives, in hiring,

and other third persons, including Plaintiff.

physical stress, and other psychological injuries.

as this Honorable Court shall deem just and proper.

Plaintiff requests a jury trial on all counts so triable.

MORRIS LAW, LLC

/S/ Jeffrey D. Morris_______________

Surfside Beach, South Carolina

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