ELECTRONICALLY FILED - 2024 Nov 11 10:51 AM - ANDERSON - COMMON PLEAS - CASE#2024CP0402357
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS
COUNTY OF ANDERSON TENTH JUDICIAL CIRCUIT
Rebecca Maness, as Personal
Representative for the Estate of
Robert Allen Maness,
Petitioner,
vs.
PETITION FOR APPROVAL OF
WRONGFUL DEATH AND SURVIVAL
SETTLEMENT AGREEMENT
Deputy Matthew G. Davis,
Deputy Kenneth D. Lollis,
Chad McBride, in his official capacity as the
Sheriff of Anderson County and The
Anderson County Sheriff's Office,
Respondents.
I, Rebecca Maness, as Personal Representative of the Estate of Robert Allen Maness,
would respectfully move the Court for an Order approving the settlement reached in connection
with this matter as set forth below:
I.
The undersigned has been duly appointed as the Personal Representative of the Estate of
Robert Allen Maness.
II.
On or about October 14, 2021, Robert Allen Maness was killed in an incident with
Officers of the Anderson County Sheriff’s Office in the County of Anderson, State of South
Carolina. The details of the incident are disputed by the parties.
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ELECTRONICALLY FILED - 2024 Nov 11 10:51 AM - ANDERSON - COMMON PLEAS - CASE#2024CP0402357
III.
A claim has been made on behalf of the Estate of Robert Allen Maness against the
Defendants for the personal injuries sustained in the aforesaid incident, to include any damages
for past medical expenses, pain and suffering, and all claims for damages under the South
Carolina Wrongful Death Statute and Survival Action from Robert Allen Maness’ injuries, as
well as claims arising under 42
U.S.C. §1983.
IV.
The Petitioner is informed and believes that the Defendants are insured through a policy
of insurance issued by American Southern Insurance Company with primary liability
coverage of
$300,000.00/$600,000.00 dollars.
V.
Because there are claims for conscious pain and suffering, the parties have agreed to
apportion an amount of $9,707.50 to the claims under the Survival Statute, S.C. Code Ann. § 15-
5-90.
VI.
Attorney John T. Gentry, III in Charleston, South Carolina, has been retained to represent
the undersigned and the Estate of Robert Allen Maness in the above-captioned case. An
investigation has been made of the facts and circumstances surrounding the incident and the
resulting injuries to Robert Allen Maness-the results of which are disputed by the parties-and the
undersigned has been fully advised of her rights and responsibilities as Personal Representative.
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ELECTRONICALLY FILED - 2024 Nov 11 10:51 AM - ANDERSON - COMMON PLEAS - CASE#2024CP0402357
There has been sought and obtained from the Defendants an offer of settlement whereby
Defendants have agreed to pay a total sum of Fifty Thousand and 00/100 ($50,000.00) Dollars in
full and final settlement of any and all claims for monetary damages which Rebecca Maness as
Personal Representative of the Estate of Robert Allen Maness may have arising out of the
aforesaid incident against Deputy Matthew G. Davis, Deputy Kenneth D. Lollis, Sheriff Chad
McBride, the Anderson County Sheriff's Office, Anderson County, and American Southern
Insurance Company.
VII.
Out of the total settlement of Fifty Thousand and 00/100 ($50,000.00), it is proposed that
the following be paid:
a. Attorney fees in the amount of $4,685.53 plus cost in the amount of $5,842.46 for a total of
$10,527.99 shall be paid John T. Gentry, III, Esquire in Charleston, South Carolina.
b. Petitioners have agreed to accept $29,764.51, as full and final settlement of all claims under the
Wrongful Death Act.
c. Petitioners have agreed to accept $9,707.50 as settlement of the Survival action.
d. The total amount of $39,472.01 is proposed to be paid to the Petitioner as Personal Representative
of the Estate of Robert Allen Maness in consideration for a full release of Deputy Matthew G. Davis,
Deputy Kenneth D. Lollis, Sheriff Chad McBride, the Anderson County Sheriff's Office, Anderson
County, and American Southern Insurance Company for any and all claims for monetary damages
which arose out of this incident.
VIII.
From the settlement proceeds of Fifty Thousand and 00/100 ($50,000.00) Dollars, the
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ELECTRONICALLY FILED - 2024 Nov 11 10:51 AM - ANDERSON - COMMON PLEAS - CASE#2024CP0402357
undersigned moves for the approval of the Court to pay for legal services rendered by John T.
Gentry, III in Charleston, South Carolina in the agreed amount of $4,685,53 plus cost of
$5,842.46 for a total amount of $10,527.99. The Petitioner is of the opinion that the total
attorney’s fees are fair and reasonable under the circumstances and reflects substantial and
fruitful efforts put forth by John T. Gentry, III, Esquire in Charleston, South Carolina, that such
fee should be approved by the Court, and that the undersigned, as Personal Representative for the
Estate of Robert Allen Maness, should be authorized to pay such sum out of the settlement
proceeds.
IX.
Upon approval by the Court of the proposed settlement in this action, the undersigned has
fully and carefully considered the aforesaid settlement offer made to her as Personal
Representative for the Estate of Robert Allen Maness, and has agreed to accept this offer of
monetary compensation.
X.
Upon approval by the Court of the proposed settlement in this action, the undersigned, as
Personal Representative of the Estate of Robert Allen Maness, prays that she be authorized to
execute a release prepared on behalf of the Estate of Robert Allen Maness, of the Defendants
Deputy Matthew
G. Davis, Deputy Kenneth D. Lollis, Sheriff Chad McBride, the Anderson County Sheriff's
Office, Anderson County, and American Southern Insurance Company, their heirs, executors,
administrators, personal representatives, successors, and assigns, a copy of which is attached
hereto.
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ELECTRONICALLY FILED - 2024 Nov 11 10:51 AM - ANDERSON - COMMON PLEAS - CASE#2024CP0402357
WHEREFORE, the undersigned prays:
1. That this Court approve the aforesaid settlement and authorize the undersigned as Personal
Representative of the Estate of Robert Allen Maness to consummate the settlement and to execute the
proper receipts and releases for all sums to be paid hereunder;
2. That this Court authorize and direct the Defendants to pay or have paid on their behalf, as set forth
herein, the total settlement proceeds of Fifty Thousand and 00/100 ($50,000.00) Dollars for settlement
of any and all other claims of the Estate of Robert Allen Maness or the Petitioner might have arising
out of the aforesaid incident; that the settlement proceeds be distributed as follows:
a. Attorney fees in the amount of $4,685.53 plus cost in the amount of $5,842.46 for a total of
$10,527.99 shall be paid John T. Gentry, III, Esquire in Charleston, South Carolina;
b. Petitioners have agreed to accept $29,764.51, as full and final settlement of all claims
under the Wrongful Death Act.
c. Petitioners have agreed to accept $9,707.50 as settlement of the Survival action.
d. The total amount of $39,472.01 is proposed to be paid to the Petitioner as Personal
Representative of the Estate of Robert Allen Maness in consideration for a full and final release for
any and all claims for monetary damages which arise out of the incident, including, but not limited to,
any and all claims for future monetary damages and all past and future monetary damages for pain and
suffering against Deputy Matthew G. Davis, Deputy Kenneth D. Lollis, Sheriff Chad McBride, the
Anderson County Sheriff's Office, Anderson County, and American Southern Insurance Company, and
dismissal of the pending action with prejudice.
[Attorney Signature Block on Following Page]
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ELECTRONICALLY FILED - 2024 Nov 11 10:51 AM - ANDERSON - COMMON PLEAS - CASE#2024CP0402357
Respectfully submitted,
JOHN T. GENTRY, III, L.L.C.
s/John T. Gentry, III
171 Church Street, Suite 360
Charleston, SC 29401
T* 843.806.2633
F* 843.806.2550
[email protected]Signed in Charleston, South Carolina
November 4, 2024.
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