EL PASO COUNTY DISTRICT COURT, COLORADO 270 South Tejon Street Colorado Springs, CO 80901 719.448.7700 121;'.1 4';qrr 1. t'1.1111., I?ir,ll"itt lt iz*rt.lltt.! ili:t'n: tr\utt:i tla',.ii.:)t!!': i::::11'\l \1t't rliti; I I); 1 t.14>.1 :'t'ii *r ir:* {- is:l'l,i: igl;rr:h/i:l \}ar:ll;ts Plaintiff(s): KENNETH G. DEJOIE and VERONICA DEJOIE, individuals, V. Defendant(s): U.S. BEEF CORP. D/B/A ARBY'S RESTAURANT, KYL INVESTMENTRUST, JOHN DOES 1-10, unknown individuals, and XYZ CORPORATION (s) unknown entities. COURTUSEONLY Case No: 12CV Attorneys for Plaintiff: David J. Stevens, #14774 Jake C. Eisenstein, #39315 1150 W. Littleton Blvd., Ste. 200 Littleton, CO 80120 P:720.238.7260 F:303.797.8280 dave@selawyers.com COMPLAINT AND JURY DEMAND Plaintiffs, Kenneth Dejoie and Veronica DeJoie, by and through counsel, state and allege as follows for their complaint againsthe Defendants: GENERAL ALLEGATIONS 1. At all times relevant hereto, Plaintiff Kenneth DeJoie was an individual residing at 11258 East Custer Place, Aurora, CO 80012. 2. At all times relevant hereto, Plaintiff Veronica DeJoie was an individual residing at 11258 East Custer Place, Aurora, CO 800'12. 3. At all times relevant hereto, Defendant U.S. Beef Corp. was a foreign entity with a principal office street address of 4923 E. 49th Street, Tulsa, OK74135.
4. On information and belief, at alltimes relevant hereto, Defendant U.S. Beef Corp. was doing business as Arby's Restaurant and had a businesstreet address of 540 W. Highway 105, Monument, CO 80132. 5. On information and belief, at all times relevant hereto, Defendant KYL Investment Trust was the owner of the building located at 540 W. Highway 105, Monument, CO 80132 and had a mailing address of 8448 Rodden Rd., Oakdale, CA 95361. 6. On information and belief, John Doe(s) and XYZ Corporation(s) are individuals or entities who were either landowners or were legally responsible for the dangerous conditions located on the property where Plaintiff sustained his injuries as set forth herein. 7. Jurisdiction and venue are proper in this Court pursuant to C.R.S. $ 13-1-124 and C.R.C.P. 98 as the incidents and injuries in question occurred in El Paso County, Colorado, and and at least one Defendant's place of business is in El Paso County. FIRST CLAIM FOR RELIEF (Negligence) 8. 9. Plaintiffs hereby incorporate by referenc each and every other paragraph as though fully set forth herein. On or about May 28, 2010, Plaintiff Kenneth DeJoie was an invitee, as defined by C. R.S. S 13-21 -115(5)(c), at the Arby's Restaurant owned and operated by Defendant U.S. Beef Corp. and/or John Doe(s) and/or XYZ Corporation(s). 10. On or about May 28, 2010, Plaintiff Kenneth DeJoie was utilizing the urinal in the men's restroom when it caused a jet of steam to shoot forth from the urinal and burn Mr. DeJoie's genitals. 11. Plaintiffs reported the incidento an employee who responded that "we have that bathroom problem again," and "this happens when the sink in the kitchen is running." 12. Disposal of superheated water and/or steam is an inherently dangerous activity. 13. Defendants owed Plaintiffs the highest duty of care to protecthem against dangerous conditions of which Arby's knew or should have known. 14. Defendants breached that duty by operating, maintaining, inspecting, repairing and managing the subject property and urinal in a careless and negligent manner. Defendant failed to exercise reasonable care to protect against dangers on the subject property and warn against such known dangers. Such dangers at the subject property include, without limitation: (a) Plumbing and/or water heating systems that violate the applicable Building, Mechanical and Plumbing code, (b) Urinal that shoots jets of
scalding steam, (c) Failure to properly repair a known dangerous urinal and/or plumbing issue. 15' As a direct and proximate result of Defendants' negligence and carelessness, plaintiff Kenneth G. DeJoie has sustained economic and non-economic damages, injuries and losses as set forth herein. wherefore, Plaintiff respectfully requests relief as set forth below. SECOND CLAIM FOR RELIEF (Premises Liability Against Landowners) 16. Plaintiff realleges and incorporates by referenc each and every other paragraph as 17. At alltimes relevant hereto, Plaintiff Kenneth DeJoie was an invitee at the Arby's Restaurant as defined by C.R.S. S 13-21-15(5)(c). 18. On information and belief, Defendant Arby's Restaurant qualified as a landowner of the Arby's Restaurant as defined by C.R.S. 513-21-115(1) 19. On information and belief, Defendant KYL Investment Trust qualified as a landowner of the Arby's Restaurant as defined by C.R.S. 513-21-115(1) 20. On information and belief, Defendant XYZ Corporation(s) qualified as a landowner(s) of the Arby's Restaurant as defined by C.R.S. 513-21-115(1) 21. On information and belief, Defendant John Doe(s) qualified as a landowner(s) of the Arby's Restaurant as defined by C.R.S. 513-21-15(1 ) 22. Plaintitfs injuries, damages, and losses were caused by Defendants' unreasonable failure to exercise reasonable care to protect against dangers of which they knew or should have known and to reasonably warn of known dangers on the premises. 23. As direct and proximate result of Defendants'actions or inaction, Plaintiff Kenneth G. DeJoie has sustained economic and non-economic damages, injuries and losses as set forth herein. WHEREFORE, Plaintiff respectfully requests relief as set forth below. THIRD CLAIM FOR RELIEF (Negligence Per Se) 24. Plaintiffs reallege and incorporate by referenc each and every other paragraph as
25. Defendants violated statutes, codes, or ordinances including, without limitation, the following sections of the 1991 Uniform Building Code,Uniform Plumbing Code, and Uniform Mechanical Code, or their applicablequivalents, as adopted by the City of Monument and which were in effect at the time of the incident: a) b) 1991 Uniform Building Code $$ 102, 104(d),203 1991 Uniform Plumbing Code $$ 319, 611, 1002, 1003, 1004 c) 1991 Uniform Mechanical Code SS 2103, 2108, 2126 26. The purpose of the above mentioned statutes, codes, or ordinances is to protecthe members of the group which included the Plaintiff, and Defendants' violations of the above statutes, codes or ordinances constituted Negligence Per Se. 27. Detendants' Negligence Per Se was the cause of Plaintiffs injuries, damages, and losses. WHEREFORE, Plaintiff respectfully requests relief as set forth below. FOURTH CLAIM FOR RELIEF (Loss of Consortium) 28. Plaintiffs reallege and incorporate by referenc each and every other paragraph as 29. Plaintiff Kenneth DeJoie sustained injuries due to the acts or omissions from which the Defendants are liable as more fully set forth herein. 30. Plaintiffs Kenneth DeJoie and Veronica DeJoie were a legally married couple on and after the date of the injuries sustained by Kenneth DeJoie. 31. As a result of the injuries to Kenneth DeJoie, Veronica DeJoie incurred a loss of her rights of consortium, resulting in economic and noneconomic damages. WHEREFORE, Plaintiff requests that the Court enter judgment for Plaintiffs against Defendants in an amounto fairly and reasonably compensate Plaintiffs for their injuries, damages, and losses in an amounto be proven at trial; for costs, filing fees, expert witness fees, statutory interest from the date this cause of action accrued or as otheruvise permitted under Colorado law, and for any such fuftherelied that this Court deems proper. JURY DEMAND Plaintiffs requesthat all matters at issue in this case be tried to a jury of six persons. Date: 512512012 Respectfully submitted,
STEVENS & EISENSTEIN (Original signature on ftle) /s/ Jake Eisenstein David J. Stevens Jake C. Eisenstein 1150 W. Littleton Blvd., Ste. 200 Littleton, CO 80120 P:303.797.3400 F:303.797.8280 Plaintiffs' Address: 11258 East Custer Place. Aurora, CO 80012