THE 2018 WAHS BASEBALL MYRTLE BEACH STORY – “State Law Claims COUNT X – NEGLIGENCE PER SE Plaintiff v. All Defendants”

Photo: Myrtle Beach Police Department image (top left)

Horry County Solicitor’s Office image (top right)

Atlantica Resort room image (bottom)

A previous, multi-part series of articles was published on this website with results of a more than 18-month long investigation by Talk Williamsport.com.

This story is graphic and contains details related to multiple indecent sexual assaults.

The author and editor of this story have made the editorial decision to not publish the names of the individuals under the age of 18 at the time of the incident who have been clearly identified as committing these acts in this case; even though they have been formally charged with a crime in South Carolina.

A Baseball Story In The Birthplace Of Little League Baseball

IF NOTHING HAPPENED IN MYRTLE BEACH

WHY WON’T THE WASD TELL US THE STORY?

THE 2018 WAHS BASEBALL MYRTLE BEACH STORY –

State Law Claims

COUNT X – NEGLIGENCE PER SE

Plaintiff v. All Defendants

By Todd Bartley, Talk Williamsport

News@talkwilliamsport.com

The following article is the sixteenth a series based upon the recent First Amended Complaint filed in Federal Court by the attorneys for John Doe #1; who was indecently sexually assaulted during the Williamsport Area High School Baseball Team trip in Myrtle Beach, South Carolina in the spring of 2018.

From the Complaint;

From the First Amended Complaint filed on Thursday, May 11, 2023.

223. Plaintiff incorporates herein by reference the preceding paragraphs of this Complaint the same as if fully set forth hereinafter.

224. Defendants, individually, derivatively, and in concert with each other, engaged in the aforementioned conduct, which would constitute violations of Pennsylvania criminal statutes prohibiting Unsworn Falsification (18 Pa.C.S. § 4904), and/or Tampering with Evidence (18 Pa.C.S. § 4910), and/or Intimidation of Witnesses (18 Pa.C.S. § 4952), and/or Obstructing Administration of Law (18 Pa.C.S. § 5101), and/or Official Oppression (18 Pa.C.S. § 5301).

225. Defendants, individually, derivatively, and in concert with each other, engaged in the aforementioned conduct, which would constitute violations of 23 Pa.C.S. § 6311 and the Educator Discipline Act, 24 P.S. § 2070.1 et seq.

226. Defendants’ violations constitute negligence per se under Pennsylvania law.

227. Defendants’ negligent, reckless, and/or intentional failures to report criminal acts allowed the dissemination of videos of Plaintiff’s abuse, which enabled others at WAHS and in the Williamsport community to view said videos, causing Plaintiff to be subject to ridicule, harassment, and bullying and the other injuries and damages described herein, as a result.

228. Defendants’ negligent, reckless, and/or intentional failures in investigating or responding to Plaintiff’s allegations of abuse caused Plaintiff the injuries and damages described above.

229. Such failure on part of Defendants was reckless, intentional, knowing, grossly negligent, deliberately and recklessly indifferent, outrageous, malicious, and/or was a reckless and conscious disregard for the safety of Plaintiff.

230. Defendants’ failures to report pursuant to their legal obligation under either Pennsylvania’s Child Protective Services Law (PCPSL), 23 § 6311(a) and (b) et seq. and/or the Educator Discipline Act, 24 P.S. §§ 2070.1 et seq. as well as the conduct which would violate the criminal laws of the Commonwealth of Pennsylvania proximately caused the harm to Plaintiff and the injuries and damages described above.

WHEREFORE, Plaintiff demands judgment against Defendants WASD, LC, Pardoe, Freed, McCann, Miller, Holland, Weber, and John Does 1-20 in a sum more than Seventy-Five Thousand ($75,000.00) Dollars, and in excess of the prevailing arbitration limits, in compensatory damages and punitive damages, exclusive of pre-judgment interest, post-judgment interests and costs.

“COUNT XI – CIVIL CONSPIRACY, Plaintiff v. All Defendants” in this series, is forthcoming.