Family of SC sunbather run over by truck sues

The family of the Myrtle Beach man severely injured on the beach in May when he was run over by a beach-service truck says the franchise values profit more than safety.

Erik Rabon remains in a local hospital, unable to walk or breathe on his own nearly two months after the vertebrae in his neck were crushed by a beach services truck. His family has filed a lawsuit for the May 14 accident that left the 34-year-old with permanent spinal-cord injuries, brain injuries and in a "coma-like state.''

Grand Strand Regional Medical Center spokeswoman Joan Carroza said Rabon is in fair condition, meaning his vital signs are stable. He was in critical condition after the incident.

Conway attorney Jeffrey Johnson served Myrtle Beach with the lawsuit Monday, filed for Adam Rabon, Erik Rabon's brother, who is now his legal guardian. The lawsuit names the city, Huggins Beach Service and Craig Risbourg, the Huggins employee who was driving the 2004 Chevrolet truck.

Johnson did not return calls seeking comment.

Rabon was sunbathing and likely napping, police reports said, in the sand between Eighth and Ninth avenues North, when Risbourg drove up and stopped to watch some swimmers to make sure there were no problems. He continued on, making a right-hand turn in the sand and driving onto Rabon.

Many people have said right-hand turns are the most dangerous, especially in the large trucks, because so much of the area around the truck is blocked from the driver's view.

The lawsuit asks for unspecified damages. It says Erik Rabon's life expectancy has been significantly decreased, that his spinal injuries are permanent, he relies on a respirator and ventilator to breathe, he will be dependent on others and on extensive medical care for the rest of his life and suffers from post-traumatic stress disorder.

Erik Rabon was "pinned under'' the truck and "dredged and dragged by the head'' through the sand when Risbourg drove onto him after stopping to check swimmers in the ocean, according to the court documents.

He was conscious and screaming while the truck was on top of him, the lawsuit says.

The lawsuit alleges: that Risbourg was driving too fast and in an unsafe manner; that he was not watching where he was going; that the franchise cared more about profit than it did about equipping the truck with mirrors, cameras and other technology that could have helped prevent the accident; and, among other charges, that trucks of that size shouldn't be on the sandy beach area in the first place.

Huggins has declined to comment, and Risbourg could not be reached.

The lawsuit says the city breached the public trust, failed to care for the safety of beach users and should have learned from past incidents and implemented rules that could have prevented anyone else from being hurt.

City manager Tom Leath said a woman was run over several years ago by a recreation and parks department worker who was driving on the beach, but she was not seriously injured because the sand was so soft, the weight of the vehicle pushed her down.

The city doesn't comment on pending lawsuits, but Leath was willing to discuss the beach-service franchises.

He couldn't recall major safety violation problems involving the three beach-service franchises that have contracts with the city.

"We have beach patrol on the beach all day long, so if there are any problems, we hear about them right away,'' he said.

He said Huggins Beach Service has been operating in Myrtle Beach for many years, owned first by Earl Huggins, and now run by his son, also named Earl Huggins. The franchise agreements are signed every seven years, and the companies rent umbrellas and beach equipment in addition to providing lifeguard and emergency services.

Leath said violations or complaints can be used when considering whether to renew a franchise agreement, but said there have been few, if any, complaints registered with the Police Department about the service providers.

Each franchise has at least one pickup, usually used to haul large items to and from the beach. But employees also use the trucks to carry advanced life-saving equipment such as defibrillators, backboards and oxygen tanks up and down miles of beach.

Since Erik Rabon was injured, the franchise owners have agreed to strongly discourage right-hand turns from a complete stop, like the one Risbourg made when he ran over Rabon.

Workers are also using the trucks' emergency flashers to warn people they are coming, and must place traffic cones in front and in back of their vehicles when they come to a stop and get out of the trucks. That way they must walk all the way around their vehicles and clear the perimeters before they can leave the area.

Rabon's uncle, Terry Rabon, attended several City Council and Beach Advisory Committee meetings to lobby for banning the trucks from the beaches all together, but the committee recommended adjustments to the rules, including the use of cones and flashers.