Methuen MA Premises Liability - Fall Down Injury
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COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. SUPERIOR COURT
DOCKET #:
)
Plaintiffs )
v. ) COMPLAINT AND REQUEST
) FOR JURY TRIAL
)
Defendant )
1. The Plaintiff is an individual residing in City of Manchester, County of Hillsborough, State of New Hampshire and is at all times relevant hereto the lawful husband of wife.
2. The Plaintiff, wife, is an individual residing in City of Manchester, County of Hillsborough, State of New Hampshire and is at all relevant times hereto the lawful wife of injured Plaintiff.
3. The Defendant, A Super Market Company, hereinafter referred to as “Super Market”, is a Massachusetts corporation with a principle place of business located in Tewksbury, Massachusetts and a registered agent.
4. On or about May 4, 2004, while lawfully on the premises of the Super Market store in Methuen, Massachusetts, hereinafter referred to as “subject premises”, the plaintiff while retrieving a display rack in the course and scope of his employment with a Vender, from the upper level storage area of said premises, with the authority, consent and assistance of agents and/or employees of the Defendant was caused to fall through an unprotected and uncovered area of the storage area, to the floor below.
5. As a direct and proximate result of said fall the plaintiff sustained serious and permanent injuries including but not limited to a fracture of the left tibia and fibula with fracture of the posterior malleolus of the left ankle requiring surgical repair and resulting in permanent impairment and disfigurement.
6. As a direct and proximate result of the alleged occurrence the plaintiff has been caused to incur approximately Forty Two Thousand Eight Hundred and Thirty Nine Dollars ($42,839.00) in medical bills to date.
7. As a direct and proximate result of the alleged occurrence the plaintiff has sustained lost wages in the approximate amount of Nineteen Thousand Two Hundred and Ninety Dollars ($19,290.00)
8. As a direct and proximate result of the alleged occurrence the plaintiff has experienced conscious pain and suffering and continues to experience conscious pain and suffering.
9. As a direct and proximate result of the alleged occurrence the plaintiff wife has been deprived of love, affection, society and companionship of her husband.
COUNT I
10. This count is by the Plaintiff and incorporates by reference herein paragraphs one through nine inclusive and further states:
11. The defendant, Super Market, owed a duty to the plaintiff to maintain the subject premises in a reasonably safe condition, free of hazards and defects, in compliance with applicable safety standards, and to adequately warn of any such conditions.
12. The defendant, Super Market breached the duty owed to the plaintiff as alleged in paragraph 11, through acts or omissions including but not limited to; failing to use reasonable care in the design, construction and maintenance of the subject premises in general and the upper level storage area in particular, failing to adequately warn the plaintiff of dangers and hazards in said storage area, failing to provide adequate lighting and failing to provide adequate assistance to the plaintiff.
13. As a direct and proximate result of the negligence of the defendant, Super Market, the plaintiff sustained injuries and incurred medical expenses as hereinbefore described.
14. The plaintiff was at all times relevant hereto in the exercise of due care and caution and in no way contributed to his injuries.
WHEREFORE, Plaintiff requests:
1. Judgment for damages plus interest from the day of this cause of action.
2. Reasonable cost and attorney’s fees.
3. For such other and further relief as this Honorable court may deem just and proper.
The Plaintiff demands a jury to hear this cause.
COUNT II
15. This count is by the plaintiff wife for loss of consortium, and incorporates by reference herein paragraphs one through fourteen inclusive and further states:
16. The defendant, Super Market owed a duty to the plaintiff wife to maintain the subject premises in a reasonably safe condition free of hazards and defects, in compliance with applicable safety standards, and to adequately warn of any such conditions.
17. The defendant, Super Market breached the duty owed to the plaintiff wife as alleged in paragraph 16, through acts or omissions including but not limited to; failing to use reasonable care in the design, construction and maintenance of the subject premises in general and the upper level storage area in particular, failing to adequately warn the plaintiff husband of dangers and hazards in said storage area, failing to provide adequate lighting and failing to provide adequate assistance to the plaintiff.
18. As a direct and proximate result of the negligence of the defendant, Super Market the plaintiff, wife has been deprived of the love, affection, society and companionship of her husband.
19. The plaintiff wife in no way contributed to her injuries or those of her husband.
WHEREFORE, Plaintiff requests:
4. Judgment for damages plus interest from the day of this cause of action.
5. Reasonable cost and attorney’s fees.
6. For such other and further relief as this Honorable court may deem just and proper.
The Plaintiff demands a jury to hear this cause.
Date: Respectfully submitted:
Plainitffs
By their attorney
________________________________
Michael R. Feniger, Esq.
FENIGER & ULIASZ
45 Bay Street
Manchester, NH 03104
Tel.: (603) 627-5997
