A man who was shot in the head during a 2011 home invasion at his Myrtle Beach apartment has filed a lawsuit against the complex claiming the managers failed to properly maintain the property, which could have helped him avoid the crime, according to court records.
David Thomas Moran filed the lawsuit against IvyStone LLC and Powers Properties of Florence LLC, according to court documents filed Nov. 13 in Horry County Common Pleas Court. Attorneys for the property management company filed a response to the claims last month.
Moran, who has since moved to another state, could not be reached for comment.
Moran was shot in the head during the Oct. 16, 2011, home invasion robbery attempt inside his apartment at 258 Ivy Stone Drive, according to authorities. Two men, Abdul Al-Mutakabbir Furquan and Jeremy Jamal Fleming, were convicted in the crime last year during separate trials.
In the lawsuit, Moran said that he heard a knock at his apartment door and looked out the peep hole, but couldn’t see anything because the lights in the common area were out. Moran said when he opened the door to see who was there, the men burst in and shot him.
Moran said the lighting in the common areas had been out for some time and residents had made “multiple complaints” for repairs. IvyStone employees “had previously unsuccessfully attempted to repair the lights.”
Temporary measures to provide lighting also were not made for the safety of residents, according to the lawsuit. Moran said in the lawsuit he suffered medical expenses, physical pain and mental suffering, lost earnings, disfigurement from the gunshot, physical and mental impairment.
Moran seeks actual and punitive damages and requested a jury trial, according to court records.
In a response to the lawsuit, attorneys for IvyStone properties denied the allegations and wrote that Moran failed to “state facts sufficient to constitute a cause of action” against the development and property. They also asked for the lawsuit to be dismissed.
IvyStone officials in their response also described the shooting as an accident and were caused by the “negligence, recklessness, willfulness and wantonness of others,” according to court records. They also wrote that Moran was negligent and responsible for his safety.
Furquan was sentenced to two life in prison sentences without the possibility of parole following a two-day trial in September. The 40-year-old Conway resident was convicted of first-degree burglary, attempted murder and possession of a weapon by a person convicted of a violent crime.
Because Furquan had been previously convicted second-degree criminal sexual conduct with a minor, which is a most serious offense under state law, upon his conviction of the recent charges state law required him to be sentenced to life in prison, authorities said at the time of his trial.
Fleming, 25, of Murrells Inlet was sentenced to 20 years for first-degree burglary and another 20 years for an attempted murder charge after he was convicted of the charges in May. Circuit Court Judge Edward Cottingham ordered the sentences to run consecutively and Fleming is not eligible for early release before serving 85 percent of each sentence.
Police said Fleming and Furquan each blamed the other in the shooting of Moran, who was shot in the head with a .38-caliber revolver during the burglary.
The victim’s roommate came out with a shotgun and his pitbull Fleming and Furquan ran out of the apartment, police said. Witnesses saw the men and were threatened by them, but later went to police and identified Furquan and Fleming as the suspects.
The men were arrested Oct. 19, 2011.
Contact TONYA ROOT at 444-1723 or follow her at Twitter.com/tonyaroot.