Bonfire Smokin' Taqueria Fire Lawsuit

ELECTRONICALLY FILED - 2019 May 28 4:20 PM - HORRY - COMMON PLEAS - CASE#2019CP2603344
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

)
COUNTY OF HORRY ) Civil Action No.: ___________
______________________________________________________________________________
SELECTIVE WAY INSURANCE : SUMMONS

COMPANY a/s/o/ Smith & Courtney, Inc. :
d/b/a Rivertown Bistro :
40 Wantage Avenue :
Branchville, NJ 07890 :
Plaintiff :
:
v. :
:
ASHLEY, INC. :
11109 Highway 707 :
Murrells Inlet, SC 29576 :
:
ASHLEY, INC. d/b/a A&A Hood Systems :
Fabrication and Repair :
11109 Highway 707 :
:
Christopher A. Saylors :
rd
1002 3 Avenue South :
Myrtle Beach SC 29577 :
:
ABC Corporations 1-10 (unidentified fire :
suppression system installation companies) :
:
suppression system repair companies) :
:
John Does 1-10 (unidentified fire :
suppression system installation :
individuals) :
:
suppression system inspection, :
maintenance and repair individuals) :
:
Defendants :
______________________________________________________________________________
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED and required to answer the Complaint herein, a copy
of which is herewith served upon you, and to serve a copy of your Answer to this Complaint
upon the subscriber, at the address shown below, within thirty (30) days after service hereof,
exclusive of the day of such service, and if you fail to answer the Complaint, judgment by
default will be rendered against you for the relief demanded in the Complaint.
May _28_____, 2019 _s/Paul E. Hammack____________________

Paul E. Hammack, SC Bar #68501
Hammack Law Firm, P.A.
223 West Stone Avenue
Greenville, SC 29609
Telephone: 864-326-3333
paul@hammacklawfirm.com
Attorney for Plaintiff
2
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
)
COUNTY OF HORRY ) Civil Action No.: ___________
______________________________________________________________________________
SELECTIVE WAY INSURANCE : COMPLAINT

COMPANY a/s/o/ Smith & Courtney, Inc. :
d/b/a Rivertown Bistro : (Jury Trial Demanded)
40 Wantage Avenue :
Branchville, NJ 07890 :
Plaintiff :
:
v. :
:
ASHLEY, INC. :
11109 Highway 707 :
:
ASHLEY, INC. d/b/a A&A Hood Systems :
Fabrication and Repair :
11109 Highway 707 :
:
Christopher A. Saylors :
1002 3rd Avenue South :
Myrtle Beach SC 29577 :
:
suppression system installation companies) :
:
suppression system repair companies) :
:
suppression system installation :
individuals) :
:
suppression system inspection, :
maintenance and repair individuals) :
:
Defendants :
______________________________________________________________________________
3
CIVIL ACTION COMPLAINT
Plaintiff, Selective Way Insurance Company, by and through its undersigned counsel,
hereby brings this Complaint against Defendants, Ashley, Inc., Ashley, Inc. d/b/a A&A Hood
Systems and Fabrication and Repair and Christopher A. Saylors and upon information and belief
avers as follows:
PARTIES
1. Selective Way Insurance Company a/s/o Smith & Courtney, Inc. d/b/a Rivertown
Bistro (hereinafter, “Selective”) is a corporation organized and existing under and by virtue of
the laws of the State of New Jersey with its principal place of business located at 40 Wantage
Avenue, Branchville, NJ 07890. At all times material hereto, Selective was licensed to issue
insurance policies in the state of South Carolina.
2. Defendant, Ashley, Inc. (hereinafter, “Ashley”) is a business entity organized and
existing under and by virtue of the laws of the state of South Carolina with its principal place of
business located at 11109 Highway 707, Murrells Inlet, SC 29576.
3. Defendant, Ashley, Inc. d/b/a A&A Hood Systems Fabrication and Repair
(hereinafter, “A&A Hood”) is a business entity organized and existing under and by virtue of the
laws of the state of South Carolina with its principal place of business located at 11109 Highway
707, Murrells Inlet, SC 29576.
4. Defendant, Christopher A. Saylors, is an adult individual who is a citizen and
resident of South Carolina with a personal and/or business address at 1002 3rd Avenue South,
Myrtle Beach, SC 29577.
5. It is believed and averred that Defendant, Christopher A. Saylors, is the principal
owner of and does business as Ashley and A&A Hood.
4
6. Defendant, ABC Corporations 1-10 (unidentified fire suppression system
installation companies) are corporations, partnerships, sole proprietorships, unknown at this time,
which were responsible for the installation of the fire suppression system.
7. Defendant, ABC Corporations 1-10 (unidentified fire suppression system
inspection, maintenance and/or repair companies) are corporations, partnerships, sole
proprietorships, unknown at this time, which were responsible for the inspection, maintenance
and repair of the fire suppression system.
8. Defendants, John Does 1-10 (unidentified installers) are sole proprietors or
individuals, unknown at this time, which were responsible for installing the fire suppression
system.
9. Defendants, John Does 1-10 (unidentified fire suppression system inspection,
maintenance and repair individuals) are sole proprietors or individuals, unknown at this time,
which were responsible for inspecting, maintaining, and repairing the fire suppression system.
FACTUAL BACKGROUND
10. Selective’s insured, Smith and Courtney, Inc. d/b/a Rivertown Bistro (hereinafter,
“Rivertown Bistro”) owned and operated the Bonfire Smokin’ Taqueria restaurant (hereinafter,
“Bonfire Restaurant”) located at 110 Main Street, Conway, SC (hereinafter, “the Property”).
11. At all times material hereto, Selective insured the Bonfire Restaurant and its
contents and the business operated therein under policy number S-1901920 (hereinafter, “the
Policy”).
12. At all times material hereto, Ashley, A&A Hood and/or Chris Saylor were in the
business of designing, installing, servicing, testing, repairing, maintaining, inspecting and
cleaning commercial kitchen fire suppression systems.
5
13. At all times material hereto, Ashley, A&A Hood and/or Chris Saylor were in the
business of cleaning restaurant equipment, including equipment and components relating to
commercial kitchen fire suppression systems, such as exhaust hoods and duct work.
14. Rivertown Bistro retained Ashley, A&A Hood and/or Christopher Saylor to
design and install a commercial kitchen fire suppression system for a 48” Swig and Swine solid
fuel smoker (hereinafter, “the Smoker”) located at the Property.
15. In December of 2015, Ashley, A&A Hood and/or Christopher Saylor designed
and installed a Pyro Chem Kitchen Knight I commercial kitchen fire suppression system
(hereinafter, “the Suppression System”) for the Smoker at the Bonfire Restaurant.
16. After the initial installation of the Suppression System, Ashley, A&A Hood
and/or Christopher Saylors were responsible for inspecting, cleaning and maintaining the
Suppression System.
17. Additionally, Ashley, A&A Hood and/or Christopher Saylors were responsible
for inspecting and cleaning the exhaust and duct work for the Smoker.
18. On May 9, 2016, Ashley, A&A Hood and/or Christopher Saylors certified to
Rivertown Bistro that it cleaned the exhaust system for the Smoker.
19. On May 28, 2016, a fire (hereinafter, “the Fire”) originated at the Smoker and was
allowed to spread into the duct work above it and to other areas of the Property.
20. The Fire spread from the Smoker because of an accumulation of grease and
combustible materials inside the duct work.
21. The Suppression System did not operate because it was deficient, unsafe and not
compliant with NFPA 96, Standard for Ventilation control and Fire Protection of Commercial
6
Kitchen Operation (hereinafter, “NFPA 96”) or the Pyro Chem’s listing at the time of its
installation, its inspection and at the time of the Fire.
22. At the time the Suppression System was sold and installed Ashley, A&A Hood
and/or Christopher Saylors, defendants knew or should have known that it was inappropriate for
protection of the Smoker and its use for that application was a violation of the Pyro Chem UL
listing and NFPA 96.
23. As a result of the failure of the Suppression System to activate and the
accumulation of grease and combustible materials inside the exhaust and duct work for the
Smoker, the Fire was able to spread to and damage the Bonfire Restaurant and its contents.
24. As a direct and proximate result of the failures and deficiencies identified in the
preceding paragraphs, Rivertown Bistro sustained damage to its business and property in an
amount in excess of $835,000.00.
25. In accordance with the terms & conditions of the Policy issued to its insured,
Selective has made payments to, or on behalf of, Rivertown Bistro for damage incurred to its
business and property in an amount in excess of $835,000.00.
26. By virtue of its payments made to or on behalf of Rivertown Bistro, Selective is
now subrogated to Rivertown’s rights of recovery against Ashley, A&A Hood and/or
Christopher Saylors to the extent of payments made.
7
FIRST CAUSE OF ACTION
Plaintiff v. Ashley, Inc., Ashley Inc. d/b/a A&A Hood Systems Fabrication and Repair,
Christopher Saylor, ABC Corporations 1-10 (fire suppression system installation
companies) ABC Corporations 1-10 (fire suppression system inspection, maintenance
and/or repair companies), John Does 1-10 (fire suppression system installers) and John
Does 1-10 (fire suppression system inspection, repair and/or maintenance)
27. The foregoing averments of this Complaint are hereby incorporated by reference
as though fully set forth hereinafter.
28. Ashley, A&A Hood, Christopher Saylors, ABC Corporations 1-10 (fire
suppression system installation companies) ABC Corporations 1-10 (fire suppression system
inspection, maintenance and/or repair companies), John Does 1-10 (fire suppression system
installers) and/or John Does 1-10 (fire suppression system inspection, repair and/or maintenance)
had a duty to exercise reasonable care, control and supervision over its agents, employees, sub-
contractors and/or servants during the design, installation, inspection, testing, repair,
maintenance and service of the Suppression System protecting the Smoker.
had a duty to exercise reasonable care, control and supervision over its agents, employees, sub-
contractors and/or servants during the inspection and cleaning of the duct work associated with
the Smoker.
8
also had a duty to exercise reasonable care in connection with the installation, testing, inspection,
repair and maintenance of the Suppression System and the inspection and cleaning of the duct
work for the Smoker at the Bonfire Restaurant so as to protect against the risk of fire.
breached their duties of care and caused Plaintiff’s damages by:
a) failing to properly design the Suppression System at the Property;
b) failing to properly install the Suppression System at the Property;
c) failing to advise the Plaintiff’s insured that the Suppression System installed at the
Property was not listed for use as fire protection for natural fuel smokers;
d) failing to install an appropriate fire protection system for the natural fuel smoker;
e) failing to design, install, test, inspect, maintain and service the Suppression
System in accordance with NFPA 96, UL 300 and other industry standards;
f) failing to design, install, repair, test, inspect, maintain, service and repair the
Suppression System in accordance with state and local code;
g) improperly certifying that the Suppression System was safe, code compliant
and/or operational despite the fact that it could not adequately contain or suppress
a foreseeable fire originating within the Smoker;
h) failing to warn Rivertown Bistro and/or the Bonfire Restaurant that the
Suppression System was unsafe, inoperable and not compliant with the applicable
codes and NFPA standards;
i) improperly cleaning the exhaust duct work for the Smoker;
j) failing to remove a build-up of combustible grease and other materials from

within the Smoker and its duct work when it was cleaned in May 9, 2016;
9
k) failing to advise the Plaintiff’s insured that there was a build-up of combustible
grease and other materials within the duct work for the Smoker; and
l) failing to advise the Plaintiff that the Smoker and its duct work constituted an
unacceptable risk of fire to the Property.
32. The acts and omissions of actions described in the preceding paragraphs were
committed by the duly authorized agents, servants and/or employees of Ashley, A&A Hood,
Christopher Saylors, ABC Corporations 1-10 (fire suppression system installation companies)
ABC Corporations 1-10 (fire suppression system inspection, maintenance and/or repair
companies), John Does 1-10 (fire suppression system installers) and/or John Does 1-10 (fire
suppression system inspection, repair and/or maintenance), acting within the course and scope of
their agency and/or employment.
33. As a direct and proximate result of Ashley, A&A Hood, Christopher Saylors,
ABC Corporations 1-10 (fire suppression system installation companies) ABC Corporations 1-10
(fire suppression system inspection, maintenance and/or repair companies), John Does 1-10 (fire
suppression system installers) and/or John Does 1-10’s (fire suppression system inspection,
repair and/or maintenance) breaches of duty, Plaintiff’s insured, Rivertown Bistro, sustained
extensive damage to the Bonfire Restaurant and related property.
34. In accordance with the terms and conditions of the Policy issued to Rivertown
Bistro, Selective has made payments to, or on behalf of, Rivertown Bistro for the damages
incurred to its business and property in an amount in excess of $835,000.00.
35. By virtue of its payments made to or on behalf of its insured, Selective is now
subrogated to Rivertown Bistro’s rights of recover against Ashley, A&A Hood, Christopher
Saylors, ABC Corporations 1-10 (fire suppression system installation companies) ABC
Corporations 1-10 (fire suppression system inspection, maintenance and/or repair companies),
10
John Does 1-10 (fire suppression system installers) and/or John Does 1-10 (fire suppression
system inspection, repair and/or maintenance) to the extent of payments made.
WHEREFORE, Plaintiff demands judgment against Ashley, A&A Hood, Christopher
system inspection, repair and/or maintenance) in an amount in excess of $835,000.00, together
with interest, costs and such other relief as this Honorable Court deems just and proper under the
circumstances.
SECOND CAUSE OF ACTION
companies) ABC Corporations 1-10 (fire suppression system inspection, maintenance
and/or repair companies), John Does 1-10 (fire suppression system installers) and John
Does 1-10 (fire suppression system inspection, repair and/or maintenance) (Breach of
Warranty)
36. Plaintiff hereby incorporates all preceding paragraphs of this Complaint the same
as if fully set forth hereinafter.
held themselves out and represented to Rivertown Bistro and/or the Bonfire Restaurant as being
competent and qualified to design, install, inspect, service, test and maintain the Suppression
System for the Smoker.
11
held themselves out and represented to Rivertown Bistro and/or the Bonfire Restaurant as being
competent and qualified to inspect and clean the exhaust system and duct work for the Smoker.
39. Based on Ashley, A&A Hood, Christopher Saylors, ABC Corporations 1-10 (fire
installers) and/or John Does 1-10’s (fire suppression system inspection, repair and/or
maintenance) representations, Rivertown Bistro and/or the Bonfire Restaurant retained the
services of Ashley, A&A Hood, Christopher Saylors, ABC Corporations 1-10 (fire suppression
system installation companies) ABC Corporations 1-10 (fire suppression system inspection,
maintenance and/or repair companies), John Does 1-10 (fire suppression system installers)
and/or John Does 1-10 (fire suppression system inspection, repair and/or maintenance) to design,
install, inspect, service, test and maintain the Suppression System and to clean the exhaust
system and duct work for the Smoker.
through their individual or respective representations of competency, made certain implied
warranties that its services would be performed in a fit, workmanlike and competent manner.
12
41. Plaintiff’s insured, Rivertown Bistro and the Bonfire Restaurant justifiably relied
on the defendants’ representation of competency.
also expressly warranted that the Suppression System was tested and inspected in accordance
with NFPA 96.
43. At all times material hereto, Rivertown Bistro and/or the Bonfire Restaurant
performed all of the obligations and conditions present under the contractual agreement with
Ashley, A&A Hood, Christopher Saylors, ABC Corporations 1-10 (fire suppression system
installation companies) ABC Corporations 1-10 (fire suppression system inspection,
maintenance and/or repair companies), John Does 1-10 (fire suppression system installers)
and/or John Does 1-10 (fire suppression system inspection, repair and/or maintenance).
breached thier agreement with Rivertown Bistro and/or the Bonfire Restaurant and the expressed
and implied warranties related thereto by performing work under the contract without exercising
reasonable care, skill and ability under similar conditions and like surrounding circumstances as
would ordinarily be employed by others in the same profession.
13
further breached the agreement with Rivertown Bistro and/or the Bonfire Restaurant and the
expressed and implied warranties related thereto by failing to design, install, inspect, test and
maintain the Suppression System in accordance with the procedures outlined in NFPA 96.
46. The damages sustained by Rivertown Bistro and the Bonfire Restaurant were a
natural and foreseeable consequence of Ashley, A&A Hood, Christopher Saylors, ABC
Corporations 1-10 (fire suppression system installation companies) ABC Corporations 1-10 (fire
suppression system inspection, maintenance and/or repair companies), John Does 1-10 (fire
suppression system installers) and/or John Does 1-10 (fire suppression system inspection, repair
and/or maintenance) breach of contract and related warranties.
47. In accordance with the terms and conditions of the Policy, Selective has made
payments to, or on behalf of, Rivertown Bistro for damage incurred to its business and property
in an amount in excess of $835,000.00.
48. By virtue of its payments made to or on behalf of its insured, Selective is now
subrogated to Rivertown Bistro’s rights of recovery against Ashley, A&A Hood, Christopher
system inspection, repair and/or maintenance) to the extent of payments made.
14
WHEREFORE, Plaintiff demands judgement against Defendants, Ashley, Inc., A&A
Hood, Christopher Saylors, ABC Corporations 1-10 (fire suppression system installation
companies) ABC Corporations 1-10 (fire suppression system inspection, maintenance and/or
repair companies), John Does 1-10 (fire suppression system installers) and/or John Does 1-10
(fire suppression system inspection, repair and/or maintenance) in an amount in excess of
$835,000.00 together with interest, costs and other such relief as this Honorable Court deems just
and proper under the circumstances.
THIRD CAUSE OF ACTION
companies) John Does 1-10 (fire suppression system installers)
(Violation of South Carolina Code of Laws 39-5-10 et. Seq. (SCUTPA))
49. Plaintiff incorporates herein by reference all preceding paragraphs of this
Complaint the same as if set forth fully hereinafter.
50. Defendants, Ashley, A&A Hood, Christopher Saylor, ABC Corporations 1-10
(fire suppression system installation companies) John Does 1-10’s (fire suppression system
installers) actions described herein are unfair and deceptive acts or practices in violation of South
Carolina Code of Laws 39-5-10, et. eq. by designing and installing a Suppression System for the
Smoker that was not listed by the manufacturer for that application.
installers) unfair and deceptive acts or practices affect commerce.
52. The public has an interest in insuring that fire suppression systems installed by
licensed contractors are safe and adequate for the protection of people and property.
15
installers), unfair and deceptive acts or practices described herein impact the public interest
because those acts and practices involve the installation of fire protection systems which are
inadequate to suppress a foreseeable fire which endangers people and property.
installers) actions described herein have damaged the Plaintiff’s insured in an amount in excess
of $835,000.00.
55. Plaintiff is entitled to recover treble its actual damages and attorney’s fees
resulting from Defendants’ unfair and deceptive trade practices pursuant to South Carolina Code
of Laws 39-5-10, et. eq.
WHEREFORE, Plaintiff demands judgment against the Defendants, Ashley, A&A Hood,
Christopher Saylor, ABC Corporations 1-10 (fire suppression system installation companies)
John Does 1-10’s (fire suppression system installers), in an amount in excess of $835,000.00 and
other relief as this Honorable Court deems just and proper.
May _28_____, 2019 _s/Paul E. Hammack____________________

Paul E. Hammack, SC Bar #68501
Hammack Law Firm, P.A.
223 West Stone Avenue
Greenville, SC 29609
Telephone: 864-326-3333
paul@hammacklawfirm.com
Attorney for Plaintiff
16

Bonfire Smokin' Taqueria Fire Lawsuit

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ELECTRONICALLY FILED - 2019 May 28 4:20 PM - HORRY - COMMON PLEAS - CASE#2019CP2603344

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

SELECTIVE WAY INSURANCE : SUMMONS

May _28_____, 2019 _s/Paul E. Hammack____________________

SELECTIVE WAY INSURANCE : COMPLAINT

insurance policies in the state of South Carolina.

2. Defendant, Ashley, Inc. (hereinafter, “Ashley”) is a business entity organized and

business located at 11109 Highway 707, Murrells Inlet, SC 29576.

707, Murrells Inlet, SC 29576.

4. Defendant, Christopher A. Saylors, is an adult individual who is a citizen and

Myrtle Beach, SC 29577.

5. It is believed and averred that Defendant, Christopher A. Saylors, is the principal

owner of and does business as Ashley and A&A Hood.

7. Defendant, ABC Corporations 1-10 (unidentified fire suppression system

inspection, maintenance and/or repair companies) are corporations, partnerships, sole

and repair of the fire suppression system.

8. Defendants, John Does 1-10 (unidentified installers) are sole proprietors or

9. Defendants, John Does 1-10 (unidentified fire suppression system inspection,

business of designing, installing, servicing, testing, repairing, maintaining, inspecting and

cleaning commercial kitchen fire suppression systems.

business of cleaning restaurant equipment, including equipment and components relating to

fuel smoker (hereinafter, “the Smoker”) located at the Property.

combustible materials inside the duct work.

installation, its inspection and at the time of the Fire.

listing and NFPA 96.

amount in excess of $835,000.00.

business and property in an amount in excess of $835,000.00.

26. By virtue of its payments made to or on behalf of Rivertown Bistro, Selective is

Christopher Saylors to the extent of payments made.

as though fully set forth hereinafter.

maintenance and service of the Suppression System protecting the Smoker.

breached their duties of care and caused Plaintiff’s damages by:

a) failing to properly design the Suppression System at the Property;

b) failing to properly install the Suppression System at the Property;

i) improperly cleaning the exhaust duct work for the Smoker;

j) failing to remove a build-up of combustible grease and other materials from

their agency and/or employment.

extensive damage to the Bonfire Restaurant and related property.

incurred to its business and property in an amount in excess of $835,000.00.

system inspection, repair and/or maintenance) to the extent of payments made.

WHEREFORE, Plaintiff demands judgment against Ashley, A&A Hood, Christopher

system inspection, repair and/or maintenance) in an amount in excess of $835,000.00, together

SECOND CAUSE OF ACTION

as if fully set forth hereinafter.

System for the Smoker.

system and duct work for the Smoker.

through their individual or respective representations of competency, made certain implied

on the defendants’ representation of competency.

with NFPA 96.

installation companies) ABC Corporations 1-10 (fire suppression system inspection,

would ordinarily be employed by others in the same profession.

and/or maintenance) breach of contract and related warranties.

in an amount in excess of $835,000.00.

system inspection, repair and/or maintenance) to the extent of payments made.

(fire suppression system inspection, repair and/or maintenance) in an amount in excess of

and proper under the circumstances.

THIRD CAUSE OF ACTION

49. Plaintiff incorporates herein by reference all preceding paragraphs of this

Complaint the same as if set forth fully hereinafter.

installers) unfair and deceptive acts or practices affect commerce.

inadequate to suppress a foreseeable fire which endangers people and property.

of Laws 39-5-10, et. eq.

other relief as this Honorable Court deems just and proper.