NOTICE OF ELECTRONIC FILING

Transcription

1 AlaFile E-Notice 01-CV To: GLENDA GALE COCHRAN NOTICE OF ELECTRONIC FILING IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA DARRYLE JEROME BROWN ET AL V. ALABAMA GAS CORPORATION ET AL 01-CV The following complaint was FILED on 12/23/2013 1:01:01 PM Notice Date: 12/23/2013 1:01:01 PM ANNE-MARIE ADAMS CIRCUIT COURT CLERK JEFFERSON COUNTY, ALABAMA JEFFERSON COUNTY, ALABAMA 716 N. RICHARD ARRINGTON BLVD. BIRMINGHAM, AL

2 State of Alabama Unified Judicial System Form ARCiv-93 Rev.5/99 COVER SHEET CIRCUIT COURT - CIVIL CASE (Not For Domestic Relations Cases GENERAL INFORMATION Case Number: 01-CV Date of Filing: 12/23/2013 ELECTRONICALLY FILED 12/23/2013 1:01 PM 01-CV CIRCUIT COURT OF JEFFERSON Judge COUNTY, Code: ALABAMA ANNE-MARIE ADAMS, CLERK IN THE CIRCUIT OF JEFFERSON COUNTY, ALABAMA DARRYLE JEROME BROWN ET AL v. ALABAMA GAS CORPORATION ET AL First Plaintiff: Business Government Individual Other First Defendant: Business Government Individual Other NATURE OF SUIT: TORTS: PERSONAL INJURY WDEA - Wrongful Death TONG - Negligence: General TOMV - Negligence: Motor Vehicle TOWA - Wantonnes TOPL - Product Liability/AEMLD TOMM - Malpractice-Medical TOLM - Malpractice-Legal TOOM - Malpractice-Other TBFM - Fraud/Bad Faith/Misrepresentation TOXX - Other: TORTS: PERSONAL INJURY TOPE - Personal Property TORE - Real Property OTHER CIVIL FILINGS ABAN - Abandoned Automobile ACCT - Account & Nonmortgage APAA - Administrative Agency Appeal ADPA - Administrative Procedure Act ANPS - Adults in Need of Protective Services OTHER CIVIL FILINGS (cont'd MSXX - Birth/Death Certificate Modification/Bond Forfeiture Appeal/Enforcement of Agency Subpoena/Petition to Preserve CVRT - Civil Rights COND - Condemnation/Eminent Domain/Right-of-Way CTMP-Contempt of Court CONT-Contract/Ejectment/Writ of Seizure TOCN - Conversion EQND- Equity Non-Damages Actions/Declaratory Judgment/Injunction Election Contest/Quiet Title/Sale For Division CVUD-Eviction Appeal/Unlawfyul Detainer FORJ-Foreign Judgment FORF-Fruits of Crime Forfeiture MSHC-Habeas Corpus/Extraordinary Writ/Mandamus/Prohibition PFAB-Protection From Abuse FELA-Railroad/Seaman (FELA RPRO-Real Property WTEG-Will/Trust/Estate/Guardianship/Conservatorship COMP-Workers' Compensation CVXX-Miscellaneous Circuit Civil Case ORIGIN: F INITIAL FILING A APPEAL FROM DISTRICT COURT O OTHER R REMANDED T TRANSFERRED FROM OTHER CIRCUIT COURT HAS JURY TRIAL BEEN DEMANDED? Yes No RELIEF REQUESTED: MONETARY AWARD REQUESTED NO MONETARY AWARD REQUESTED ATTORNEY CODE: COC001 12/23/2013 1:01:01 PM /s/ GLENDA GALE COCHRAN MEDIATION REQUESTED: Yes No Undecided

3 ELECTRONICALLY FILED 12/23/2013 1:01 PM 01-CV CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA ANNE-MARIE ADAMS, CLERK IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA DARRYLE JEROME BROWN, by and through his mother and next friend BEVERLY JOHNSON, v. Plaintiff, ALABAMA GAS CORPORATION; HOUSING AUTHORITY OF THE BIRMINGHAM DISTRICT; FICTITIOUS DEFENDANTS, A, B, C, and D, whether singular or plural, being those persons, corporations, partnerships, or other legal entities whose negligent and/or wanton acts caused or contributed to the explosion and events that caused the injuries to the Plaintiff; FICTITIOUS DEFENDANTS E, F, G, and H, whether singular or plural, being those persons, corporations, partnerships, or other legal entities who owned or were responsible for maintaining or ensuring the safety of the property and/or any equipment in and around the Marks Village Apartments in Birmingham, Alabama, connected to or related to the events and explosion that caused the injuries to the Plaintiff; FICTITIOUS DEFENDANTS I, J, K, and L, whether singular or plural, being those persons, corporations, partnerships, or other legal entities who designed, manufactured, and/or sold equipment and other products that caused or contributed to the injuries to the Plaintiff; FICTITIOUS DEFENDANTS M, N, O, and P, whether singular or plural, being those persons, corporations, partnerships, or other legal entities who by statute, agreement, contract, undertaking or otherwise were responsible for the maintenance and/or safety of the natural gas distribution lines and equipment in and around the Marks Village Apartments in Birmingham, Alabama, including but not limited to inspecting, maintaining, correcting hazardous or dangerous conditions in, repairing, and/or replacing said natural gas distribution lines and equipment, and whose failure to properly inspect, maintain, JURY TRIAL DEMANDED

4 repair, and/or replace said natural gas lines and equipment caused injuries to Plaintiff; FICTITIOUS DEFENDANTS Q, R, S, and T being those persons, corporations, partnerships, or other legal entities, other than those entities described above, who are the predecessors or successors in interest of those entities described above. Plaintiff avers that the identity of the fictitious party defendants is otherwise unknown to Plaintiff at this time, or, if their names are known to Plaintiff at this time their identities as proper party defendants is not known to Plaintiff at this time; but their true names will be substituted by amendment when the aforesaid lacking knowledge is ascertained, Defendants. COMPLAINT COMES NOW, the Plaintiff, Darryle Jerome Brown, by and through his mother and next friend Beverly Johnson, in the above-styled cause and for his Complaint states as follows: PARTIES 1. The Plaintiff, Darryle Jerome Brown, is a resident of the Jefferson County, Alabama. Darryle Jerome Brown brings this action by and through his next friend and mother Beverly Johnson. 2. The Defendant, Alabama Gas Corporation (hereinafter Alagasco, upon information and belief, is an Alabama corporation with its principal place of business in Birmingham, Alabama. 3. Defendant Housing Authority of the Birmingham District (hereinafter HABD, upon information and belief, is a housing authority organized pursuant to Alabama Code (1975 et seq. operating in Jefferson County, Alabama. 2

5 4. Fictitious Defendants A, B, C, and D, whether singular or plural, being those persons, corporations, partnerships, or other legal entities whose negligent and/or wanton acts caused or contributed to the explosion and events that caused the injuries to the Plaintiff. 5. Fictitious Defendants E, F, G, and H, whether singular or plural, being those persons, corporations, partnerships, or other legal entities who owned or were responsible for maintaining or ensuring the safety of the property and/or any equipment in and around the Marks Village Apartments in Birmingham, Alabama, connected to or related to the events and fire that caused the injuries to the Plaintiff. 6. Fictitious Defendants I, J, K, and L, whether singular or plural, being those persons, corporations, partnerships, or other legal entities who designed, manufactured, and/or sold equipment and other products that caused or contributed to the injuries to the Plaintiff. 7. Fictitious Defendants M, N, O, and P, whether singular or plural, being those persons, corporations, partnerships, or other legal entities who by statute, agreement, contract, undertaking or otherwise were responsible for the maintenance and/or safety of the natural gas distribution lines and equipment in and around the Marks Village Apartments in Birmingham, Alabama, including but not limited to inspecting, maintaining, correcting hazardous or dangerous conditions in, repairing, and/or replacing said natural gas distribution lines and equipment, and whose failure to properly inspect, maintain, repair, and/or replace said natural gas lines and equipment caused injuries to Plaintiff. 8. Fictitious Defendants Q, R, S, and T, whether singular or plural, being those persons, corporations, partnerships, or other legal entities, other than those entities described 3

6 above, who are the predecessors or successors in interest of to the named and fictitious defendants described herein. JURISDICTION 9. This Court has jurisdiction pursuant to , Alabama Code 1975, as the amount in controversy in this action exceeds $10,000, exclusive of interest and costs. VENUE 10. Pursuant to 6-3-7, Ala. Code 1975, venue is proper in Jefferson County as said county is where the acts and omissions which constitute or form the basis of this action. FACTS 11. In the early morning hours of December 17, 2013, an explosion occurred in or near the Marks Village Apartments in the Gate City neighborhood of Birmingham, Alabama. 12. At the time of the subject explosion, Darryle Jerome Brown was inside one of the Mark Village Apartment buildings with his fiancé, Tyrennis Laval Mabry. 13. The subject explosion severely damaged the building where Darryle Jerome Brown was located, causing him extensive injuries, and ultimately killing Tyrennis Laval Mabry. 14. Upon information and belief, the subject explosion was caused by a natural gas leak. 15. Defendant Alagasco was the natural gas provider in the Gate City neighborhood. Prior to the subject explosion, Defendant Alagasco had received notice through numerous complaints of natural gas leaks in the Gate City area, including but not limited to leaks in and around the Marks Village Apartments. As the natural gas provider, Defendant 4

7 Alagasco was responsible for the maintenance and safety of natural gas distribution lines and equipment in the area. 16. The subject explosion was the result of the negligence and/or wantonness of Defendant Alagasco, including but not limited to: (1 its failure to adequately investigate reports of natural gas leaks in the Gate City area, including but not limited to leaks in natural gas distribution lines and equipment in and around the Marks Village Apartments; (2 its failure to correct natural gas leaks and other hazardous conditions in said natural gas lines and equipment; (3 its failure to properly inspect, maintain, repair, and/or replace the natural gas distribution lines and equipment in the Gate City area, including but not limited to leaks in natural gas distribution lines and equipment in and around the Marks Village Apartments; (4 its failure to take adequate and/or necessary steps and actions to properly warn and protect the public, including but not limited to occupants of the Marks Village Apartments, from danger; and (5 its failure to take adequate and/or necessary steps to reduce the hazards to which the occupants of the Marks Village Apartments were subjected by reason of its equipment and facilities. 17. The negligence and/or wantonness of Defendant Alagasco was a proximate cause of the subject explosion and Plaintiff Darryle Jerome Brown s injuries. 18. The subject explosion was also the result of the negligence and/or wantonness of Defendant HADB, which had a duty to inspect, warn, and/or make safe any dangerous conditions at the Marks Village Apartments as the owner/lessor/manager of said premises. 19. The subject explosion was also caused by the negligent and wanton acts of Fictitious Defendants A-P as described hereinabove. 5

8 20. Fictitious Defendants Q-T, as the predecessors or successors in interest to the named and fictitious defendants described herein, are liable for the conduct of said defendants. COUNT I NEGLIGENCE DEFENDANT ALAGASCO 21. Plaintiff hereby incorporates by reference all preceding allegations as if fully set forth herein. 22. Defendant Alagasco breached a duty of due care to Plaintiff in multiple respects, including, but not limited to: (1 its failure to adequately investigate reports of natural gas leaks in the Gate City area, including but not limited to leaks in natural gas distribution lines and equipment in and around the Marks Village Apartments; (2 its failure to correct natural gas leaks and other hazardous conditions in said natural gas lines and equipment; (3 its failure to properly inspect, maintain, repair, and/or replace the natural gas distribution lines and equipment in the Gate City area, including but not limited to leaks in natural gas distribution lines and equipment in and around the Marks Village Apartments; (4 its failure to take adequate and/or necessary steps and actions to properly warn and/or protect occupants of the Marks Village Apartments from danger; (5 its failure to take adequate and/or necessary steps to reduce the hazards to which the occupants of the Marks Village Apartments were subjected by reason of its equipment and facilities. 23. Defendant Alagasco s failure to comply with its duties constitutes negligence. 24. Defendant Alagasco s breaches of duty combined and concurred with other wrongful conduct to proximately cause Plaintiff s injuries. 6

9 WHEREFORE Plaintiff claims compensatory and punitive damages for his injuries resulting from said incident, including, but not limited to, past and future medical expenses, past and future physical pain and suffering, present and future mental anguish, permanent injuries and disabilities, disfigurement, loss of enjoyment of life and other hedonic damages, damages resulting from the exacerbation of prior medical conditions and/or injuries, loss of personal property, loss of use and enjoyment of personal property, and such other compensatory damages as may be shown, in an amount to be determined by a jury, and costs, expenses and fees, and such other equitable relief as may be allowed by law. COUNT II WANTONNESS DEFENDANT ALAGASCO 25. Plaintiff hereby incorporates by reference all preceding allegations as if fully set forth herein. 26. Prior to the subject explosion on December 17, 2013, Defendant Alagasco had superior knowledge of the dangers, defects, hazards and/or risks associated with natural gas distribution lines and equipment in the Gate City area, including but not limited to natural gas distribution lines and equipment in and around the Marks Village Apartments, as well as hazards and/or risks associated with natural gas. 27. Prior to the subject explosion on December 17, 2013, Defendant Alagasco received notice in the form of numerous complaints and knew that there were natural gas leaks in the Gate City area, including but not limited to leaks in and around the Marks Village Apartments. 28. Defendant Alagasco knew or should have known, before the date of the incident that injured the Plaintiff, that this type of explosion could occur. 7

10 29. Defendant Alagasco, despite this knowledge, consciously and recklessly disregarded the rights and safety of others, including Plaintiff, through its actions, including but not limited to: (1 its failure to adequately investigate reports of natural gas leaks in the Gate City area, including but not limited to leaks in natural gas distribution lines and equipment in and around the Marks Village Apartments; (2 its failure to correct natural gas leaks and other hazardous conditions in said natural gas lines and equipment; (3 its failure to properly inspect, maintain, repair, and/or replace the natural gas distribution lines and equipment in the Gate City area, including but not limited to leaks in natural gas distribution lines and equipment in and around the Marks Village Apartments; (4 its failure to take adequate and/or necessary steps and actions to properly warn and/or protect occupants of the Marks Village Apartments from danger; (5 its failure to take adequate and/or necessary steps to reduce the hazards to which the occupants of the Marks Village Apartments were subjected by reason of its equipment and facilities. 30. Defendant Alagasco s wanton conduct combined and concurred with other wrongful conduct to proximately cause Plaintiff s injuries. WHEREFORE Plaintiff claims compensatory and punitive damages for his injuries resulting from said incident, including, but not limited to, past and future medical expenses, past and future physical pain and suffering, present and future mental anguish, permanent injuries and disabilities, disfigurement, loss of enjoyment of life and other hedonic damages, damages resulting from the exacerbation of prior medical conditions and/or injuries, loss of personal property, loss of use and enjoyment of personal property, and such other compensatory damages as may be shown, in an amount to be determined by a jury, and costs, expenses and fees, and such other equitable relief as may be allowed by law. 8

11 COUNT III NEGLIGENCE PER SE DEFENDANT ALAGASCO 31. Plaintiff hereby incorporates by reference all preceding allegations as if fully set forth herein. 32. Defendant Alagasco s negligent and wanton conduct described herein also breached a duty of care to Plaintiff by violation of local, state, and national laws, regulations, ordinances, fire codes, industry standards, and/or safety codes. 33. Plaintiff is within the class of persons intended to be protected by said laws, regulations, ordinances, industry standards and/or safety codes, and is among the class of persons to whom such duty ran. 34. Plaintiff s injuries are the type of harm intended to be prevented by such laws, regulations, ordinances, industry standards and/or safety codes. 35. The negligent and/or wanton breach of duty by Defendant Alagasco constitutes negligence per se. 36. The negligent and/or wanton breach of duty by Defendant Alagasco combined and concurred with other wrongful conduct to proximately cause injuries and damages to Plaintiff as previously described. WHEREFORE Plaintiff claims compensatory and punitive damages for his injuries resulting from said incident, including, but not limited to, past and future medical expenses, past and future physical pain and suffering, present and future mental anguish, permanent injuries and disabilities, disfigurement, loss of enjoyment of life and other hedonic damages, damages resulting from the exacerbation of prior medical conditions and/or injuries, loss of personal property, loss of use and enjoyment of personal property, and such other compensatory damages 9

12 as may be shown, in an amount to be determined by a jury, and costs, expenses and fees, and such other equitable relief as may be allowed by law. COUNT IV NEGLIGENCE, WANTONNESS, and NEGLIGENCE PER SE DEFENDANT HABD 37. Plaintiff hereby incorporates by reference all preceding allegations as if fully set forth herein. 38. Defendant HABD owned, leased, managed and/or was otherwise responsible for the Marks Village Apartments. 39. Prior to the subject explosion on December 17, 2013, Defendant HABD had superior knowledge of the dangers, defects, and hazards in and around the Marks Village Apartments. 40. Despite its knowledge, Defendant HABD consciously and recklessly disregarded the rights and safety of others, and negligently and wantonly breached a duty of due care to Plaintiff in multiple respects, including, but not limited to, failing to properly inspect, maintain, repair, and or warn regarding hazards within the Marks Village Apartments. 41. Defendant HABD s negligent and wanton conduct described herein also breached a duty of care to Plaintiff by violation of local, state, and national laws, regulations, ordinances, fire codes, industry standards, and/or safety codes. Plaintiff is within the class of persons intended to be protected by said laws, regulations, ordinances, industry standards and/or safety codes, and is among the class of persons to whom such duty ran. Plaintiff s injuries are the type of harm intended to be prevented by such laws, regulations, ordinances, industry standards and/or safety codes. 10

13 42. Defendant HABD s negligent and wanton conduct described herein combined and concurred with other wrongful conduct to proximately cause Plaintiff s injuries. WHEREFORE Plaintiff claims compensatory and punitive damages for his injuries resulting from said incident, including, but not limited to, past and future medical expenses, past and future physical pain and suffering, present and future mental anguish, permanent injuries and disabilities, disfigurement, loss of enjoyment of life and other hedonic damages, damages resulting from the exacerbation of prior medical conditions and/or injuries, loss of personal property, loss of use and enjoyment of personal property, and such other compensatory damages as may be shown, in an amount to be determined by a jury, and costs, expenses and fees, and such other equitable relief as may be allowed by law. COUNT V PREMISES LIABILITY DEFENDANT HABD 43. Plaintiff hereby incorporates by reference all preceding allegations as if fully set forth herein. 44. Defendant HABD had a duty to inspect, warn, and/or make safe any dangerous conditions on the Marks Village Apartments premises. 45. Defendant HABD breached that duty by failing to investigate, inspect, warn or make safe the dangerous conditions. 46. Defendant HABD s breach of its duties combined and concurred with other wrongful conduct to proximately cause Plaintiff s injuries. WHEREFORE Plaintiff claims compensatory and punitive damages for his injuries resulting from said incident, including, but not limited to, past and future medical expenses, past 11

14 and future physical pain and suffering, present and future mental anguish, permanent injuries and disabilities, disfigurement, loss of enjoyment of life and other hedonic damages, damages resulting from the exacerbation of prior medical conditions and/or injuries, loss of personal property, loss of use and enjoyment of personal property, and such other compensatory damages as may be shown, in an amount to be determined by a jury, and costs, expenses and fees, and such other equitable relief as may be allowed by law. COUNT VI NEGLIGENCE, WANTONNESS, and NEGLIGENCE PER SE FICTITIOUS DEFENDANTS A-D 47. Plaintiff hereby incorporates by reference all preceding allegations as if fully set forth herein. 48. Fictitious Defendants A, B, C, and D committed negligent and/or wanton acts which caused or contributed to the explosion and events that caused the injuries to the Plaintiff. 49. Prior to the subject explosion on December 17, 2013, Fictitious Defendants A, B, C, and D had superior knowledge of the dangers, defects, and hazards in and around the Marks Village Apartments. 50. Despite its knowledge, Fictitious Defendants A, B, C, and D consciously and recklessly disregarded the rights and safety of others, and negligently and wantonly breached a duty of due care to Plaintiff in multiple respects. 51. Fictitious Defendants A, B, C, and D s negligent and wanton conduct described herein also breached a duty of care to Plaintiff by violation of local, state, and national laws, regulations, ordinances, fire codes, industry standards, and/or safety codes. Plaintiff is within the class of persons intended to be protected by said laws, regulations, ordinances, 12

15 industry standards and/or safety codes, and is among the class of persons to whom such duty ran. Plaintiff s injuries are the type of harm intended to be prevented by such laws, regulations, ordinances, industry standards and/or safety codes. 52. Fictitious Defendants A, B, C, and D s negligent and wanton conduct described herein combined and concurred with other wrongful conduct to proximately cause Plaintiff s injuries. WHEREFORE Plaintiff claims compensatory and punitive damages for his injuries resulting from said incident, including, but not limited to, past and future medical expenses, past and future physical pain and suffering, present and future mental anguish, permanent injuries and disabilities, disfigurement, loss of enjoyment of life and other hedonic damages, damages resulting from the exacerbation of prior medical conditions and/or injuries, loss of personal property, loss of use and enjoyment of personal property, and such other compensatory damages as may be shown, in an amount to be determined by a jury, and costs, expenses and fees, and such other equitable relief as may be allowed by law. COUNT VII NEGLIGENCE, WANTONNESS, and NEGLIGENCE PER SE FICTITIOUS DEFENDANTS E-H 53. Plaintiff hereby incorporates by reference all preceding allegations as if fully set forth herein. 54. Fictitious Defendants E, F, G, and H owned or were otherwise responsible for maintaining or ensuring the safety of the property and/or any equipment in and around the Marks Village Apartments in Birmingham, Alabama. 13

16 55. Prior to the subject explosion on December 17, 2013, Fictitious Defendants E, F, G, and H had superior knowledge of the dangers, defects, and hazards in and around the Marks Village Apartments. 56. Despite its knowledge, Fictitious Defendants E, F, G, and H consciously and recklessly disregarded the rights and safety of others, and negligently and wantonly breached a duty of due care to Plaintiff in multiple respects, including, but not limited to, failing to properly inspect, maintain, repair, and or warn regarding hazards within the Marks Village Apartments. 57. Fictitious Defendants E, F, G, and H s negligent and wanton conduct described herein also breached a duty of care to Plaintiff by violation of local, state, and national laws, regulations, ordinances, fire codes, industry standards, and/or safety codes. Plaintiff is within the class of persons intended to be protected by said laws, regulations, ordinances, industry standards and/or safety codes, and is among the class of persons to whom such duty ran. Plaintiff s injuries are the type of harm intended to be prevented by such laws, regulations, ordinances, industry standards and/or safety codes. 58. Fictitious Defendants E, F, G, and H s negligent and wanton conduct described herein combined and concurred with other wrongful conduct to proximately cause Plaintiff s injuries. WHEREFORE Plaintiff claims compensatory and punitive damages for his injuries resulting from said incident, including, but not limited to, past and future medical expenses, past and future physical pain and suffering, present and future mental anguish, permanent injuries and disabilities, disfigurement, loss of enjoyment of life and other hedonic damages, damages resulting from the exacerbation of prior medical conditions and/or injuries, loss of personal 14

17 property, loss of use and enjoyment of personal property, and such other compensatory damages as may be shown, in an amount to be determined by a jury, and costs, expenses and fees, and such other equitable relief as may be allowed by law. COUNT VIII AEMLD and NEGLIGENT DESIGN, MANUFACTURE, AND/OR WARNING-- FICTITIOUS DEFENDANTS I-L 59. Plaintiff hereby incorporates by reference all preceding allegations as if fully set forth herein. 60. Fictitious Defendants I, J, K, and L designed, manufactured, and/or sold equipment and other products that caused or contributed to the injuries to the Plaintiff. 61. The subject equipment and related and component parts were without substantial change in their condition from the time of their design, manufacture, and sale to the time of the incident which is the subject of this action. 62. The subject equipment and/or its component and related parts were defective in that they were unreasonably dangerous when put to their intended use as a result of defective design, manufacturing defect and/or failure in warnings and instructions. 63. The defective condition of the subject equipment and/or its component and related parts combined and concurred with the other wrongful conduct alleged herein to proximately cause Plaintiff s injuries; thus, Fictitious Defendants I, J, K, and L are liable to the Plaintiff pursuant to the Alabama Extended Manufacturer s Liability Doctrine. 64. Fictitious Defendants I, J, K, and L failed to exercise reasonable care to eliminate the danger or otherwise prohibit Plaintiff from encountering the condition in their design, 15

18 manufacture, and/or sale of the equipment, including but not limited to their failure to issue adequate warnings regarding the equipment. 65. Fictitious Defendants I, J, K, and L s breaches of duty combined and concurred with the other wrongful conduct alleged herein to proximately cause Plaintiff s injuries. WHEREFORE Plaintiff claims compensatory and punitive damages for his injuries resulting from said incident, including, but not limited to, past and future medical expenses, past and future physical pain and suffering, present and future mental anguish, permanent injuries and disabilities, disfigurement, loss of enjoyment of life and other hedonic damages, damages resulting from the exacerbation of prior medical conditions and/or injuries, loss of personal property, loss of use and enjoyment of personal property, and such other compensatory damages as may be shown, in an amount to be determined by a jury, and costs, expenses and fees, and such other equitable relief as may be allowed by law. COUNT IX NEGLIGENCE, WANTONNESS, and NEGLIGENCE PER SE FICTITIOUS DEFENDANTS M-P 66. Plaintiff hereby incorporates by reference all preceding allegations as if fully set forth herein. 67. Fictitious Defendants M, N, O, and P, by statute, agreement, contract, undertaking or otherwise were responsible for the maintenance and/or safety of the natural gas distribution lines and equipment in and around the Marks Village Apartments in Birmingham, Alabama. 68. Prior to the subject explosion on December 17, 2013, Fictitious Defendants M, N, O, and P had superior knowledge of the dangers, defects, hazards and/or risks associated with 16

19 natural gas distribution lines and equipment in and around the Marks Village Apartments, as well as hazards and/or risks associated with natural gas. 69. Prior to the subject explosion on December 17, 2013, Fictitious Defendants M, N, O, and P were aware of complaints regarding natural gas leaks in and around the Marks Village Apartments. 70. Fictitious Defendants M, N, O, and P knew or should have known, before the date of the incident that injured the Plaintiff, that this type of explosion could occur. 71. Despite their knowledge, Fictitious Defendants M, N, O, and P consciously and recklessly disregarded the rights and safety of others, and negligently and wantonly breached a duty of due care to Plaintiff in multiple respects, including, but not limited to, failing to properly inspect, maintain, correct hazardous or dangerous conditions in, repair, and/or replace the natural gas distribution lines and equipment in and around the Marks Village Apartments. 72. Fictitious Defendants M, N, O, and P s negligent and wanton conduct described herein also breached a duty of care to Plaintiff by violation of local, state, and national laws, regulations, ordinances, fire codes, industry standards, and/or safety codes. Plaintiff is within the class of persons intended to be protected by said laws, regulations, ordinances, industry standards and/or safety codes, and is among the class of persons to whom such duty ran. Plaintiff s injuries are the type of harm intended to be prevented by such laws, regulations, ordinances, industry standards and/or safety codes. 73. Fictitious Defendants M, N, O, and P s negligent and wanton conduct described herein combined and concurred with other wrongful conduct to proximately cause Plaintiff s injuries. 17

20 WHEREFORE Plaintiff claims compensatory and punitive damages for his injuries resulting from said incident, including, but not limited to, past and future medical expenses, past and future physical pain and suffering, present and future mental anguish, permanent injuries and disabilities, disfigurement, loss of enjoyment of life and other hedonic damages, damages resulting from the exacerbation of prior medical conditions and/or injuries, loss of personal property, loss of use and enjoyment of personal property, and such other compensatory damages as may be shown, in an amount to be determined by a jury, and costs, expenses and fees, and such other equitable relief as may be allowed by law. COUNT X FICTITIOUS DEFENDANTS Q-T 74. Plaintiff hereby incorporates by reference all preceding allegations as if fully set forth herein. 75. Fictitious Defendants Q, R, S, and T, as predecessors or successors in interest to the named and fictitious defendants herein, are liable for the conduct of said defendants described herein. WHEREFORE Plaintiff claims compensatory and punitive damages for his injuries resulting from said incident, including, but not limited to, past and future medical expenses, past and future physical pain and suffering, present and future mental anguish, permanent injuries and disabilities, disfigurement, loss of enjoyment of life and other hedonic damages, damages resulting from the exacerbation of prior medical conditions and/or injuries, loss of personal property, loss of use and enjoyment of personal property, and such other compensatory damages 18

21 as may be shown, in an amount to be determined by a jury, and costs, expenses and fees, and such other equitable relief as may be allowed by law. PLAINTIFF DEMANDS A TRIAL BY STRUCK JURY ON ALL ISSUES. Respectfully submitted, /s/ Glenda G. Cochran Glenda G. Cochran (ASB-5150-C66G COCHRAN & ASSOCIATES 310 Richard Arrington Jr. Blvd. North, Suite 500 Birmingham, Alabama Telephone: ( Facsimile: ( gc@glendacochran.com Attorney for Plaintiff Please serve the Defendants via certified mail at the following addresses: Alabama Gas Corporation c/o David J. Woodruff 605 Richard Arrington Jr. Blvd. North Birmingham, AL Housing Authority of the Birmingham District c/o Naomi H. Truman rd Avenue South Birmingham, AL