ELECTRONICALLY FILED - 2024 Nov 11 10:51 AM - ANDERSON - COMMON PLEAS - CASE#2024CP0402357

STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS

COUNTY OF ANDERSON TENTH JUDICIAL CIRCUIT

Rebecca Maness, as Personal

vs.
PETITION FOR APPROVAL OF
WRONGFUL DEATH AND SURVIVAL
SETTLEMENT AGREEMENT
Deputy Matthew G. Davis,
Deputy Kenneth D. Lollis,
Chad McBride, in his official capacity as the
Sheriff of Anderson County and The
Anderson County Sheriff's Office,

Respondents.

I, Rebecca Maness, as Personal Representative of the Estate of Robert Allen Maness,

would respectfully move the Court for an Order approving the settlement reached in connection

with this matter as set forth below:

I.

The undersigned has been duly appointed as the Personal Representative of the Estate of

Robert Allen Maness.

II.

On or about October 14, 2021, Robert Allen Maness was killed in an incident with

Officers of the Anderson County Sheriff’s Office in the County of Anderson, State of South

Carolina. The details of the incident are disputed by the parties.

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III.

A claim has been made on behalf of the Estate of Robert Allen Maness against the

Defendants for the personal injuries sustained in the aforesaid incident, to include any damages

for past medical expenses, pain and suffering, and all claims for damages under the South

Carolina Wrongful Death Statute and Survival Action from Robert Allen Maness’ injuries, as

well as claims arising under 42

U.S.C. §1983.

IV.

The Petitioner is informed and believes that the Defendants are insured through a policy

of insurance issued by American Southern Insurance Company with primary liability

coverage of

$300,000.00/$600,000.00 dollars.

V.

Because there are claims for conscious pain and suffering, the parties have agreed to

apportion an amount of $9,707.50 to the claims under the Survival Statute, S.C. Code Ann. § 15-

5-90.

VI.

Attorney John T. Gentry, III in Charleston, South Carolina, has been retained to represent

the undersigned and the Estate of Robert Allen Maness in the above-captioned case. An

investigation has been made of the facts and circumstances surrounding the incident and the

resulting injuries to Robert Allen Maness-the results of which are disputed by the parties-and the

undersigned has been fully advised of her rights and responsibilities as Personal Representative.
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There has been sought and obtained from the Defendants an offer of settlement whereby

Defendants have agreed to pay a total sum of Fifty Thousand and 00/100 ($50,000.00) Dollars in

full and final settlement of any and all claims for monetary damages which Rebecca Maness as

Personal Representative of the Estate of Robert Allen Maness may have arising out of the

aforesaid incident against Deputy Matthew G. Davis, Deputy Kenneth D. Lollis, Sheriff Chad

McBride, the Anderson County Sheriff's Office, Anderson County, and American Southern

Insurance Company.

VII.

Out of the total settlement of Fifty Thousand and 00/100 ($50,000.00), it is proposed that

the following be paid:

a. Attorney fees in the amount of $4,685.53 plus cost in the amount of $5,842.46 for a total of

$10,527.99 shall be paid John T. Gentry, III, Esquire in Charleston, South Carolina.

b. Petitioners have agreed to accept $29,764.51, as full and final settlement of all claims under the

Wrongful Death Act.

c. Petitioners have agreed to accept $9,707.50 as settlement of the Survival action.

d. The total amount of $39,472.01 is proposed to be paid to the Petitioner as Personal Representative

of the Estate of Robert Allen Maness in consideration for a full release of Deputy Matthew G. Davis,

Deputy Kenneth D. Lollis, Sheriff Chad McBride, the Anderson County Sheriff's Office, Anderson

County, and American Southern Insurance Company for any and all claims for monetary damages

which arose out of this incident.

VIII.

From the settlement proceeds of Fifty Thousand and 00/100 ($50,000.00) Dollars, the

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undersigned moves for the approval of the Court to pay for legal services rendered by John T.

Gentry, III in Charleston, South Carolina in the agreed amount of $4,685,53 plus cost of

$5,842.46 for a total amount of $10,527.99. The Petitioner is of the opinion that the total

attorney’s fees are fair and reasonable under the circumstances and reflects substantial and

fruitful efforts put forth by John T. Gentry, III, Esquire in Charleston, South Carolina, that such

fee should be approved by the Court, and that the undersigned, as Personal Representative for the

Estate of Robert Allen Maness, should be authorized to pay such sum out of the settlement

proceeds.

IX.

Upon approval by the Court of the proposed settlement in this action, the undersigned has

fully and carefully considered the aforesaid settlement offer made to her as Personal

Representative for the Estate of Robert Allen Maness, and has agreed to accept this offer of

monetary compensation.

X.

Upon approval by the Court of the proposed settlement in this action, the undersigned, as

Personal Representative of the Estate of Robert Allen Maness, prays that she be authorized to

execute a release prepared on behalf of the Estate of Robert Allen Maness, of the Defendants

Deputy Matthew

G. Davis, Deputy Kenneth D. Lollis, Sheriff Chad McBride, the Anderson County Sheriff's

Office, Anderson County, and American Southern Insurance Company, their heirs, executors,

administrators, personal representatives, successors, and assigns, a copy of which is attached

hereto.

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WHEREFORE, the undersigned prays:

1. That this Court approve the aforesaid settlement and authorize the undersigned as Personal

Representative of the Estate of Robert Allen Maness to consummate the settlement and to execute the

proper receipts and releases for all sums to be paid hereunder;

2. That this Court authorize and direct the Defendants to pay or have paid on their behalf, as set forth

herein, the total settlement proceeds of Fifty Thousand and 00/100 ($50,000.00) Dollars for settlement

of any and all other claims of the Estate of Robert Allen Maness or the Petitioner might have arising

out of the aforesaid incident; that the settlement proceeds be distributed as follows:

a. Attorney fees in the amount of $4,685.53 plus cost in the amount of $5,842.46 for a total of

$10,527.99 shall be paid John T. Gentry, III, Esquire in Charleston, South Carolina;

b. Petitioners have agreed to accept $29,764.51, as full and final settlement of all claims

under the Wrongful Death Act.

c. Petitioners have agreed to accept $9,707.50 as settlement of the Survival action.

Representative of the Estate of Robert Allen Maness in consideration for a full and final release for

any and all claims for monetary damages which arise out of the incident, including, but not limited to,

any and all claims for future monetary damages and all past and future monetary damages for pain and

suffering against Deputy Matthew G. Davis, Deputy Kenneth D. Lollis, Sheriff Chad McBride, the

Anderson County Sheriff's Office, Anderson County, and American Southern Insurance Company, and

dismissal of the pending action with prejudice.

[Attorney Signature Block on Following Page]

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Respectfully submitted,
JOHN T. GENTRY, III, L.L.C.

s/John T. Gentry, III

Signed in Charleston, South Carolina

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