HomeMy WebLinkAbout20091384.tiffWELD COUNTY
COMMISSIONERS
2009 JUN -8 P is
DISTRICT COURT WELD COUNTY, COLORADO
Court Address: 901 9th Avenue
Greeley, Colorado 80631
970-351-7300
RE C E
+ COURT USE ONLY+
Plaintiff:
CAROL BLISS, a Colorado resident,
v.
Defendants:
SOS SECURITY INCORPORATED, a New Jersey
corporation; and THE BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY.
Attorneys for Plaintiff:
E. Gregory Martin, #1064
Michael G. Martin, #14204
James E. Dallner, #36842
LATHROP & GAGE LLP
370 17th Street, Suite 4650
Denver, Colorado 80202
Telephone: 720-931-3200
Facsimile: 720-931-3201
Email: ginartin@lathropzae.coni
Case No.: 2009cv404
Division: 10
menartin@lathropQage.com
jdallner@lathrapage.com
SUMMONS
THE PEOPLE OF THE STATE OF COLORADO
TO THE DEFENDANT NAMED ABOVE:
CHAIRMAN,
THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY
You are hereby summoned and required to file with the Clerk of this Court an
answer or other response to the attached Complaint. If service of the summons and
complaint was made upon you within the State of Colorado, you are required to file your
answer or other response within 20 days after such service upon you. If service of the
summons and complaint was made upon you outside the State of Colorado, you are required
to file you answer or other response within 30 days after such service upon you.
VED
2009-1384
If you fail to file your answer or other response to the Complaint in writing within
the applicable time period, judgment by default may be entered against you by the Court for
the relief demanded in the Complaint without further notice.
The following documents are also served herewith: (1) Third Amended Complaint
and Jury Demand; and (2) Order Re: Plaintiff's Motion for Leave to File Third Amended
Complaint and Jury Demand.
DATED this 3rd day of June, 2009.
LATHROP & GAGE LLP
s/ Michael G. Martin
E. Gregory Martin, #1064
Michael G. Martin, #14204
James E. Dallner, #36842
ATTORNEYS FOR PLAINTIFF
CAROL BLISS
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DISTRICT COURT, WELD COUNTY, COLORADO
Court Address: 901 9th Avenue
Greeley, Colorado 80631
970-351-7300
4 COURT USE ONLY}
Plaintiff:
CAROL BLISS, a Colorado resident,
v.
Defendants:
SOS SECURITY INCORPORATED, a New Jersey
corporation; and THE BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY.
Attorneys for Plaintiff:
E. Gregory Martin,#1064
Michael G. Martin, #14204
James E. Dallner, #36842
LATHROP & GAGE LLP
370 17th Street, Suite 4650
Denver, Colorado 80202
Telephone: 720-931-3200
Facsimile: 720-931-3201
Email: gmartin@lathropgage.cotn
Case No.: 2009cv404
Division: 10
mntartin @ lathropgage. cant
jtlallner@lathropgage.com
THIRD AMENDED COMPLAINT AND JURY DEMAND
Plaintiff, Carol Bliss, through her attorneys Lathrop & Gage LLP, for her Third
Amended Complaint and Jury Demand alleges as follows:
INTRODUCTION
On April 2, 2008, Ms. Bliss climbed the steep marble stairs leading from the first to
the second floors in the Weld County Courthouse. Immediately upon reaching the top of the
stairs, and while waiting to proceed through the security checkpoint operated by employees
of Defendant SOS Security, Ms. Bliss was instructed by security guards to "step back."
When she followed the instructions, Ms. Bliss fell down the entire flight of marble steps to
the first floor resulting in severe and permanent injuries that required several
hospitalizations and extensive rehabilitation. Several people have fallen down those same
steps after following instructions from the security guards, yet Defendants refuse to take any
preventative action.
Exhibit A
PARTIES AND JURISDICTION
1. Plaintiff, Carol Bliss, is a resident of Colorado.
2. Defendant SOS Security Incorporated ("SOS") is a New Jersey corporation
licensed to do business in Colorado. SOS Security's regional headquarters is located at
2882 S. 315' Avenue, Building 4, Suite 200, Greeley, Colorado 80631.
3. Defendant The Board of County Commissioners of Weld County ("Weld
County") is a Colorado governmental agency acting by and through the Board of County
Commissioners.
4. Venue and jurisdiction are proper in this Court as at least one of the
Defendants resides in Weld County and Defendants' negligence occurred in Weld County.
GENERAL ALLEGATIONS
5. On April 2, 2008, Carol Bliss accompanied her daughter to the Weld County
Courthouse. Ms. Bliss remained there throughout the day, leaving only when the court was
in recess.
6. At approximately 5:00 p.m., Ms. Bliss was returning to a courtroom located
on the second floor of the Courthouse. To reach the second floor, she used a flight of
marble steps.
7. A security station and metal detector was situated immediately at the top of
the marble staircase. The security station was set up between two columns, and each person
entering the second floor from the marble staircase was required to pass through the metal
detector.
8. The metal detector was situated between a long desk and a scan table. The
long desk ran parallel to the staircase, beginning at the column and ending at the metal
detector. The scan table, which was used to pass personal belongings through the scanner,
filled the space between the metal detector and the other column.
9. The metal detector, scan table and long desk were only a short distance from
the top of the staircase.
10. Upon information and belief it is alleged that Defendant Weld County
designed the layout of the second floor security station, and Defendant SOS operated the
security station. On April 2, 2008, several SOS security guards were operating the second
floor security station and metal detector at the top of the marble staircase.
11. Ms. Bliss had been up and down the same marble steps and through the same
security checkpoint several times that day. Because she is 72 years old, it took Ms. Bliss a
little extra time to walk up the stairs and proceed through security.
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12. When she reached the top of the stairs, Ms. Bliss was awaiting her turn to go
through the metal detector when Defendant SOS' security guards instructed her to "step
back."
13. When Ms. Bliss followed the instructions, she fell down the entire flight of
marble steps to the first floor.
14. Ms. Bliss was not the first person to fall down the stairs leading to the second
floor checkpoint. Although other individuals had fallen down the stairs, Defendant SOS'
security guards continued to instruct people to move away from the metal detector and
toward the stairs without regard to their safety.
15. Due to the design and location of the second floor security checkpoint, the
checkpoint was a dangerous condition. Defendant Weld County created the dangerous
condition and knew, upon the exercise of reasonable care should have known, about the
dangerous condition before April 2, 2008.
16. After the fall, Ms. Bliss was taken via ambulance to Northern Colorado
Medical Center where she was hospitalized for five days from April 2, 2008 to April 6,
2008.
17. As a result of the fall, Ms. Bliss suffered serious and permanent injuries,
including a compound fracture of her left wrist and a compound fracture of her left humerus.
Both fractures required surgical intervention to set.
18. On April 16, 2008, Ms. Bliss was forced to return to the emergency
department for a second surgery. Ms. Bliss was hospitalized for another five days from
April 16th through April 20th. On the 25th of April, Ms. Bliss was readmitted due to
significant debilitation, and she spent another six days in the hospital from April 25th
through April 30th. The injuries also required several follow-up visits occurring on April
24th, May 7th, June 10th, and July 23, 2008. Furthermore, Ms. Bliss was under medically
prescribed home care for several weeks following the fall.
19. Ms. Bliss' injuries prevent her from lifting with her left arm or reaching
behind her back with the left arm. These limitations are magnified by the fact that she is
left-handed and that she lives alone.
20. As a result of her injuries, Ms. Bliss incurred substantial medical expenses
related to the hospitalization, follow-up treatment and rehabilitation.
FIRST CLAIM FOR RELIEF
(Negligence Against SOS)
21. Ms. Bliss incorporates the allegations in Paragraphs 1 through 20 of this
Complaint into this first claim for relief.
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22. Defendant SOS owed Ms. Bliss a duty to use reasonable care in operating the
security checkpoints and metal detectors in the Weld County Courthouse.
23. The SOS security guards at the second floor monitoring station knew or
should have known that Ms. Bliss was advanced in years; that earlier she had experienced
some difficulty in coming up the steep stairs; and that there had been other incidents of
people falling down the steps.
24. Defendant SOS knew or should have known that instructing Ms. Bliss to step
back from the metal detector and toward the stairs created an unreasonable risk of injury and
reasonably foreseeable harm.
25. At all relevant times, the SOS security guards were acting within the course
and scope of their employment with SOS.
26. Defendant SOS breached its duty of care and was negligent in operating the
security checkpoint and in instructing Ms. Bliss to "step back."
27. Defendant SOS' breach of its duty was a proximate cause of Ms. Bliss'
damages.
SECOND CLAIM FOR RELIEF
(Premises Liability Against Weld County)
28. Ms. Bliss incorporates the allegations in Paragraphs 1 through 27 of this
Complaint into this second claim for relief.
29. Ms. Bliss sustained injuries, damages and losses
30. Defendant Weld County failed to use reasonable care with respect to a
danger on the property which it created and actually knew about before Ms. Bliss incurred
any injuries, damages and losses.
31.
and losses.
Defendant Weld County's failure was a cause of Ms. Bliss' injuries, damages
PRAYER FOR RELIEF
WHEREFORE, Plaintiff, Carol Bliss, requests this Court to enter judgment against
Defendants SOS Security Incorporated and The Board of Commissioners of Weld County
upon the claims for relief asserted above, including and without limitation, actual and
consequential damages, interest, costs, fees, and other relief this Court deems proper.
PLAINTIFF REQUESTS A TRIAL BY JURY ON ALL ISSUES SO TRIABLE
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DATED this 1'" day of June, 2009.
LATHROP & GAGE LLP
s/ Michael G. Martin
E. Gregory Martin, #1064
Michael G. Martin, #14204
James E. Dallner, #36842
ATTORNEYS FOR PLAINTIFF
CAROL BLISS
Plaintiff's Address:
Carol Bliss
3200 E. 168th Ave
Brighton, Colorado 80601
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DISTRICT COURT, WELD COUNTY, COLORADO
Court Address: 901 9th Avenue
Greeley, Colorado 80631
970-351-7300
Plaintiff:
CAROL. BLISS, a Colorado resident.
Defendants:
SOS SECURITY INCORPORATED, a New Jersey
corporation: and THE BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY.
EFILED Document— District Court
t U09CV
101
:O Weld County District Court 19th [ID
Filing Date:.lun 2 2009 2:02PM MDIF
I fling ID: 25459339
+ COURT USE ONLY+
Case No.: 2009cv404
Division: 10
ORDER RE: PLAINTIFF'S MOTION FOR LEAVE TO FILE
THIRD AMENDED COMPLAINT AND JURY DEMAND
THIS COURT. having reviewed Plaintiffs Motion for Leave to File Third Amended
Complaint and Jury Demand, and being fully advised in the circumstances
HEREBY GRANTS Plaintiff's Motion and ORDERS that the Third Amended
Complaint and Jury Demand is hereby accepted by this Court,
DATED: JUN 0 2 2009
BY THE; COURT:
DISTRICT COURT JUDGE
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