My client, a Greenville County Sheriff’s Deputy, was conducting a routine patrol and perimeter check at a large apartment complex construction site located in the Sans Souci neighborhood of Greenville when he and two other uniformed deputies encountered a suspicious vehicle parked deep within the unfinished project. The construction site was owned, operated, and controlled by multiple construction entities. The deputies, dressed in full Greenville County Sheriff’s Office uniforms and using flashlights, approached the vehicle while identifying themselves as law enforcement officers.
As the deputies approached, the vehicle suddenly accelerated through the construction site. Despite commands to stop, the driver, later identified as an illegal immigrant, opened fire on the deputies. One of the rounds struck my client in the leg, shattering his femur.
The evidence developed during litigation established that the night watchman had been hired to perform armed security services at the construction site despite having no prior security experience, no meaningful training, limited or no ability to communicate in English, and no legal authorization to possess a firearm. The plaintiffs contended that the various construction entities failed to exercise reasonable care in selecting, training, supervising, and outfitting armed security personnel for the site. The evidence further showed that his vehicle bore no markings identifying him as security personnel and that no warnings or notice had been provided to local law enforcement that an armed night watchman would be patrolling the property.
My client was transported emergently to Greenville Memorial Hospital after suffering a catastrophic gunshot wound to his left thigh. Imaging revealed a displaced and angulated mid-shaft femur fracture with retained bullet fragments. He underwent emergency surgery involving retrograde intramedullary nailing of the femur and removal of bullet fragments. Over the following years, he endured extensive physical therapy, chronic pain, gait abnormalities, numbness, weakness, ongoing orthopedic complications, and psychological injuries including post-traumatic stress disorder, anxiety, insomnia, and depression. The injuries ultimately affected both his law enforcement career and daily life.
We successfully argued that the shooting and resulting injuries were foreseeable consequences of placing an untrained and improperly vetted armed security guard in charge of overnight security at a large construction site without appropriate policies, supervision, communication procedures, or safeguards. The case resolved before trial for a total settlement of $3.325 million.
It was a privilege to be able to represent my client during this incredibly difficult period of his life. I’m grateful for the trust he placed in our firm, and am happy we were able to get him the justice he deserved.
