Reference no: EM133362283

draft ten interrogatories (only four may come from the standard interrogatories under the South Carolina Rules of Civil Procedure) and five requests for production that would be helpful in proving our case.
For purposes of discovery, let's assume the cause of action we have alleged in our complaint is one for negligence.
• Generally, to establish a cause of action in negligence under South Carolina law, a plaintiff must prove the following three elements: (1) a duty of care owed by defendant to plaintiff; (2) breach of that duty by a negligent act or omission; and (3) damage proximately resulting from the breach of duty.
• In terms of damages, the plaintiff is entitled to recover for all actual damages, present and prospective, including loss of time from employment, expense, bodily pain and mental anguish, which are the natural and probable consequences of the injury. Additionally, the plaintiff may recover for permanent disability and future discomfort, medical expenses past and future, loss of earning power on diminution of earning capacity, disfigurement, psychological trauma, and alteration of life style.
• If the tortfeasor's conduct is willful, wanton, or in reckless disregard for the rights of another, the plaintiff is entitled to recover punitive damages.

FACTS OF THE CASE
Mr. Shealy stated that on December 1, 2019, he was visiting his customer, Mr. Harry Stamper, at Mr. Stamper's oil rig located at Stamper's Oil Rig, Inc. in Richland County. While he was walking underneath an area Mr. Stamper had been working on, a large wrench fell from a pipe and fractured Mr. Shealy's skull. According to Mr. Shealy, Mr. Stamper ran up and yelled, "I am so sorry! This is exactly why our safety standards tell us not leave the wrenches on pipes."
Mr. Shealy claims that during his recovery Mr. Stamper told Mr. Shealy's other customers that the accident resulted because Mr. Shealy was incorrectly using his gym equipment. Mr. Stamper allegedly told one customer, "I would never buy gym equipment from a man who doesn't even know how to use it."
Mr. Shealy left the hospital on February 1, 2020, having accumulated $80,000 in medical bills. Additionally, he suffered lost wages of approximately $30,000, and claims that as a direct result of Mr. Stamper's comments, he has seen a 50% drop in sales since his discharge.
Mr. Shealy would like to recover damages for his medical bills, lost wages, lost business, and any other damages available to him. Please draft a complaint and the other appropriate paperwork needed to file this claim.
Client Information Mr. Samuel Shealy 35 Ross Avenue Columbia, SC 12345
Defendant(s) Information Mr. Harry Stamper Stamper's Oil Rig, Inc.
13 Armageddon Drive Columbia, SC 12345