Child falls from balcony of oceanfront Myrtle Beach motel. Parents are now suing

Two parents are suing a Myrtle Beach motel, saying their child was seriously injured after falling from a second-story balcony.

According to a lawsuit filed Jan. 13 in Horry County, Carlos Roberto Terrealba Montero and Anahi Scarlet Rodriguez Lopez of Wake County, North Carolina, were staying at the Twilight Surf Motel at 1703 S. Ocean Blvd. with their daughter last summer when she fell through a broken railing. In the suit, the child, a minor, is identified only as A.R.

The motel was declared a public nuisance and closed in the fall, with Solicitor Jimmy Richardson stating it “has the general reputation for repeated acts of unlawful possession or sale of controlled substances and continuous breaches of the peace.” From May 18 to Nov. 17, Myrtle Beach police and fire responded to more than 300 calls combined at the motel.

In addition to Twilight Surf Motel LLC, the lawsuit names registered agent David Lee Holmes, three unnamed ABC corporations and three unnamed John Does as defendants who owned, operated, managed, occupied, controlled, maintained and/or supervised the motel.

On Aug. 16, Montero was sitting on a second-story balcony with his child and stood up to get something out of a cooler a few feet away, according to the plaintiffs.

“While on the second story balcony, Plaintiff was acting in a reasonable and prudent manner, which would not cause risk or harm, or constitute neglect to his minor child,” the suit says.

As Montero sat back down, the child allegedly walked to the poorly maintained railing and fell through a section of missing guardrail. The lawsuit denies there were any warning signs, barriers, cones or caution tape to block off the danger or warn patrons.

“The minor child, A.R., was rushed to the hospital emergency room via EMS, due to injuries she sustained in the fall,” according to the suit. “Defendants’ acts and omissions caused Plaintiffs minor child, A.R., to suffer serious injuries.”

The lawsuit alleges the defendants failed to inspect, supervise and maintain the premises, creating unsafe conditions which they didn’t repair or report. It also argues the defendants failed to warn of or block off the dangerous area, properly train their employees and exercise reasonable caution.

Although the lawsuit doesn’t list a monetary amount, Lopez and Montero are seeking actual and punitive damages, including physical harm, permanent injuries, medical expenses, lost wages, out-of-pocket expenses, loss of enjoyment, physical suffering, mental anguish and emotional and psychological damage.