Horry County Police Department Requests Dismissal of Lawsuit Tied to Beach Death Incident
MYRTLE BEACH, Horry County — The Horry County Police Department is seeking the dismissal of a lawsuit filed in the wake of a tragic beach death that occurred earlier this year in June. The suit was lodged against the department following the unfortunate incident where a police officer’s vehicle struck a beachgoer, resulting in the woman’s death.
The Incident
On the ill-fated date of June 13, Sandra Schultz-Peters, a 66-year-old woman from Myrtle Beach, was hit near the Nash Street beach access by a full-sized vehicle being operated by a Horry County police officer. Schultz-Peters subsequently passed away due to the injuries sustained in the accident.
The Lawsuit
In response to this tragic event, Schultz-Peters’ family filed a wrongful death suit against the police department on June 28. The suit primarily cited negligence and inadequate supervision as the key factors responsible for this unfortunate incident. The 12-page complaint placed the onus securely on the police department, specifically singling out the now-retired beach patrol safety supervisor, Duke Brown, who was driving the vehicle involved in the accident.
Police Department’s Response
In a court response filed on August 21, attorneys representing the police department, Elloree A. Gaines and Evan M. Sobocinski, denied the accusations levied against the department and asserted that the officer was not to blame for Schultz-Peters’ death. The department’s legal team argued that even if negligence was perceived, it wasn’t the direct or proximate cause of the injuries sustained by Schultz-Peters. Accordingly, they have requested a judge to dismiss the suit and, furthermore, have asked for the award of legal fees associated with the case to the police department.
A Plea for Change
In the aftermath of this tragic incident, Tony Schultz, the deceased’s brother, has expressed his family’s intention to lobby for the introduction of a new legislation called “Safe Sands for Sandy.” This proposed law aims to ban the presence of full-sized emergency vehicles on beach areas to eliminate the risk of similar incidents happening in the future.
Calculated Damages
The lawyers representing the police department have also highlighted that any potential damages awarded from the lawsuit would be capped at $300,000. This statement is in alignment with the South Carolina Tort Claims Act, a law established in 1986 that restricts the maximum payout from government entities in civil claims.
This tragic event has underscored ongoing concerns about beach safety and the need to assess the appropriate use of full-sized emergency vehicles in beach areas to protect beachgoers’ safety.
