TDS's Case to Compel Construction of Road Improvements in Seneca, SC
Job Order Request No.437428
In November of 2020,TRIUMPH DONNELLY STUDIOS CORPORATION made a formal JOB ORDER request to THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION to IMPROVE and make SAFE one of their RURAL ROADS located in SENECA, SC at GODDARD AVE between SHILOH RD and SE 6TH STREET. In January of 2020a WOMAN was walking on the road because there was no SIDEWALKS on GODDARD AVE. SENECA,SC Firefighters stated "A WOMAN WAS STRUCK BY A SPEEDING CAR ON GODDARD AVE and was rushed to the Hospital for SEVERE INJURIES....
TRIUMPH DONNELLY STUDIOS CORPORATION requested "not ordered" that GODDARD AVE be improved as to...
1. Pedestrian Sidewalk with Guardrail
2. Concrete Curbs
3. Concrete Storm Drainage
4. Pedestrian Bike Path
5. Corner Ramps
6. Proper Safety Signage
7. Replace Falling Stop Sign at GODDARD AVE and Shiloh Rd.
This was requested due to the WOMAN being struck by the speeding vehicle because this RURAL ROADA managed by the (SCDOT) did not have SAFETY precautions to prevent, CHILDREN,ADULTS,ANIMALS and COMMERCIAL TRUCKS from hitting any Pedestrian on this dangerous road. Since 2020 there have been 931 lives lost on RURAL ROADS in SOUTH CAROLINA which is one of the WORST in America according to research studies. After a few months passed ,TRIUMPH DONNELLY STUDIOS CORPORATION noticed no activity on GODDARD AVE, when the Lower Section of GODDARD AVE has , SIDEWALKS, CURBS, PROPER DRAINAGE, and not the Upper Section of GODDARD AVE. This "delay" nor non concern by (SCDOT) is because this RURAL ROAD is low income, low priced small homes, a Junk Yard, with residents of African American color. TRIUMPH DONNELLY STUDIOS CORORATION contacted the (SCDOT) to get a status report on JOB ORDER No. 437428. For two weeks no communications from the (SCDOT) and LIVES still at risk. TRIUMPH DONNELLY STUDIOS CORPORATION finally received a communication by email stating "THE JOB ORDER WAS RECEIVED"....Time passed again no activity. Because of this non communications, TRIUMPH DONNELLY STUDIOS CORPORATION filed a LAWSUIT in Beaufort County, SC at the Court of Common Pleas which cost TRIUMPH DONNELLY STUDIOS CORPORATION $150.00 Filings fee associated. The case was filed by the Court and was given DOCKET No. 2021-CP-07-00690 TRIUMPH DONNELLY STUDIOS CORPORATION v. SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION. Plaintiff ,TRIUMPH DONNELLY STUDIOS CORPORATION filed over "72" SUPPORTIVE EXHIBITS, to support this JOB ORDER request ,"NOT AN ORDER". The Defendant (SCDOT) was served the Civil Complaint with Summons and was given to Associate Attorney Paul de Holczer to act on the Defendant's behalf. TRIUMPH DONNELLY STUDIOS CORPORATION was not represented by Counsel , which under The State of Arizona Corporation Laws, a" Corporation can be represented by an agent of the company registered in The State of Arizona. Thusly, the case was to go to an ADR as to act as a neutral venue to get the case resolved without proceeding in the Court. Plaintiff, TRIUMPH DONNELLY STUDIOS
CORPORATION requested of the Court to arrange the ADR as expedited, but the Court gave until November of 2021 for an ADR to be appointed. The case did not receive an ADR, and the Defendant (SCDOT) filed "Three Motions to Dismiss, Motion for Summary Judgment and Motion of Discovery for Plaintiff's request of "alleged study", which Plaintiff "never received". Plaintiff did receive form the Defendant was " ALL FILINGS FILED BY PLAINTIFF" and not the "alleged study for GODDARD AVE only a study for a 'STOP LIGHT AT GODDARD AND SHILOH ROAD "which is a different study, no STOP light was placed at this busy intersection.
Plaintiff remained defiant to have the Court file a "ORDER TO COMPLETE THE JOB ORDER No. 437428"since the Defendant (SCDOT) "did replace a falling STOP SIGN at the corner of GODDARD AVE and SHILOH RD "which was a request in the original JOB ORDER No. 437428". Since (SCDOT) did not complete the JOB ORDER, this case was filed to SAVE LIVES".
THE DISMISSAL REQUEST BY DEFENDANT:
TRIUMPH DONNELLY STUDIOS CORPORATION did agree with (SCDOT) request for a Dismissal, because their Counsel stated the following" "57-1-30 FUNCTIONS AND PURPOSES OF DEPARTMENT"...
A) the department shall have as it's functions and purposes the systematic planning, construction, maintenance, and operation of the state highway system and th3e development of a statewide inter model and freight system that is consistent with the needs and desires pf the public.
B) s.c. code ann ss.57-1-370- furthermore pursuant to s.c. code and.ss 57-3-110(10) has the duty and power to determine design criteria, construction specifications and standards required to construct and maintain highways and "rural roads" with layouts, designs".
Plaintiff, TRIUMPH DONNELLY STUDIOS CORPORATION "did not file nor request personal damages rewards or any monetary compensation from Defendant (SCDOT) only to "REQUEST DEFENDANT COMPLETE THE JOB ORDER No.437428" SINCE THEY STATED BY REPLACING A FALLING STOP SIGN". Plaintiff filed this case to only "SAVE LIVES".
ORDER OR DISMISSAL BY HON. ROBERT BONDS, BEAUFORT COUNTY COURT OF COMMON PLEAS
STATE OF SOUTH CAROLINA / IN THE COURT OF COMMON PLEAS
COUNTY OF BEAUFORT NINTH JUDICIAL CIRCUIT
Civil Action No. 2021-CP-00690
Triumph Donnelly Studios Corporation,
Plaintiff ORDER OF DISMISSAL IN DEFENDANT'S MOTION
vs. MOTION TO DISMISS AND /OR MOTION
SUMMARY JUDGMENT
South Carolina Department of Transportation,
Defendant
_________________________________________
This matter comes before the court upon "motion of the Defendant" , South Carolina Department of Transportation (SCDOT) for summary judgment , pursuant to Rule 56 of the South Carolina Rules of Civil Procedures, because th
there is " no genuine issue as to any material fact and that the moving party is entitled to a judgment "as a matter
of law, and pursuant to Rule 12 of the South Carolina Rules of Civil Procedures "because Plaintiff has failed to state
facts sufficient to constitute a cause of action".
This matter also comes before the court upon a motion of the Plaintiff for an order compelling Defendant to
respond to certain Discovery, that is to provide documentation of a "study" Defendant SCDOT has conducted
of the "roads" for which Plaintiff seeks improvements".
IT APPEARS Plaintiff has commenced this action to compel Defendant SCDOT to construct certain improvements
in accordance with Plaintiff's ideas of and demands for what is "safe and appropriate rather then to recover
damages for personal injury, personal property damages or real property damage and...
IT APPEARS that the determination of the "necessity and suitability of specific improvements to transportation
facilities and the design and construction of improvements to transportation facilities and the design and
construction of the improvements to transportation facilities are all matters within the statutory discretion
of Defendant SCDOT pursuant to S.C. Code Ann. 57-1-30 , S.C. 57-1-370 and S.C. Code Ann. 57-3-110(1)
and are not merely ministerial acts which might be compelled and ,
IT ALSO APPEARS, that Defendant SCDOT "is not and cannot be held responsible for a loss resulting from" the
exercise of discretion or judgment by the governmental entity or employee or the performance or failure to
perform any act or service which is in the discretion or judgment of the governmental entity or employee" S.C.
Code Ann 15-78-60.Neither is Defendant SCDOT liable for "the design of highways and other public ways
S.C. Code Ann 15-78-60(5) and (15). Defendant SCDOT "cannot be compelled to surrender it's discretion and
judgment or to substitute the discretion and judgment of a "private litigant for it's own.
IT FURTHER APPEARS that Defendant SCDOT has provide Plaintiff with copies of the documentation of a "study"
or studies Defendant SCDOT has conducted of the "roads" Plaintiff seeks improvement. Whether or not Defendant
SCDOT has studied these "roads" and the extent of the quality of any study is " not dispositive of the Defendant
motion for dismissal and summary judgment. Regardless how Defendant has exercised it's discretion in this
matter, Defendant is "not answerable to Plaintiff within the parameters of this litigation for it's exercise of
of discretion.
THIS COURT having "reviewed Plaintiff's numerous exhibits (over 70 individual exhibits) and having "reviewed
Defendant SCDOT motion, argument, and memoranda finds that Defendant SCDOT motion
IT IS THEREFORE,ORDERED THAT:
1. This action is dismissed pursuant to Rule 12(b)(6) and Rule 56, SCRCP
2. This case be and is dismissed with "prejudice"
AND IT IS ORDERED
BEAUFORT COMMON PLEAS
Case Caption: Triumph Donnelly Studios Corporation VS Department of Transportation South Carolina.
Case Number: 2021CP0700690
Type: Order/Form 4
So ordered, s/Robert Bonds, 2770
Electronically signed on 2021-08-18 24:05 page 5of 5.
LETTER FROM DEFENDANT'S COUNSEL
Triumph Donnelly Studios Corporation, LLC
Re: Triumph Donnelly Studios Corporation ,LLC V. SCDOT
C/A No. 2021-CP-07-00690 -Beaufort County -Filed 04/08/2021
Case to Compel Construction of Road Improvements in Seneca, Oconee County:
Dear Triumph Donnelly Studios , LLC
Please find enclosed a copy of the filed order of dismissal in the above-captioned case. This has
also been emailed to you as you have requested. Again, the Department "would encourage you to
contact your legislative delegation to the General Assembly and your Oconee County representatives
to pursue your interest in improving local roads". "As I told you, earlier this year "SCDOT is ALWAYS
interested in the COMMENTS and concerns of the citizens we serve and ALWAYS working to improve
our transportation infrastructure.
Sincerely yours,
Paul de Holczer, Assistant Chief Counsel, SCDOT
PDH/pdh
Enclosure as noted
David L. Hebert, P.E. Randall L. Young, P.E.
District 3 Engineering Administrator Deputy Secretary for Engineering
CASE COMMENTS BY PLAINTIFF
Plaintiff, TRIUMPH DONNELLY STUDIOS CORPORATION filed this case to "SAVE LIVES" from a
dangerous RURAL ROAD maintained and operated by the SCDOT. This case "did supply supportive
exhibits as to support this case again " TO SAVE LIVES" . It appears the Court in it's Dismissal "failed'
to see the "importance to 'SAVE LIVES" as Plaintiff presented to this Court. At 'NO TIME DID THE
PLAINTIFF "ORDER' DEFENDANT TO DO THE JOB ORDER" RATHER TO "COMPEL THE COMPLETION
OF THE JOB ORDER SINCE THE DEFENDANT DID START BY REPALCING A FALLING STOP SIGN ON
GODDARD AVE BUT 'FAILED TO COMPLETE THE FULL JOB ORDER TO "AGAIN SAVE LIVES".
Plaintiff did not file a case that is "protected by the SC Torts Claims Act" which protects the SCDOT
from any liable damages for designs, negligence , failure to correct design flaws and more.
TRIUMPH DONNELLY STUDIOS CORPORATION, took the time, energy ,expense and more for OTHERS
to "SAVE LIVES" of children, adults, animals, EVERYONE on a dangerous road called GODDARD AVE
in Seneca, Oconee, SC. TRIUMPH DONNELLY STUDIOS CORPORATION shall continue this cause to
implement the improvements as referenced in this case.
Respectfully,
TRIUMPH DONNELLY STUDIOS CORPORATION TUCSON
https://triumphdonnellystudios.com
