IN THE CIRCUIT COURT OF MADISON COUNTY, ALABAMA. Plaintiffs, v. Case No.: CV15-

Transcription

1 ELECTRONICALLY FILED 9/25/ :44 AM 47-CV CIRCUIT COURT OF MADISON COUNTY, ALABAMA JANE C. SMITH, CLERK IN THE CIRCUIT COURT OF MADISON COUNTY, ALABAMA MARGARITO JIMENEZ and ADRIAN CORTEZ, Plaintiffs, v. Case No.: CV15- ANTON SENSENBERGER; SENSENBERGER PROPERTIES, LLC; MAC S CRANE SERVICE; Defendants 1-10, whether singular or plural, individual, corporation, or other entity, who or which committed the acts which give rise to a cause of action for negligence or any other cause of action set forth in this complaint or in any amended complaint, and/or who or which had an obligation to keep the premises where plaintiffs was injured reasonably free of defects; Defendant 11-20, whether singular or plural, individual, corporation, or other entity, who or which committed the acts which give rise to a cause of action for wanton misconduct or any other cause of action set forth in this complaint, or in any amended complaint, and/or who or which had an obligation to keep the premises where plaintiffs was injured reasonably free of any defects; Defendants 21-30, whether singular or plural, individual, corporation, or other entity, who or which negligently failed to warn plaintiffs of any defects in the premises on which plaintiffs' injuries occurred; Defendants 31-40, whether singular or plural, individual, corporation, or other entity, who or which wantonly failed to warn plaintiffs of any defects in the premises on which plaintiffs' injuries occurred; Defendants 41-50, whether singular or plural, individual, corporation, or other entity, who or which negligently constructed or maintained the premises on which plaintiffs' injuries occurred; Defendants 51-60, whether singular or plural, individual, corporation, or other entity, who or which wantonly constructed or maintained the premises on which plaintiffs' injuries occurred; Defendants whether singular or plural, individual, corporation or other entity, who or which negligently caused injuries to plaintiffs and/or negligently failed to prevent plaintiffs injuries; Defendants whether singular or plural, individual, corporation or other entity, who or which

2 wantonly caused injuries to plaintiffs and/or wantonly failed to prevent plaintiffs injuries; being those Defendants fictitious parties all, whose names and identities are otherwise unknown to plaintiffs but who will be added by amendment when ascertained. Defendants. COMPLAINT 1. Plaintiff Margarito Jimenez ( Plaintiffs ) is over nineteen (19) years of age and is a resident of Alabama. 2. Plaintiff Adrian Cortez ( Plaintiffs ) is over nineteen (19) years of age and is a resident of Alabama. 3. Defendant Anton Sensenberger ( Sensenberger ) is over nineteen (19) years of age and is believed by the plaintiff to be a resident of Madison County, Alabama. 4. Defendant Sensenberger Properties, LLC ( Sensenberger, LLC ) is a limited liability company doing business, by agent, in Madison County, Alabama. 5. Defendant Mac s Crane Service ( Mac s ) is an Alabama entity doing business, by agent, in Madison County, Alabama. FACTS 6. On or about July 18, 2014, Plaintiffs Margarito Jimenez and Adrian Cortez were performing work at 18 Main Street, Madison, Alabama. Plaintiffs were working on a building owned by Defendants Sesenberger, and/or Sensenberger, LLC, and/or Mac s Crane Service. Sesenberger, and/or Sensenberger, LLC, and/or Mac;s Crane Service were active as general

3 contractor for the site. At the time of the building collapse, Plaintiffs were on top of the building at issue. The building was braced with inadequate braces on the demand and instruction of Sesenberger, and/or Sensenberger, LLC, and/or and/or Mac s Crane Service. Plaintiffs suffered severe injuries, were hospitalized for a time and continue to receive medical treatment and were unable to work for a time and lost income and sustained other damages. 7. Sesenberger, and/or Sensenberger, LLC, and/or Mac s Crane Service had a duty to Plaintiffs to provide a safe environment for them to perform their job duties and negligently, willfully and/or wantonly failed to do so by placing inadequate bracing on the building and by ordering the placement of too much material on the roof of the building. On July 18, 2014, plywood was being placed on or around the building at the direction of Sesenberger, and/or Sensenberger, LLC, and/or Mac s Crane Service. Prior to this time, the Defendants negligently, willfully and/or wantonly ordered that the braces on the building be constructed with improper and/or inadequate size lumber. When plywood and/or other materials were placed on the roof of the building by Mac s Crane, at the demand or request of the Sensenbergers, the building collapsed and injured the Plaintiffs severely. 8. In addition, Sesenberger, and/or Sensenberger, LLC, and/or Mac s Crane had or assumed a duty, as premises owner, and/or general contractor to warn Plaintiffs of potential dangers they knew or should have known about. Sesenberger, and/or Sensenberger, LLC, negligently, willfully and/or wantonly breached their duty to Plaintiffs.

4 9. As a direct and proximate result of Sesenberger, and/or Sensenberger, LLC, and/or Mac s Crane Service s negligent, willful, and/or wanton conduct, Plaintiffs have been caused to suffer severe and permanent injuries. Count One (Negligence) 10. Plaintiffs reallege the averments of paragraphs one through nine and incorporate same by reference as if fully set out herein. 11. Defendant Sesenberger, and/or Sensenberger, LLC, and/or Mac s Crane Service and/or one or more of the fictitious party Defendants, negligently used inadequate bracing for the amount of materials being placed on top of the building, placing Plaintiffs in danger and creating an unsafe workplace. In addition, Sesenberger, and/or Sensenberger, LLC, and/or Mac s Crane Service negligently created an unsafe workplace with dangers known, or that should have been known, to them but failed to warn Plaintiffs of same. The negligence of Sesenberger, and/or Sensenberger, LLC, and/or Mac s Crane Service and/or one or more of the fictitious party Defendants, proximately caused Plaintiffs to be severely and permanently injured and damaged as described above. WHEREFORE, PREMISES CONSIDERED, Plaintiffs request a verdict for Plaintiffs, and against defendants, in an amount which will adequately compensate Plaintiffs for the injuries and damages sustained by Plaintiffs due to the Defendant s negligence and/or wantonness, and punitive damages consistent with the culpability of the Defendants conduct, interest from the date of judgment, costs, and such other, further relief as Plaintiffs may be entitled in the premises.

5 Count Two (Wanton Misconduct) 12. Plaintiffs reallege the averments of paragraphs one through eleven and incorporate 13. Defendant Sesenberger, and/or Sensenberger, LLC, and/or Mac s Crane Service and/or one or more of the fictitious party Defendants, wantonly used inadequate bracing for the amount of materials being placed on top of the building, placing Plaintiffs in danger and creating an unsafe workplace. In addition, Sesenberger, and/or Sensenberger, LLC, and/or Mac s Crane Service wantonly created an unsafe workplace with dangers known, or that should have been known, to them but failed to warn Plaintiffs of same. The wanton misconduct of Sesenberger, and/or Sensenberger, LLC, and/or Mac s Crane Service and/or one or more of the fictitious party Defendants, proximately caused Plaintiffs to be severely and permanently injured and damaged as described above. Count Three (Negligent Design) 14. Plaintiffs reallege the averments of paragraphs one through thirteen and incorporate 15. Defendant Sesenberger, and/or Sensenberger, LLC, and/or one or more of the fictitious party Defendants, negligently designed the structure of the building where Plaintiffs were injured. The negligent design by Sesenberger, and/or Sensenberger, LLC, and/or one or more of the fictitious party Defendants, proximately caused Plaintiffs to be severely and permanently injured and damaged as described above.

6 Count Four (Wanton Design) 16. Plaintiffs reallege the averments of paragraphs one through fifteen and incorporate 17. Defendant Sesenberger, and/or Sensenberger, LLC, and/or one or more of the fictitious party Defendants, wantonly designed the structure of the building where Plaintiffs were injured. The wanton design by Sesenberger, and/or Sensenberger, LLC, and/or one or more of the fictitious party Defendants, proximately caused Plaintiffs to be severely and permanently injured and damaged as described above. Count Five (Negligent Training and/or Supervision) 18. Plaintiffs reallege the averments of paragraphs one through seventeen and incorporate 19. Defendant Sesenberger, and/or Sensenberger, LLC, and/or one or more of the fictitious party Defendants, negligently supervised Plaintiffs and/or workmen responsible for the proper construction and maintenance of the structure where Plaintiffs where injured as previously stated herein. The negligent training and/or supervision by Sesenberger, and/or Sensenberger, LLC, and/or one or more of the fictitious party Defendants, proximately caused Plaintiffs to be severely and permanently injured and damaged as described above.

7 Count Six (Wanton Training and/or Supervision) 20. Plaintiffs reallege the averments of paragraphs one through nineteen and incorporate 21. Defendant Sesenberger, and/or Sensenberger, LLC, and/or one or more of the fictitious party Defendants, wantonly supervised Plaintiffs and/or workmen responsible for the proper construction and maintenance of the structure where Plaintiffs where injured as previously stated herein. The wanton training and/or supervision by Sesenberger, and/or Sensenberger, LLC, and/or one or more of the fictitious party Defendants, proximately caused Plaintiffs to be severely and permanently injured and damaged as described above. SERVE DEFENDANTS AT: /s/ Robert E. Patterson Attorney for Plaintiffs PATTERSON LAW FIRM 100 Jefferson Street S., Suite 300 Huntsville, AL (256) (256) Fax Anton Sensenberger 17 Front St. Madison, AL 35758

8 Sensenberger Properties, LLC c/o Reg Agent Cynthia J. Sensenberger 16 Main St. Madison, AL Mac s Crane Service 2452 Apple Grove Rd. Somerville, AL 35670

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