An attorney for two companies that own and maintain Coosaw Plantation is asking a judge to deny access to the neighborhood's financial records, which were requested as part of a wrongful death lawsuit filed by the family of a 6-year-old boy who drowned during a pool party in August, according to court records.
Beaufort attorney Mary Sharp, who is representing the Sanford Land Co. and Sanford Family Partnership, is requesting a judge quash a subpoena sent April 5 to Bank of America seeking copies of bank statements, deposits, withdrawals, returned checks and other information on all accounts belonging to Coosaw Plantation. The two companies are owned by members of former Gov. Mark Sanford's family, according to court records.
In a filing last month, Sharp argued that because Coosaw Plantation, as a legal entity, was not named as a defendant in the suit, the requested documents are irrelevant, according to a copy of the motion.
A judge has yet to rule on Sharp's motion, according to court records.
The subpoena was sent to the bank by attorneys for the family of Camilo Andres Restrepo-Lopez, who was found at the bottom of a pool during a party hosted by John and Julia Sanford. John Sanford is the former governor's brother.
The suit, filed by attorneys Daniel Henderson and J. Paul Detrick of Hampton, said the child was invited to a birthday party Aug. 20 that began at John and Julia Sanford's Beaufort home and continued at Coosaw Plantation, where the children swam.
During the party, Lopez was found at the bottom of the pool and taken to the Medical University of South Carolina in Charleston, where he died two days later, according to the Beaufort County Coroner's Office.
The boy's death was ruled an accident.
The lawsuit alleges children at the pool party were not properly supervised and that the boy wasn't given a lifejacket, although his parents had said he could not swim.
Attorneys for the Sanfords have denied the couple are liable for the boy's death and have said they were never told by the boy's parents he could not swim, according to court records.
Follow reporter Patrick Donohue at twitter.com/ProtectServeBft.