Judge denies class action suit against Columbia Housing led by Allen Benedict Court evacuees

A class action lawsuit brought by former tenants of Columbia’s Allen Benedict Court public housing complex will not move forward, a Richland County judge has ruled. A local attorney hopes to keep the case alive.

In January 2019, two men residing in separate apartments at Allen Benedict Court were poisoned to death by carbon monoxide produced by a faulty furnace at the Columbia Housing Authority property.

Once the gas was discovered, more than 400 residents of the 80-year-old housing complex were ordered to leave — sent to hotels or told to find other housing.

In response, Allen Benedict Court residents Tammy Basinger and Khaylis Scott sued the Housing Authority, claiming negligence and alleging the agency didn’t act on known maintenance problems at the sprawling property.

David Proffitt, a local attorney who represents the pair, hoped the suit could represent all Allen Benedict Court residents by certifying it as a class action.

“We believe that the common legal issues regarding the liability of Columbia Housing Authority for causing the evacuation by its failure to properly maintain the complex, along with the fact that former tenants suffered many of the same types of damage, makes this an excellent case for resolution on a class-wide basis,” Proffitt said.

Richland County Circuit Court Judge Jocelyn Newman has denied the request for a class action suit against the Housing Authority. In a judgment form dated March 22, Newman simply wrote “Plaintiff’s motion for class certification (filed on 6/11/21) is DENIED.”

Proffitt said he did not receive any further explanation for the denial.

Now, he is gathering clients to file individual suits on behalf of tenants who resided at the apartment complex when it was evacuated. So far, “several dozen” people have retained his services for individual suits, Proffitt said. Nothing has been filed in court yet.

Proffitt said clients would not be charged legal fees unless they win their case.

The two men who died at the apartments, Calvin Witherspoon Jr., 61, and Derrick Caldwell Roper, 30, were not the only residents living in spaces where fatal levels of gas were found.

Carbon monoxide detected in several of the apartments was “severe and lethal,” and stoves showed evidence of leaking gas, Columbia Fire Chief Aubrey Jenkins wrote in a letter to the Housing Authority.

A later inspection of the property showed 63 units had heightened levels of hazardous gases. Inspectors also found mold, electrical and structural problems and other safety concerns.

No criminal charges were filed after the deaths.

“What has happened here in Allen Benedict Court is indeed a tragedy,” Solicitor Byron Gipson said at the time. “The decision not to pursue criminal charges in general sessions court is not intended to be a commentary, either directly or indirectly, on civil liability. It’s not meant to be a comment on whether or not an agency can be charged (in civil court).”

The suit brought by Basinger and Scott alleged ongoing problems with gas leaks across the apartment complex. The suit claims that numerous residents reported these concerns to management, but maintenance could be deferred for months or years.

Residents were also harmed by the aftermath of the evacuation, the suit alleges.

One former resident calls the evacuation day “the worst time of my life,” in a testimonial shared by Proffitt.

A mother of two who was evacuated from the apartments said her family lived in three different hotels before finding a new apartment. The hotels did not have stoves, so she had to buy fresh food every day. Another mother described not being able to get her daughter to school on time because there was no reliable transportation from the hotel.

“Given the Court’s ruling denying a class action, all of the former tenants and residents who were summarily forced to leave Allen Benedict Court have a legal right to bring individual claims against Columbia Housing Authority,” Proffitt said.

In 2021, the Housing Authority demolished Allen Benedict Court. It had been vacant for almost three years. The housing authority hopes to build senior, family and workforce housing in its place.