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IN THE COURT OF COMMON PLEAS

OF THE NINTH JUDICIAL CIRCUIT
STATE OF SOUTH CAROLINA
COUNTY OF CHARLESTON


LESTER G. MURPHY SR.
PLAINTIFF Case No.

COMPLAINT
v. (JURY TRIAL DEMANDED)

INTERNATIONAL DIVING INSTITUTE, LLC
SERGIO SMITH, PRESIDENT
Et al
RESPONDENTS




JURISDICTION AND VENUE
The Respondent LLC and its Employees and/or Officers are residents of the State of
South Carolina and conduct their business substantially within Charleston, South
Carolina.
All actions pertinent to this complaint took place in Charleston, South Carolina.
Jurisdiction and venue are proper in This Court.

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COMPLAINT
Plaintiff Lester G. Murphy Sr. brings this action to recover tuition and other
monetary losses associated with his attendance of the International Diving Institute
Program (the Program) from December 3, 2012 to April 9, 2013 (the Program
Period).
From December 3, 2012 through April 9, 2013, the Program administrators
offered an educational program which promised the related industry minimum
standards to qualify for certification as a commercial entry-level surface supplied
diver/tender. This certification was and is underwritten by recognition from the
Association of Dive Contractors International (ADCI).
For students to be recognized as meeting the minimum requirements, ADCI
requires attendance in an ADCI recognized training program.

This complaint alleges fraudulent breach of contract, negligent
misrepresentation and wrongful dismissal from a contracted educational program.
The fraudulent breach arises from fraudulent and deceptive practices intended to
secure enrollment of, and monies from, prospective students in a post secondary
trade school.

FRAUDULENT BREACH OF CONTRACT AND NEGLIGENT
MISREPRESENTATION
The contractual agreement is simple and straightforward. The tuition cost is
$12,000.00 plus books and equipment with $6,000.00 tuition in advance and
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$6000.00 carried on a simple interest promissory note. Books and equipment are
paid in advance, and for a non veteran paying cash, this is approximately $3500.00
In the agreement what is promised by the Respondent LLC and Respondent
Smith, hereafter referred to as IDI, is the industry standard minimum required
training to be eligible for certification as a commercial surface supplied diver/
tender. This certification must be acquired by attendance and successful completion
of a recognized commercial diving program.
This program recognition comes from only one source, the Association of Dive
Contractors International. This Association has set the standards for the
commercial diving industry. These standards are recognized, approved, and in most
cases adopted by governing authorities such as the Occupational Safety and Health
Administration, the American National Standards Institute, the United States
Coast Guard, and the National Oceanic and Atmospheric Administration.
ADCI requires a minimum of 625 clock hours of instruction with a minimum
grade of 75 out of 100 on every subject. Of the 625 hours, according to the ADCI
Consensus Standards publication (SEE APPENDIX), 317 of these required hours
are classroom lecture and 308 of these hours are hands on practical applications.
In the ADCI Consensus Standards publication it is stated precisely what
curriculum is required to meet the minimum standard. There is not a recognized or
published secondary school scheme which allows for deviation from the minimum
requirements.
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According to the ADCI Consensus Standards 2.2 Entry-Level Qualifications, the
following curriculum is required to meet the minimum industry standards. Plaintiff
has received only a small portion of the requisite training. The following is the
ADCI mandatory curriculum, which IDI contracted to furnish to Plaintiff, and the
curriculum and training received, as alleged by Plaintiff. (SEE APPENDIX)
1) Principles of Diving Physics 12.5 hrs required
(Combined by IDI with 2)
2) Formula Application 12.5 hrs required
((Combined by IDI with 1) to require 25 hrs. when combined with 1)). Plaintiff
received 9 hrs. of lecture leaving a training deficit of 16 hrs.
3) Air Decompression Tables and Decompression Procedures 30 hrs required
Plaintiff received 12hrs of lecture leaving a training deficit of 18 hrs.
4) Anatomy and Physiology Related to Diving 18 hrs required
Plaintiff received 6 hrs of lecture leaving a training deficit of 12 hrs.
5) Diving Diseases, Injuries, and Psychological Aspects 12 hrs required
Plaintiff received 3 hrs. of lecture leaving a training deficit of 9 hrs.
6) Treatment of Divers Illness and Injuries 30 hrs required
Plaintiff received 3 hrs. of lecture leaving a training deficit of 27 hrs.
7) First Aid for Divers and CPR 16 hrs required
Plaintiff received 5.5 hrs of lecture leaving a training deficit of 10.5 hrs.
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8) Noxious Gases in Enclosed Spaces 2 hrs required
Plaintiff received 0 hrs of training leaving a training deficit of 2 hrs.
9) Environmental Hazards of Diving 12 hrs required
Plaintiff received 0 hrs of training leaving a training deficit of 12 hrs.
10) Hyperbaric Chambers and Associated Equipment 16 hrs required
Plaintiff received 9 hrs. of lecture leaving a training deficit of 7 hrs.
11) Lightweight Diving Equipment Function and Nomenclature 24 hrs required
Plaintiff received 3 hrs. of lecture leaving a training deficit of 21 hrs.
12) Lightweight Diving Procedures and Techniques 40 hrs required/ Plaintiff
received 0hrs. of training leaving a training deficit of 40 hrs.
13) Operations Planning 12 hrs required/ Plaintiff received 0 hrs. of training leaving
a training deficit of 12 hrs.
14) Diving Logs, Records, and Standards for Commercial Diving Operations 12 hrs
required
Plaintiff received 0 hrs. of training leaving a training deficit of 12 hrs.
15) Drawings, Blueprint Reading, Report Writing 8 hrs required
Plaintiff received 0 hrs. of training leaving a training deficit of 8 hrs.
16) Mixed Gas Diving 30 hrs required
Plaintiff received 7 hrs. of lecture leaving a training deficit of 23 hrs.
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17) Introduction to Underwater Cutting and Welding 24 hrs required
Plaintiff received 11 hrs. of lecture leaving a training deficit of 13 hrs.
18) Industrial and Offshore Safety 6 hrs required
Plaintiff received 0 hrs of training leaving a deficit of 6 hrs.
This constitutes a classroom lecture training requirement of 317 hours with a
deficit of 248.5 hours totaling 68.5 hours of the required training received.
According to the ADCI Consensus Standards 2.3 Minimum Required Experience
and Proficiency, the following is required to meet industry standards for
certification. (SEE APPENDIX)
1) Trainee Participation in Chamber Operations 44 hrs required
Plaintiff received 1 hr. of training leaving a training deficit of 43 hrs.
2) Seamanship and Rigging Fundamentals 25 hrs required/ Plaintiff received 5 hrs.
of lecture leaving a training deficit of 20 hrs.
3) Practical Application of Seamanship and Rigging 60 hrs required
Plaintiff received 0 hrs. of training leaving a training deficit of 60 hrs.
4) Maintenance of Divers Umbilical 12 hrs required
Plaintiff received 1 hr. of training leaving a training deficit of 11 hrs.
5) Underwater Work Using Lightweight Diving Equipment 65 hrs required/
Plaintiff received +/- 120 hrs. of training leaving no training deficit.

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6) Underwater Tools 24 hrs required
Plaintiff received 1 hr. of training leaving a training deficit of 23 hrs.
7) Hot Water Systems 2 hrs required
Plaintiff received 0 hrs. of training leaving a training deficit of 2 hrs.
8) . Introduction to Topside Welding 26 hrs required
Plaintiff received 2 hrs. of training leaving a training deficit of 24 hrs.
9) Topside Welding Equipment 12 hrs required
Plaintiff received 1 hr. of training leaving a training deficit of 11 hrs.
10) Oxygen Acetylene Cutting Techniques 10 hrs required
Plaintiff received 1 hr. of training leaving a training deficit of 9 hrs.
11) Practical Application of Oxygen-Acetylene Method of Cutting 12 hrs required
Plaintiff received 0 hrs. of training leaving a training deficit of 12 hrs.
12) Marine Engines and Compressors 16 hrs required
Plaintiff received 6 hrs. of lecture leaving a training deficit of 10 hrs.
This constitutes a total of 308 hours of required instructed hands on training
with a deficit of 225 hours. When combined with the 317 hours of required
classroom lecture training this totals 625 hours of required ADCI Consensus
Standards training. With deficits of 248.5 hours and 225 hours, respectively, the
total hours training received is 206.5. The combined deficits total 473.5 hours. Of
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the 625 hours, required by ADCI Consensus Standards, 206.5 hours have been
received by Plaintiff to qualify for the certification eligibility promised by IDI.
IDI offers a 640 hour program which is claimed to be achievable in 20 weeks. The
program specifics are given to every student who attends and it is clear on the
promised instruction. The following is IDIs offered program.
1) Orientation- 10 hrs
a) Mission and goals of International Diving Institute
b) Overview and objectives of the course schedule
c) IDIs terms and conditions
d) Pass ADC physical examination
e) View school and dive site/dormitory
f) Issue professional dive equipment
g) History of diving
h) Introduction to ADC Consensus Standards
i) Introduction to physical fitness
j) Complete a hyperbaric chamber dive to 65 FSW
k) Complete a hyperbaric chamber dive to 165 FSW
2) Safety Operations for Surface Supplied Diving- 18 hrs.
a) Federal, state, and ACDE/ANSI job safety-
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b) OSHA diving regulations-
c) US Navy standards-
d) US Coast Guard standards-
e) American Red Cross/ first aid CPR-
f) Dive log book for commercial divers-
g) Documentation-
h) Drug policy- healthy work and training environment, drug and alcohol
free
3) Diving Physics- 25 hrs.
a) Objectives
b) Terms related to physics
c) Measuring the divers world
d) The gases divers use
e) The gas laws
f) Buoyancy principles
g) Physics calculations and formulas
h) Physics exercises and homework/quizzes


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4) Anatomy and Physiology- 18 hrs.
a) Terms related to anatomy and physiology
b) Systems of the body
c) Diving injuries and psychological aspects
d) Effects of pressure
5) Dive Medicine- 16 hrs.
a) Terms related to dive medicine
b) Diver ailments
c) Diving injuries and psychological aspects
d) Diving emergencies and procedures
e) Dangers of marine life
6) Decompression and Treatment Tables- 60 hrs.
a) Terms related to decompression diving
b) Decompression tables for air diving/ surface decompression
c) Dive charts tables and exercises
d) Recompression rules
e) Recompression treatment procedures
f) Practice treatment exercises
g) Examination of injured diver
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7) Hyperbaric Chamber Operations- 62 hrs.
a) Decompression chamber history
b) Hyperbaric chamber system and design
c) Drawings and schematics
d) Gas supply for chambers
e) Precautions in chamber use
f) Chamber operations procedures
g) Surface decompression using oxygen and/ or air-Nitrox
h) Lock in/ lock out procedures
i) Practical applications
8) Underwater Use of Tools and Equipment Part 1- 64 hrs.
a) Diving Equipment
b) Diving gear and type for commercial use
c) Diving hats/ masks and bailout bottles
d) Diving boxes/ manifolds and umbilicals
e) Divers protective clothing and tools
f) Safety precautions
g) Maintenance and repair
h) Log and record keeping
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i) Orientation dives
9) Diving Support Equipment- 32 hrs.
a) Maintenance of divers umbilicals
b) Marine diesel engines and compressors
c) Gas and air systems and testing and repair
d) Hydraulics systems
e) Support equipment assembly and maintenance
f) Drawings and schematics
10) Rigging Fundamentals / Practical Application- 85 hrs.
a) Construction, use, and care of fiber, synthetic, and wire rope
b) Seamanship rigging/ splicing/ knots and hitches
c) Calculation of problems for safe working load
d) Performance of underwater rigging project
e) Crane signals and directions
f) Air winches and booms
11) Underwater Use of Tools and Equipment Part 2- 65 hrs.
a) Emergency procedures for loss of gas
b) Multiple bolts and flange projects

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c) Bottom search project
d) Penetration dive
e) Hogging line project and angle descending line
f) Excavating, dredging, and airlifts
g) Airlifts and hand jetting
h) Mid-water project
i) Lifting devices
j) Introduction to freeflow helmets
k) Introduction to underwater inspection
l) Liveboating; Operational considerations and safety considerations
12) Topside Welding/Cutting- 60 hrs.
a) Application of topside welding/cutting
b) Limitations of topside welding and cutting
c) Welding/cutting techniques and components
d) Equipment for topside welding/cutting
e) Safety precautions
13) Underwater Wet Welding and Cutting- 24 hrs.
a) UW welding/cutting equipment
b) UW welding and cutting technique
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c) UW cutting and welding procedures
d) UW welding in the flat, vertical, and overhead positions
e) UW safety precautions
14) Dive Operations Planning- 12 hrs
a) Collection and analysis of data
b) Job estimation
c) Equipment selection
d) Assemble dive crew
e) Review and perform safety precautions
f) Special safety standard
15) Underwater Use of Tools and Equipment Part 3- 24 hrs.
a) Riser clamp and riser setting
b) Pipeline and bottom working applications
c) Pneumatic underwater tools and power units
d) Hydraulic tools and power units
e) Lifting devices
f) Inspection and maintenance of underwater tools
g) Ships husbandry/dry docks
h) Sea/ship and salvage
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i) Safety inspection, equipment, and procedures
j) Inland and coastal diving
16) Offshore Oilfield Diving and Operations- 28 hrs.
a) Operations of the offshore diving industry
b) History of offshore diving
c) Oilfield productions and contracts
d) Offshore terms and structures related to oil productions
e) Offshore diving personnel in operations
f) Offshore working and diving conditions
g) Offshore diving spreads and dynamic positioning
h) Types of hazards (noxious gases, biological and chemical hazards
i) Exposure to climate
j) Underwater explosions
k) Special safety precautions
l) Survival offshore
17) Mixed Gas-Surface Supply and Saturation Diving- 32 hrs.
a) History and medical aspects of mixed gas diving
b) Mixed gas diving techniques and procedures
c) Mixed gas decompression and emergency procedures
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d) Mixed gas practical applications to more than 190 FSW
e) Saturation diving theory and history
f) Saturation diving system and design
g) Hot water systems and design
h) Introduction to remotely operated vehicle
i) ROVs offshore and inland applications
j) Safety procedures and regulations
Plaintiffs participation schedule, being from December 3, 2012 until April 9,
2013, represents a total of 80 days in the program with deductions of weekends,
holidays, and the last day for graduation. When calculated from 7:00am until
3:00pm this totals 640 hours. However, when deductions are made for activities
which are not required by the ADCI Consensus Standards as prerequisites, the
actual number of IDI available program hours diminishes significantly. For
instance, one must deduct the 1 hour lunch break each day for 80 days. 640
program hours minus 80 lunch hours equals 560 program hours. From 7:00am until
8:00am the school requires all students to participate in physical training, and
while this is an important aspect of gaining success in the commercial diving
industry it is not a part of the ADCI Consensus Standards requisite 625 hours. So,
one must deduct another hour each day for 80 days. 560 program hours available
minus 80 exercise hours equals 480 program hours available. Every Friday, or
Thursday if Friday is a holiday, beginning after lunch the latter half of the day is
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spent cleaning the school. Every student was and is required to clean everything
from the parking lot to the toilets. Since this type of activity is not listed as a
requirement to meet the ADCI Consensus Standard 3 more hours per week for 20
weeks must be deducted. 20 weeks at 3 cleaning hours per week is 60 cleaning
hours. 480 available program hours available minus 60 cleaning hours equals 420
program hours available.
If IDI operated its program with perfect efficiency 420 hours is the maximum
possible amount of time that could have been applied to the contracted ADCI
requisite training. As a whole, this is grossly short of the 640 hours of training
promised, and the requisite 625 hours of training required, for certification by
ADCI.
Of the requirements determined by ADCI it is obvious what training is most
critical. By comparing the hours of required education for each subject one can
discern a level of importance.
For instance, the lengthiest subject requirement is in regards to hyperbaric
chambers. Hyperbaric Chambers and Associated Equipment require 16 hours of
classroom lecture. Treatment of Divers Illness and Injuries requires 30 hours of
classroom lecture. Trainee Participation in Chamber Operations requires 44 hours
of hands on training. This is a total of 90 hours of chamber related training.
The chamber mentioned is a hyperbaric recompression chamber. All divers and
tenders are supposed to be able to correctly and confidently operate a hyperbaric
recompression chamber, with human occupants, as this is part of the job description
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of entry level divers and tenders. The operator of the chamber could cripple or kill
the occupant in a matter of seconds or, during lengthy decompression sickness
treatments, in a matter of hours or days. For Trainee Participation in Chamber
Operations the Plaintiff and class members received a lengthy handout/ study guide
with 6 hours of lecture. The key testing points were noted and a short test followed
on the 6
th
day after the beginning of the subject. Plaintiff and class were instructed
as a group, hands on, for 1 hour which concluded training in chambers. The
Treatment of Divers Illness and Injuries topic consisted of a lengthy handout/ study
guide with 6 hours of lecture. The key testing points were noted and a short test
followed on the 3
rd
day after the beginning of the subject. The hyperbaric chambers
related required instruction totals 90 hours. Plaintiff received 12 hours of
instruction. This is a training deficit of 78 hours in required chambers related
instruction alone.
The second lengthiest training requirement is Seamanship and Rigging
Fundamentals which requires 25 hours of hands on instruction. Practical
Application of Seamanship and Rigging requires 60 hours of hands on instruction.
This totals 85 hours of instruction just in rigging. There are specific reasons for this
determination. If one were to improperly set rigging on an object to be lifted he
could cause his own death. Even more tragic than his death would be the death of
others or possibly sinking a vessel and possibly causing the deaths of many.
Plaintiff and class members received 5 hours of lecture instruction. The lengthy
handout/ study guide was read aloud in class and the key testing points were noted.
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There was a 25 or 30 question test on the 3
rd
day after beginning the subject. Part of
the testing requirements was to tie 6 knots. The instructor elected to not enforce
this requirement. There were no further requirements or rigging projects. This
constitutes a training deficit of 80 hours in required rigging related instruction.
Chambers and rigging deficits total 158 hours of critically important training. 78
hours plus 80 hours equals 158 hours.
In order to use the hyperbaric chamber or to even suit up and make a dive one
must know and understand how to use the decompression tables. Air
Decompression Tables and Decompression Procedures require 30 hours of lecture
training. Plaintiff and class received 9 hours of lecture instruction. Multiple
handouts/ study guides were issued and multiple problems were solved on the
chalkboard. Key points and rules were noted. There was a short test on the 6
th
day
after beginning the subject. This constitutes a training deficit of 21 hours. When
combined with the previous 158 hours this totals a deficit of 176 hours of critical
training.
These examples are a fair representation of how the program is conducted at IDI.
Plaintiff did ask about the instruction shortages many times and was told that IDI
graduates were preferred in the industry because they have more educational dive
time. The time that was missed in class would be made up with diving. Whenever
conversations about shortages were overheard by IDI staff, the staff became
agitated and would break up the conversation.
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Plaintiff believes he logged 20 dives while at IDI. To dive basically requires a
whole morning or a whole afternoon. A whole morning or afternoon constitutes 3
hours. This means Plaintiff spent at least 60 hours setting up the dive station,
diving, and breaking down the dive station. Plaintiffs class consisted of 4 men. Not
all 4 men could dive in a morning or afternoon due to time constraints. Since all
classmates are required to make identical dives it is obvious that Plaintiff spent at
least another 60 hours helping to set up and break down the dive station. This
would constitute 120 hours of received hands on training, though much of it was
unsupervised.
Even under IDIs training scheme to increase educational dive time and shorten
the prerequisites for certification by ADCI, IDI is still grossly short of their promise
to their students. IDI promised 153 combined hours of training in their 3 part
schedule of Underwater Use of Tools and Equipment but 14 of the topics promised
therein were completely absent.
WRONGFUL DISMISSAL
The Plaintiff was not officially reprimanded during his time in the program and
had no scholastic issues or problems. IDI has a policy that requires a student who
fails a test or is tardy or absent too many times to be placed on academic probation.
Plaintiff is unclear how the policy works to help a student with chronic problems as
Plaintiff was never placed on this academic probation.
The school policy on absenteeism and tardiness is straight forward and easily
understood. Plaintiffs attendance record was good enough to not be reprimanded or
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placed on the academic probation. Furthermore, it is obvious that there is a
timeframe between being placed on academic probation and some further action,
presumably to be able to correct some deficiency. If this policy is to exist and be
regularly implemented within the program, propriety demands that the policy apply
equally to all students.
One of Plaintiffs classmates was absent a total of 12 days between the dates of
December 3, 2012 and April 9, 2013. He was placed on academic probation more
than 1 time and allowed to stay beyond the graduation date to make up his missed
time. This is clearly against IDI policy as a student is permitted 5 days of excused
absences before dismissal from the program without exception.
Plaintiff had completed all required program tasks, successfully passed all
required curriculum tests, and was ready for the final exam when dismissed from
the program. Two days before the final exam the administration claimed that
Plaintiff was behind by 44 program hours. Plaintiff contends the claim to be
fabricated as there is no indication in the record of any formal or informal
individual warning or notification concerning Plaintiff specifically and no academic
probation was initiated. IDI policy requires any missed time be made up within 8
school days or a student is to be placed on academic probation. This 8 day rule is
posted on practically every wall in every room in the school. The Plaintiff was
immediately told that for $900.00 he could restart the program and take the final
exam. This process is referred to by IDI staff as feeding the cash cow. The Plaintiff
declined as it became obvious by the statements made and the manner in which
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they were made that the situation was focused on Plaintiffs previous complaints
about being shorted on the required program hours. Plaintiff was concerned about
an inappropriate manipulation of the final exam in regards to the material studied
by Plaintiff and the exam presented to him in the singular.
PLAINTIFFS CONTENTIONS
Plaintiff contends IDI is aware of the prerequisites for certification by ADCI, who
is the certifying governing authority, as IDI is periodically visited and inspected by
ADCI and must meet specific requirements to maintain their status of recognition.
Without this recognition IDI graduates would not be eligible for certification.
Plaintiff contends IDI not only fraudulently misrepresents their program to
prospective students but also fraudulently misrepresents their program to ADCI,
the governing authority, to maintain the necessary recognition of the program.
Plaintiff contends that IDI is fully aware of the impossibility of any student
completing the requisite ADCI Consensus Standard training under the schedule
and training scheme which IDI operates.
Plaintiff contends that IDI fraudulently misrepresented their program to the
South Carolina Commission on Higher Education, the state licensure authority for
post secondary schools, to acquire and maintain licensure.
Plaintiff contends that IDI fraudulently misrepresented their program to the
Veterans Administration to acquire and maintain approval for federal funding of
veteran students.
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Plaintiff contends he was singled out and verbally and mentally abused for his
complaints about IDIs program deficiencies and, without justification, suspended
from the program after completing all of the IDI program requirements except for
the final exam.
PLAINTIFFS LEGAL STANDING
A. Breach of Contract
"This being an action for the breach of contract, the burden was upon the [plaintiff]
to prove the contract, its breach, and the damages caused by such breach." Fuller v.
E. Fire & Cas. Ins. Co., 240 S.C. 75, 89, 124 S.E.2d 602, 610 (1962). "The general
rule is that for a breach of contract the defendant is liable for whatever damages
follow as a natural consequence and a proximate result of such breach." Id. "The
purpose of an award of damages for breach of contract is to put the plaintiff in as
good a position as he would have been in if the contract had been performed."
Minter v. GOCT, Inc., 322 S.C. 525, 528, 473 S.E.2d 67, 70 (Ct. App. 1996). "The
proper measure of compensation is the loss actually suffered by the plaintiff as a
result of the breach." Id.
B. Breach of Contract Accompanied by a Fraudulent Act
To recover for breach of contract accompanied by a fraudulent act, a plaintiff must
establish (1) the contract was breached; (2) the breach was accomplished with a
fraudulent intention; and (3) the breach was accompanied by a fraudulent act.
Minter, 322 S.C. at 529-30, 473 S.E.2d at 70. "In an action for breach of contract
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accompanied by a fraudulent act, the fraudulent act element is met by any act
characterized by dishonesty in fact, unfair dealing, or the unlawful appropriation of
another's property by design." Perry v. Green, 313 S.C. 250, 254, 437 S.E.2d 150,
152 (Ct. App. 1993).
To establish a claim for breach of contract accompanied by a fraudulent act, a party
must show: (1) a breach of contract; (2) fraudulent intent relating to the breaching
of the contract and not merely to its making; and (3) a fraudulent act accompanying
the breach. Conner v. City of Forest Acres, 348 S.C. 454, 465-66, 560 S.E.2d 606,
612 (2002). "Fraudulent act" is broadly defined as "any act characterized by
dishonesty in fact or unfair dealing." Id. at 466, 560 S.E.2d at 612. "'Fraud,' in this
sense, 'assumes so many hues and forms, that courts are compelled to content
themselves with comparatively few general rules for its discovery and defeat, and
allow the facts and circumstances peculiar to each case to bear heavily upon the
conscience and judgment of the court or jury in determining its presence or
absence.'" Id. (quoting Sullivan v. Calhoun, 117 S.C. 137, 139, 108 S.E. 189, 189
(1921)). Breach of contract accompanied by a fraudulent act requires proof of
fraudulent intent relating to the breaching of the contract and not merely to its
making, and such proof may or may not involve false representations. Ball v.
Canadian Am. Exp. Co., 314 S.C. 272, 276, 442 S.E.2d 620, 623 (Ct. App. 1994).
"Fraudulent intent is normally proved by circumstances surrounding the breach."
Floyd v. Country Squire Mobile Homes, Inc., 287 S.C. 51, 54, 336 S.E.2d 502, 503-04
(Ct. App. 1985). "The fraudulent act may be prior to, contemporaneous with, or
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subsequent to the breach of contract, but it must be connected with the breach itself
and cannot be too remote in either time or character." Id. at 54, 336 S.E.2d at 504.
Horton v. Wescott Land LLC (Ct. App. 2012) Opinion # 4998
C. Negligent Misrepresentation
To establish liability for negligent misrepresentation, the plaintiff must show by a
preponderance of the evidence: (1) the defendant made a false representation to the
plaintiff; (2) the defendant had a pecuniary interest in making the representation;
(3) the defendant owed a duty of care to see that he communicated truthful
information to the plaintiff; (4) the defendant breached that duty by failing to
exercise due care; (5) the plaintiff justifiably relied on the representation; and (6)
the plaintiff suffered a pecuniary loss as the proximate result of his reliance on the
representation. Quail Hill, LLC v. County of Richland, 387 S.C. 223, 240, 692 S.E.2d
499, 508 (2010); McLaughlin v. Williams, 379 S.C. 451, 456, 665 S.E.2d 667, 670
(Ct. App. 2008) (noting the elements of negligent misrepresentation must be
established by a preponderance of the evidence). Turner v. Milliman, 708 SE 2d 766
- SC: Supreme Court 2011
RELIEF SOUGHT
Plaintiff contends that he is entitled to compensation of expenses tendered in the
pursuit of the qualifications necessary for the ADCI certification which is promised
by IDI but not received. The Plaintiffs costs associated with attending the program,
being travel expenses to and from Charleston, SC, tuition, books and equipment,
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living arrangements, medical treatments, fuel costs and food costs is in excess of
$20,000.00. Plaintiff believes that he is entitled to compensation of lost wages for
the time in the program. The Plaintiff was made unavailable for a Subway
Restaurant building project that would have grossed $16,000.00 in wages for the
time he spent in the IDI program.
Plaintiff contends that he is entitled to a minimum of 50% of the costs associated
with attending IDI as punitive damages for the fraudulent breach of contract.
Plaintiff contends that he was wrongfully dismissed from the program and
entitled to a minimum of 50% of the costs associated with attending IDI as punitive
damages due to the misapplication of established IDI policy.
Plaintiff respectfully requests the cost of this cause be taxed to the Respondents
and Plaintiff be awarded reasonable costs associated with this complaint. Plaintiff
further seeks any and all other relief as deemed appropriate or necessary by This
Court.
Plaintiff respectfully requests permission, if required by any rule of procedure, to
contemporaneously present an appendix to his complaint.
CONCLUSION
The Plaintiff, in good faith, entered into a contractual agreement with IDI based
upon the promise that he would receive the necessary and appropriate education to
be eligible for ADCI certification as an entry level surface supplied diver/ tender. By
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entering into the agreement, and accepting payment based upon the agreement, IDI
obligated itself to fulfill the contract.
It is obvious that IDI had no intention of fulfilling the contractual obligations.
The required training promised by IDI is mathematically impossible to achieve as
the hours available in the program are insufficient to achieve it. Several of the
ADCI required subjects are not a part of the IDI program. This fact, in and of itself,
is a fraudulent violation of the contractual agreement.
IDI is fully aware of the ADCI required curriculum as it is reflected in its own
curriculum but its application in the program omitted. This fact confirms that the
fraud was intentional and deliberate.
The administrative policies of IDI are unevenly applied concerning tardiness,
absences, academic probations, and dismissals. Plaintiffs dismissal without the
exercise of these standing policies is evidence of his being singled out, thereby
creating an additional tort.
Respectfully submitted to This Courts Clerk via USPS Express Mail on this, the 1
st

day of April, 2014





__________________________
Lester G. Murphy Sr.
150 Plum St.
Clarksville, TN 37042
Plaintiff
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CERTIFICATE OF SERVICE




I, Lester G. Murphy Sr., hereby declare that a true and correct copy of the foregoing
complaint, with interrogatories attached, was posted by the USPS Express Mail,
postage paid, to the Respondents on April 2, 2014. One copy to The International
Diving Institute in care of Sergio Smith, President and CEO of the respondent
organization.
Respondents
International Diving Institute, LLC
Sergio Smith, President
1400 Pierside St. Bldg. 190, Suite C
North Charleston, SC
29405





Respectfully Submitted

_____________________
Lester G. Murphy Sr.
150 Plum St.
Clarksville, TN 37042
Plaintiff