ELECTRONICALLY FILED - 2024 Jan 08 6:55 PM - LEXINGTON - COMMON PLEAS - CASE#2024CP3200033

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

) ELEVENTH JUDICIAL CIRCUIT
COUNTY OF LEXINGTON )

C/A No.: 2024-CP-32-00033

Danyel Shavon Clory Leaverette, as
Personal Representative of the Estate of and
Leeya Janae Leaverette; and Gladys Clory,
individually and as Personal Representative
of the Estate of Cornelius Alexander Clory, AMENDED SUMMONS
Sr., (Jury Trial Demanded)

Plaintiffs,

v.

Henry’s of Cayce, Inc., d/b/a Henry’s

Restaurant and Bar,

Defendant.

TO THE ABOVE-NAMED THE DEFENDANT:

YOU ARE HEREBY SUMMONED and required to answer the complaint herein, a copy

of which is herewith served upon you, and to serve a copy of your answer to this complaint upon

the subscriber, as the address shown below, within thirty days after service hereof, exclusive of

the day of such service, and if you fail to answer the complaint, judgment by default will be

rendered against you for the relief demanded in the complaint.

Respectfully submitted,

s/ Phillip D. Barber
Richard A. Harpootlian (SC Bar No. 2725)
Phillip D. Barber (SC Bar No. 103421)
RICHARD A. HARPOOTLIAN, P.A.
1410 Laurel Street (29201)
Post Office Box 1090
Columbia, SC 29202
(803) 252-4848
(803) 252-4810 (facsimile)
[email protected]
 ELECTRONICALLY FILED - 2024 Jan 08 6:55 PM - LEXINGTON - COMMON PLEAS - CASE#2024CP3200033
[email protected]

ATTORNEYS FOR THE PLAINTIFFS

January 8, 2024
Columbia, South Carolina.

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STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
) FIFTH JUDICIAL CIRCUIT
COUNTY OF LEXINGTON )

Danyel Shavon Clory Leaverette, as C/A No.: 2024-CP-32-00033

Personal Representative of the Estate of and
Leeya Janae Leaverette; and Gladys Clory,
individually and as Personal Representative
of the Estate of Cornelius Alexander Clory,
Sr.,
AMENDED COMPLAINT
Plaintiffs, (Jury Trial Demanded)

v.

Henry’s of Cayce, Inc., d/b/a Henry’s

Restaurant and Bar,

Defendant.

Plaintiffs Danyel Shavon Clory Leaverette, as Personal Representative of the Estate of

Leeya Janae Leaverette, and Gladys Clory, individually and as Personal Representative of the

Estate of Cornelius Alexander Clory, Sr., by and through undersigned counsel, seek redress from

Defendant Henry’s of Cayce, Inc., doing business as Henry’s Restaurant and Bar, for wrongful

death, survival, and negligence claims to recover all actual and punitive damages allowed by law

and allege as follows:

PARTIES AND JURISDICTION

1. Decedent Leeya Janae Leaverette was a citizen of the State of South Carolina and

a resident of Lexington County. She was only 17 years old when she was killed. She was going

to graduate high school on May 30, 2024, and then attend college to become a pediatric nurse.

2. Plaintiff Danyel Shavon Clory Leaverette is the mother of the late Leeya Janae

Leaverette and the Personal Representative of her estate. She is a citizen of the State of South

Carolina and a resident of Lexington County.

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3. Decedent Cornelius Alexander Clory, Sr., was a citizen of the Commonwealth of

Virginia. He was the husband of Gladys Clory and grandfather of Leeya Janae Leaverette. He

was 68 years old when he was killed.

4. Plaintiff Gladys Clory is the wife of the late Cornelius Alexander Clory, Sr., and

the Personal Representative of his estate. She is a citizen of the Commonwealth of Virginia. She

was a passenger and the sole survivor in the vehicle occupied by Ms. Leaverette and Mr. Clory

when they were killed.

5. Defendant Henry’s of Cayce, Inc., doing business as Henry’s Restaurant and Bar,

is a corporation incorporated under the laws of South Carolina with its principal place of business

in Lexington County, South Carolina.

6. The Court has jurisdiction over the subject matter of this action and over Defendant

pursuant to Article V, Section 11 of the South Carolina Constitution.

7. Venue is proper in Richland County pursuant to South Carolina Code §§ 15-7-

30(C), because the most substantial part of the acts giving rise to the causes of action herein

asserted occurred in Richand County.

FACTUAL ALLEGATIONS

8. At approximately 6 p.m. on September 15, 2023, Joshua Yarborough and Hunter

Meetze were patrons at Henry’s Restaurant and Bar at 2108 State St, Cayce, South Carolina. They

stayed there less than one hour but were overserved an excessive number of alcoholic beverages.

9. After having been served several alcoholic beverages in less than one hour, they

left Henry’s Restaurant and Bar in a grossly intoxicated state. Mr. Yarborough was driving, and

Mr. Meetze was his passenger.

10. While driving in a grossly intoxicated state shortly after leaving Henry’s Restaurant

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and Bar, and without obtaining or consuming any alcohol since leaving Henry’s Restaurant and

Bar, Mr. Yarborough rear-ended a gray Chevrolet Suburban on 12th Street in West Columbia, near

C Avenue. The collision caused only minor damage and no injuries.

11. But after rear-ending the Suburban, Mr. Yarborough drove around it and fled down

12th Street at a high rate of speed to flee the scene of the collision.

12. While continuing to accelerate to flee the scene of the first collision, Mr.

Yarborough drunkenly crashed into the rear of a Hyundai sedan stopped at a red light at the

intersection of 12th Street and B Avenue.

13. The sedan was occupied by Mr. Clory, Ms. Clory, and Ms. Leaverette.

14. The sedan was at all relevant times operated in a lawful and prudent manner and in

no way contributed to the collision.

15. Mr. Yarborough’s speeding vehicle pushed the sedan across the intersection and

slammed it directly into a utility pole approximately 100 feet from the initial impact, causing

catastrophic damage. The sedan was pushed forward from the rear and the utility poll struck the

front center of the sedan.

16. It took more than two full seconds for Mr. Yarborough’s vehicle to push the sedan

across the intersection and into the utility pole. During that time, the occupants of the sedan saw

the utility pole speeding straight at them and experienced knowledge and fear of their own

imminent deaths.

17. The impact killed Mr. Clory and 17-year-old Ms. Leaverette. Ms. Clory was

severely injured and was transported to Prisma Hospital for treatment for a gash to her head

requiring 20 staples to close, pelvic fractures, and other injuries. She is currently receiving

physical therapy treatment for her pelvic area.

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18. Police arrested Mr. Yarborough at the scene. He has been charged with felony

driving under the influence resulting in the deaths of the Plaintiffs’ decedents.

FOR A FIRST CAUSE OF ACTION

(Wrongful Death – Negligence/Negligence per se/Gross Negligence/Recklessness)

19. Plaintiffs incorporate each of the foregoing paragraphs as if set forth verbatim.

20. The collision and injuries suffered by Mr. Clory and Ms. Leaverette were the direct,

foreseeable, and proximate result of Defendant’s negligent, grossly negligent, and reckless conduct

in one or more of the following particulars:

a. Serving an excessive number of alcoholic beverages to Mr. Yarborough

in less than one hour;

b. Allowing him to purchase and consume alcoholic beverages

notwithstanding his intoxicated condition;

c. Continuing to serve him alcoholic beverages such that he became

grossly intoxicated;

d. Continuing to serve him alcoholic beverages after Defendant’s

employees/agents knew or should have known he was grossly

intoxicated;

e. Failing to adequately hire, train, and supervise Defendant’s employees

and agents tasked with serving alcohol;

f. Violating South Carolina Code § 61-4-580; and

g. In such other particulars as may be shown through discovery.

21. Defendant’s willful and conscious disregard for the safety of the public and for the

legal prohibition against overserving patrons exhibits gross negligence and willful, wanton, and

reckless conduct.

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22. Further, Defendant’s reckless conduct was motivated by money.

23. Further still, Defendant’s was negligent per se in that it violated South Carolina

Code § 61-4-580.

24. Mr. Clory and Ms. Leaverette’s deaths were the direct and proximate result of

Defendant’s negligence, negligence per se, gross negligence, and recklessness.

25. Plaintiffs, on behalf of the decedents’ statutory beneficiaries, are entitled to recover

all damages, present and prospective, suffered as a result of decedents’ wrongful deaths, including

pecuniary loss, mental shock and suffering, wounded feelings, grief and sorrow, loss of

companionship, and deprivation of the use and comfort of decedents’ society.

26. Plaintiffs also incurred burial expenses and other out-of-pocket expenses as a result

of Defendant’s conduct.

27. By reason of the recklessness, willful, and wanton conduct of Defendant as set forth

above, Plaintiffs are also entitled to an award of punitive damages sufficient to impress upon

Defendant the seriousness of its actions and deter similar conduct in the future.

FOR A SECOND CAUSE OF ACTION

(Survival – Negligence/Negligence per se/Gross Negligence/Recklessness)

28. Plaintiffs incorporate each of the foregoing paragraphs as if set forth verbatim.

29. Between the time the collision occurred and the time of their deaths, Mr. Clory and

Ms. Leaverette suffered extreme conscious pain and suffering, mental anguish, distress, and shock

from the collision.

30. Plaintiffs, as Personal Representatives of their estates, are entitled to judgment

against Defendant in an amount sufficient to compensate the estates for damages suffered during

decedents’ survival.

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31. By reason of the reckless, willful, and wanton conduct of Defendant as set forth

above, Plaintiffs are also entitled to an award of punitive damages sufficient to impress upon

Defendant the seriousness of its actions and to deter similar conduct in the future.

FOR A THIRD CAUSE OF ACTION

(Negligence/Negligence per se/Gross Negligence/Recklessness)

32. Plaintiffs incorporate each of the foregoing paragraphs as if set forth verbatim.

33. Plaintiff Gladys Clory is entitled to judgment against Defendant in an amount

sufficient to compensate her for the serious injury, mental anguish, shock, and distress she suffered

from the collision.

34. By reason of the reckless, willful, and wanton conduct of Defendant as set forth

above, Plaintiff Gladys Clory is also entitled to an award of punitive damages sufficient to impress

upon Defendant the seriousness of its actions and deter similar conduct in the future.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray for judgment against Defendant in this matter in a sum

sufficient to adequately compensate them for actual damages suffered, punitive damages sufficient

to impress upon Defendant the seriousness of its conduct, the costs of this action, and such other

and further relief as the Court may deem just and proper.

JURY TRIAL DEMANDED

Plaintiffs respectfully demand a trial by jury on all claims so triable.

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Respectfully submitted,

s/ Phillip D. Barber
Richard A. Harpootlian (SC Bar No. 2725)
Phillip D. Barber (SC Bar No. 103421)
RICHARD A. HARPOOTLIAN, P.A.
1410 Laurel Street (29201)
Post Office Box 1090
Columbia, SC 29202
(803) 252-4848
(803) 252-4810 (facsimile)
[email protected]
[email protected]

ATTORNEYS FOR THE PLAINTIFFS

January 8, 2024
Columbia, South Carolina.