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STATE OF SOUTH CAROLINA COUNTY OF LEXINGTON JOANNE BALDWIN, Plaintiff, v. KRISTEN ANN BIRETTO. Defendant. IN THE COURT OF COMMON PLEAS FOR THE ELEVENTH JUDICIAL CIRCUIT CASE NO. 2025-CP-32-__________ COMPLAINT (Jury Trial Requested) TO THE ABOVE-NAMED DEFENDANT: Plaintiff, complaining of the Defendant above-named would respectfully allege and show unto this Honorable Court: PARTIES AND JURISDICTION 1. Plaintiff Joanne Baldwin is a resident of Charleston County, South Carolina. 2. Upon information and belief, Defendant Kristen Ann Biretto (hereinafter Defendant) is a resident of Shelby Township, Michigan. 3. This Court has jurisdiction over the parties and subject matter of this action because the wrongful conduct and injuries suffered occurred in Lexington County, South Carolina. 4. Venue is proper pursuant to S.C. Code Ann. § 15-7-30 because a substantial part of the events or omissions giving rise to the cause of action and the injuries suffered occurred in Lexington County, South Carolina. FACTUAL ALLEGATIONS 5. At approximately 4:30 PM on June 15, 2024, Plaintiff was a passenger in a properly stopped 2019 Subaru on Interstate 26 near Gaston, South Carolina within Lexington ELECTRONICALLY FILED - 2025 May 06 2:02 PM - LEXINGTON - COMMON PLEAS - CASE#2025CP3202058 County. 6. At the time and date aforementioned, Defendant was the driver of a 2023 Chrysler with Michigan license plate number 582393 for the year 2025. 7. At the time and date aforementioned, the vehicle in which Plaintiff was a passenger was stationary on Interstate 26 in Lexington County, South Carolina. 8. At the time and date aforementioned, Defendant collided with the rear of the vehicle in which Plaintiff was a passenger. 9. Defendant was negligent, willful, wanton, careless, reckless, and/or grossly negligent at the time and place aforementioned in the following particulars: a. In travelling too fast for conditions in violation of South Carolina Statute § 56-5- 1520(A); b. In following too closely in violation of South Carolina Statute § 56-5-1930; c. In driving recklessly and in disregard for those around her in violation of South Carolina Statute § 56-5-2920; d. In failing to properly observe the conditions around her; e. In failing to take sufficient evasive actions by any means, to avoid or keep from hitting the vehicle in which Plaintiff was a passenger; f. In failing to exercise that degree of care which a reasonable and prudent driver would have exercised under the same or similar circumstances; g. In violating the laws, statutes and ordinances of the State of South Carolina; h. In other ways that a judge or jury may determine. 10. As the direct and proximate result of the aforesaid negligent, grossly negligent, careless, reckless, willful and/or wanton acts or omissions of the Defendant, Plaintiff suffered great ELECTRONICALLY FILED - 2025 May 06 2:02 PM - LEXINGTON - COMMON PLEAS - CASE#2025CP3202058 physical harm, injuries, and damages including: a. Significant left shoulder injury requiring surgical intervention; b. Cervical spine injuries with disc herniations; c. Lumbar spine injuries with degenerative changes; d. Pain about various parts of her body including her left shoulder, bilateral neck, posterior head, and back; e. Physical limitations affecting her ability to perform basic daily activities; f. Disruption of daily activities including difficulty with household tasks, personal care, and inability to perform overhead activities; g. Loss of independence in performing routine daily activities; h. Disturbed sleep patterns due to pain; i. Medical expenses, including, but not limited to, emergency treatment, specialists, orthopedic care, diagnostic imaging, physical therapy, therapeutic injections, and medication management; j. Future medical expenses, including surgical intervention for her left shoulder and potential cervical spine surgery, ongoing physical therapy, pain management interventions, home health assistance, and follow-up care; k. Loss of enjoyment of life, including limitations on recreational activities and exercise; l. Past, present and future pain and suffering and increased susceptibility to future injury; and m. Other particulars to be determined by the evidence at trial. WHEREFORE, Plaintiff prays for judgment against the Defendant in such amount of actual and ELECTRONICALLY FILED - 2025 May 06 2:02 PM - LEXINGTON - COMMON PLEAS - CASE#2025CP3202058 punitive damages, exceeding the sum of Twenty-Five Thousand Dollars ($25,000.00) as determined by the Trier of Fact; for the costs of this action; and for such other and further relief as may be just and proper. By: s/Annie E. Andrews_______________ Annie E. Andrews, Esquire #101103 The Andrews Law Firm LLC 755 Johnnie Dodds Blvd Mount Pleasant, SC 29464 843-881-8886 annie@andrewslawfirm.com