IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

Transcription

1 IN THE SUPERIOR COURT OF THE STATE OF DELAWARE KIAMEISHA HALL, and : SHAFRAN WILLIAMS, : : : Plaintiffs, : C. A. No.: : v. : NON-ARBITRATION CASE : EVERGREEN APARTMENTS, : INC.; EVERGREEN : APARTMENT GROUP, INC., : EVERGREEN PROPERTIES : MANAGEMENT, INC., : Delaware corporations; : KGL HOLDINGS : RIVERFRONT, LLC, a Delaware : Limited Liability Company, : : Defendants. EFiled: Apr :11PM EDT Transaction ID Case No. N16C DCS : JURY TRIAL OF 12 DEMANDED COMPLAINT 1. At all times herein mentioned, Plaintiffs, Kiameisha and Shafran Williams, ( Plaintiffs ), are adult Delaware residents. 2. Plaintiffs are tenants of Unit F6 at Evergreen Apartments at Riverfront Heights, located at 500 Homestead Road, Wilmington, Delaware Plaintiff Hall has resided in Unit F6 for approximately three years. Plaintiff Williams has resided in Unit F6 for approximately one year. 3. At all times herein mentioned, Defendant EVERGREEN APARTMENTS, INC., d/b/a Evergreen Apartments at Riverfront Heights,

2 ( Defendant or Evergreen ), is a Delaware corporation whose registered agent is the Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware At all times herein mentioned, Defendant EVERGREEN APARTMENT GROUP, INC., ( Defendant ), is a Delaware corporation whose registered agent is Lauren Wolfgang, Esquire, 1627 New Jersey Avenue, New Castle, Delaware At all times herein mentioned, Defendant EVERGREEN PROPERTIES MANAGEMENT, INC., ( Defendant ) is a Delaware corporation whose registered agent is Lauren Wolfgang, Esquire, 1627 New Jersey Avenue, New Castle, Delaware At all times herein mentioned, Defendant KGL HOLDINGS RIVERFRONT, LLC, d/b/a Evergreen Apartments at Riverfront Heights, ( Defendant ) is a Delaware limited liability company whose registered agent is Lauren Wolfgang, Esquire, 1627 New Jersey Avenue, New Castle, Delaware Defendants own and manage several large residential rental properties in Delaware and Maryland. 8. Defendants acquired the 255-unit Riverfront Heights apartment complex on or about June 2, Riverfront Heights is located at 1600 Bonwood Road, Wilmington, Delaware Riverfront Heights was originally built in

3 1968. At various times since its construction, Riverfront Heights has also gone by the name Canby Park Apartments. 9. Defendants, after acquiring Riverfront Heights, renamed the apartment complex Evergreen Apartments at Riverfront Heights. This is the current name of the apartment complex. 10. At all times herein mentioned, Defendants owned and controlled Evergreen as lessor to numerous residential tenants. 11. At all times herein mentioned, Defendants employees operated and maintained Evergreen, and acted in the scope of employment when doing so. 12. On or about March 25, 2016 at 1:30 pm, a family member of an Evergreen resident in Unit G arrived at the apartment complex to search for the resident. Over the prior two days, the family member was unable to reach the resident by phone. When the family member arrived at the apartment complex, he could hear the resident s phone ringing inside the resident s apartment. The family member notified Evergreen s apartment complex office, asking the complex manager to open the resident s apartment. After refusing his request to open the apartment door, the apartment complex manager eventually called police at or about 5:00 pm to report the incident. 13. On or about March 25, 2016 at 6:00 pm, New Castle County emergency responders arrived at Evergreen Units G and F. Paramedics and police

4 entered Unit G and discovered four unresponsive individuals and a dog. Three of the individuals were discovered in one apartment, with the fourth found in an adjacent apartment. All four were declared dead by the emergency responders that evening. Several more people in Units G and F were transported to a nearby hospital for treatment related to suspected carbon monoxide exposure. 14. Plaintiffs jointly reside in an apartment unit on the second floor of Unit F. Unit F shares a dividing wall with Unit G. 15. It is Plaintiffs belief and understanding that Defendants were in the process of replacing the boiler at Units G and F approximately one month preceding the March 25, 2016 incident. Defendants posted notices at that time stating that water in Units G and F would be turned off for a period of eight hours while the boiler was replaced. 16. Plaintiffs suffered severe headaches, dizziness, and nausea in the days and weeks leading up to the March 25, 2016 incident. During this period, Plaintiffs were unsure of the reasons for their prolonged spell of illness. 17. On March 25, 2016, after discovery of the higher-than-normal level of carbon monoxide by state and local officials, Plaintiffs were treated at St. Francis Hospital Emergency Department. Hospital staff discovered Plaintiffs tested positive for high levels of carbon monoxide. Plaintiffs were placed on oxygen and instructed to follow-up with their primary care physicians.

5 18. It is Plaintiffs belief and understanding that no carbon monoxide alarms, if present, ever sounded on or before March 25, Carbon monoxide is an odorless, colorless substance. Exposure to carbon monoxide may cause symptoms ranging from headaches to death. As such, Wilmington s Housing Code requires that, [e]very building of residential or mixed occupancy, in which there are one or more residential units, shall be equipped with approved carbon monoxide alarms.... Wilm. City Code Upon information and belief, it is Plaintiffs understanding that at the time of this incident, there were no carbon monoxide monitors or no working carbon monoxide monitors as required by both Code and the Defendants obligation of due care for the tenants. It was only after this tragic outcome that monitors were installed. 20. On or about March 28, 2016, Officials from the Delaware Department of Natural Resources and Environmental Control (DNREC) along with other New Castle County officials surveyed the apartment complex. DNREC officials determined that higher-than-normal levels of carbon monoxide emanated from exhausts pipes in the boiler room of the apartment complex. These exhaust pipes were determined to have rusted and collapsed, causing dangerous carbon monoxide to build up in the apartment complex.

6 21. DNREC determined that, though the complex s boilers had passed a regulatory inspection in 2014, they would need to be entirely replaced due to their dilapidated condition. DNREC and New Castle County officials thereafter ordered Evergreen to replace all the apartment complex s boilers. 22. On or about March 28, 2016, Defendants admitted in a statement: [T]he cause of the tragedy appears to have been with the boiler exhaust pipe in Building G. Jessica Bies et al., Official: Rusted Exhaust Pipe Found in Building Where 4 Died, THE NEWS JOURNAL (Mar. 29, 2016), available at (quoting Debra Burgos, Vice President of Defendant Evergreen Apartments, Inc.). 23. In addition to suffering personal injuries and severe emotional distress, Plaintiffs have been displaced from their apartment, and have received minimal communication from Defendants. Count I Negligence 24. Plaintiffs hereby incorporate 1-23 as though fully set forth herein. 25. Defendants had a legal duty to Plaintiffs to: a. Install and maintain in operable condition carbon monoxide monitors under Delaware s Landlord-Tenant Code and

7 Wilmington Code. See 25 Del. C. 5305(a)(1)-(2), (5); WILM. CITY CODE b. Protect Plaintiffs and other residents from an unreasonably dangerous condition on Defendant s apartment complex that was unknown and undiscoverable to Plaintiffs and other residents. c. Inspect, maintain, and repair the apartment complex s exhaust pipes to prevent a dangerous condition to Plaintiffs and other residents by the higher-than-normal level of carbon monoxide present in the complex. d. Inspect, maintain, and repair the complex s boiler to prevent the boiler from falling into a state of disrepair and causing the emission of a higher-than-normal level of carbon monoxide. e. Alert Plaintiffs and residents of the presence of higher-than-normal carbon monoxide at the complex during a reasonable inspection of the property, including the complex s boiler rooms. 26. Defendants knew, or through the exercise of reasonable diligence should have known, that there existed an unreasonable risk of harm to Plaintiffs on Defendants property because of Defendants negligent installation, inspection, maintenance, and/or repair of carbon monoxide monitors.

8 27. Moreover, Defendants knew, or through the exercise of reasonable diligence should have known, that there existed an unreasonable risk of harm to Plaintiffs on Defendants property because of Defendants negligent inspection, maintenance, and/or repair of the exhaust pipes and boiler. 28. Defendants failure to: (a) install, inspect, maintain, and/or repair carbon monoxide monitors; (b) protect Plaintiffs and other residents from an unreasonably dangerous condition on its property; (d) inspect, maintain, and/or repair the exhaust pipes and boiler; and (e) alert Plaintiffs and other residents to the presence of higher-than-normal levels of carbon monoxide proximately caused physical harm to the Plaintiffs and Plaintiff s unborn child, and severe emotional distress. 29. As a result of Defendants negligence, Plaintiffs request general and special damages for Plaintiffs injuries in amount to be determined by a jury. Count II Gross Negligence and Recklessness 30. Plaintiffs hereby incorporate 1-29 as though fully set forth herein. 31. Defendants had a legal duty to Plaintiffs to: a. Install and maintain in operable condition carbon monoxide monitors under Delaware s Landlord-Tenant Code and Wilmington Code. See 25 Del. C. 5305(a)(1)-(2), (5); WILM. CITY CODE

9 b. Protect Plaintiffs and other residents from an unreasonably dangerous condition on Defendant s apartment complex and unknown/undiscoverable to Plaintiffs and other residents. c. Inspect, maintain, and repair the complex s exhaust pipes to prevent a dangerous condition to Plaintiffs and other residents by the higher-than-normal level of carbon monoxide present in the complex. d. Inspect, maintain, and repair the complex s boiler to prevent the boiler from falling into a state of disrepair and causing the emission of a higher-than-normal level of carbon monoxide. e. Alert Plaintiffs and residents of the presence of higher-than-normal carbon monoxide at the complex during reasonable inspection of the property, including the complex s boiler rooms. 32. Defendants knew and had notice that there existed an unreasonable risk of harm to Plaintiffs on Defendants property because of Defendants grossly negligent and/or reckless installation, inspection, maintenance, and/or repair of carbon monoxide monitors. 33. Defendants knew and had notice that there existed an unreasonable risk of harm to Plaintiffs on Defendants property because of Defendants grossly

10 negligent and/or reckless inspection, maintenance, and/or repair of the exhaust pipes and boiler. 34. Defendants failure to act, in light of this knowledge and notice of an unreasonably dangerous condition, evidences gross negligence and reckless indifference to the health and safety of Plaintiffs and other residents of the apartment complex. 35. Defendants failure to: (a) install, inspect, maintain, and/or repair carbon monoxide monitors; (b) protect Plaintiffs and other residents from an unreasonably dangerous condition on its property; (d) inspect, maintain, and/or repair the exhaust pipes and boiler; and (e) alert Plaintiffs and other residents to the presence of higher-than-normal level of carbon monoxide proximately caused physical harm and severe emotional distress to the Plaintiffs. 36. As a result of Defendants gross negligence, Plaintiffs request general, special, and punitive damages for Plaintiffs injuries in amount to be determined by a jury. WHEREFORE, Plaintiffs demand judgment against Defendants for general and special damages, punitive damages, plus costs and interest in an amount to be determined by a jury.

11 DATED: 4/19/2016 /s/ Bartholomew J. Dalton Bartholomew J. Dalton, Esq. (ID 808) Laura J. Simon, Esq. (ID 3644) Andrew C. Dalton, Esq. (ID 5878) DALTON & ASSOCIATES, P.A. Cool Spring Meeting House 1106 West 10 th Street Wilmington, DE (302) ATTORNEYS FOR PLAINTIFFS