‘She almost died’: Father of 3-year-old injured in Sea Pines trolley crash files lawsuit
The father of a 3-year-old girl who is recovering after being “catastrophically injured” in a Sea Pines trolley crash in May has filed a lawsuit against the trolley company, according to court documents.
William Fink’s daughter suffered a broken femur, a fractured left cheek bone, a concussion and lost four front teeth after the driver lost control of the trolley on May 11 and it crashed into a tree off of Lighthouse Road, according to court documents in the Beaufort County 14th Judicial Circuit filed on Monday.
The crash sent four people to the hospital, including the child, her mother, Pavlina Fink, and the 68-year-old trolley driver, the Island Packet previously reported.
“That was the scariest moment of my life,” William told the Island Packet of the ride to the hospital with his daughter. The Finks were living in Sea Pines at the time of the crash, William said.
Fink, represented by Hilton Head attorney William Jenkins, filed suit against Sea Pines Plantation Trolley Company, LLC. The complaint alleges negligence by the trolley driver and follows a suit filed in June by Pavlina for her own injuries.
At the time of the crash, William Fink told the Island Packet that his daughter’s injuries led to a “major seizure” as she was being transported over the Talmage Bridge.
“To see my daughter’s beautiful smile has been difficult,” he said. “To watch a child have to limp around and to have to go through pain and agony ... She almost died in the crash.”
Jenkins said the child was in Memorial Health University Medical Center in Savannah for “several days” following the incident, and both the now 4-year-old girl and her mother are “pretty much done with their treatments.”
In May, the crash was labeled a “medical-related” incident in the S.C. Highway Patrol collision report.
Highway Patrol Lance Cpl. Matt Southern said Wednesday that the report now includes that a medical-related emergency caused the trolley accident.
Southern said the report does not include details of what the medical emergency was, and collision reports do not typically include that information in order to be compliant with Health Insurance Portability and Accountability Act.
In Pavlina’s case regarding her injuries, Sea Pines issued a denial for “each and every accusation” and demanded “strict proof thereof” on Nov. 13, according to court documents.
When asked about the suit filed on behalf of the child, Sea Pines Community Services Associates president Bret Martin said safety is “of paramount importance” to Sea Pines CSA.
“We continue to work with authorities during their investigation of the May 2018 incident and review and amend operational procedures as appropriate on an ongoing basis,” Martin said in a statement.
Jenkins said the most recent suit will only go to trial if the family cannot reach an agreement for damages with Sea Pines. The lawsuit does not name a specific amount of damages — leaving it to the court to decide.
Although William said his family is recovering, he said he thinks about the accident every day.
“It was a tough summer ... to see your child struggling and in pain,” Fink said. “She’s our only child, and just to see her hurt is beyond belief.”
This story was originally published November 29, 2018 at 9:30 AM.