Horry County will pay millions to family of woman who drowned in sheriff’s van
Horry County will pay more than $6 million dollars to the family of a woman who drowned in the back of a sheriff’s deputy van while being transported to a mental health facility.
The lawsuit against Horry County, which was filed federally in the U.S. District Court of South Carolina, was settled Tuesday.
Horry County will pay more than $6 million to Linda Green, who represents the estate of Nicolette Green.
Nicolette Green and Wendy Newton drowned in a caged compartment in the back of an Horry County Sheriff’s Office van Sept. 18, 2018 after deputies drove the vehicle through Hurricane Florence floodwaters, despite a supervisor’s orders.
The sheriff’s deputies who drove the van — Stephen Flood and Joshua Bishop — escaped, leaving Green and Newton to drown. Flood and Bishop were fired from the Horry County Sheriff’s Office and charged criminally.
Of the $6.3 million payment ordered, $5.3 million settles the wrongful death claim and $1 million settles the survival claim, which is like a personal injury claim filed on behalf of a deceased person.
Green’s estate consists of her husband, her two daughters, and her son, according to the federal settlement filing.
Green and Newton were being transported via an Horry County Sheriff’s Office van to a mental health facility when they drowned after being left in the flooded vehicle. Green suffered from schizophrenia and depression, her family told The Sun News in 2018.
$2.5 million of the settlement money will go toward attorney fees and other legal services, the filing states.
Linda Green’s team of attorneys is comprised of Carl E. Pierce, Benjamin C. Smoot, Robert R. Gergel, L. Morgan Martin, Mary A. Martin, Luke A. Rankin, and G. Scott Bellamy.
Linda Green is also suing the Horry County Sheriff’s Office, Sheriff Phillip Thompson, Sgt. Elizabeth Orlando and the two former deputies who drove the van Green and Newton drowned in — Flood and Bishop.
Horry County released a statement Tuesday afternoon regarding the settlement that resolved the claims against the county.
“Horry County regrets and acknowledges these tragic deaths, and changes have been implemented to better protect the safety of mental health patients in Horry County. These changes will help ensure that mental health patients are transported in a more safe and responsible manner,” the press release states.
“Horry County extends its sincere condolences to the families of Ms. Newton and Ms. Green. As part of the resolution of all pending claims involving Horry County, Horry County’s sincere hope is that the families of Ms. Newton and Ms. Green will experience some sense of closure to their grief.”
When asked what procedural changes the statement referred to, Horry County spokesperson Kelly Moore declined to state specifics. “We aren’t going to provide any further comment beyond the statement at this point,” Moore wrote in a text message.
Horry County Council Chairman Johnny Gardner did not respond to a request for comment on the settlement agreement from The Sun News on Tuesday in time for publication.
Last week, Horry County Circuit Court Judge Michael G. Nettles ordered American Aluminum Accessories to pay $1 million to Linda Green. American Aluminum Accessories, Inc. is the manufacturer of the caged compartment installed in the back of the sheriff’s office van, in which Green and Newton drowned.
This story was originally published August 3, 2021 at 5:57 PM.
