Here’s what the county, Horry Sheriff’s Office said in response to van drowning civil suit
Horry County and its Sheriff’s Office say it was others’ actions that led to the death of a mental health patient in the back of a transport van swept away by floodwaters last year.
Wendy Newton’s family filed a civil lawsuit in August over her death. Newton and Nikki Green were mental health patients under an order for transport to mental health facilities by the Horry County Sheriff’s Office.
The two were transported days after Hurricane Florence passed through the area and left hundreds of roads impassable because of floodwaters. Former deputies Stephen Flood and Joshua Bishop drove the van as the women were held in a caged area in the back.
Outside of Nichols, Flood drove around a National Guard vehicle and into floodwaters. The van was swept off the road and quickly submerged. The deputies escaped, but could not free the women. By the time rescuers arrived, the women had drowned.
Bishop and Flood were fired and criminally charged — both of their criminal cases remain active.
The lawsuit named Horry County, the Sheriff’s Office and four individual people as defendants. The named defendants previously answered the civil suit.
This week, the county and sheriff’s office filed their answer. The filing denied the allegations and admitted only to obvious facts, such as the named defendants worked in the sheriff’s office.
As part of its answer, the entities also provided possible defenses, including one stating “the alleged damages were caused by an intervening action of a third party or parties.”
The answer happened at the same time a Judge ordered mediation in the case. Mediation in civil cases is typical as its to encourage parties to try and resolves their issues without a trial.