NELSON, FROMER, CROCCO & JORDAN 2300 Route 66 P.O. Box 279 Neptune, New Jersey 07754 (732) 774-6443 Attorneys for PlaintiU - :SUPERIOR COURT OF NEW JERSEY AKINTOYE LAOYE, :MONMOUTH COUNTY :LAW DIVISION Plaintiff(s), :DOCKET NO. MON-L-274-12 VS. LONG BRANCH POLICE DEPARTMENT; PATRICK JOYCE; : RICHARD COVERT; HEADLINER; NEW YORK CONCOURSE LLC; JOHN DOES 1-5, ABC CORPS 1-5; Fictitious defendants; Civil Action FIRST AMENDED COMPLAINT Defendant(s). Plaintiff, AK.INTOYE LAOYE, residing in the County of Monmouth and State of New Jersey by way of Complaint against the defendants, says: FIRST COUNT 1. At all times hereinafter mentioned, and specifically on January 31, 2010, Plaintiff was lawfully on the premises known as the HEADLINER, Route 35, Neptune, New Jersey. 2. At all times hereinafter mentioned, defendant, HEADLINER, owned, operated, controlled, supervised and maintained the premises located at 1401 State Highway 35, in the Township of Neptune, County of Monmouth, State of New Jersey. 3. At all times hereinafter mentioned, defendant, NEW YORK CONCOURSE LLC, P.O. Box 242, Avon, New Jersey 07717, owned, operated, controlled, supervised and maintained the premises known as HEADLINER, located at 1401 State Highway 35, in. the Township of Neptune, County of Monmouth, State of New Jersey.
4. At all times hereinafter mentioned, and specifically on January 31, 2010, defendant, HEADLINER, had the responsibility of maintaining control of its patrons. 5. At all times hereinafter mentioned, and specifically on January 31, 2010, defendant, NEW YORK CONCOURSE LLC, had the responsibility of maintaining control of its patrons. 6. At the aforesaid time and place, defendant, PATRICK JOYCE was on the defendant's premises known as, HEADLINER, located in Neptune, New Jersey and did strike the plaintiff, AKINTOYE LAOYE with hands, fists, bottles, and other objects causing severe injuries to the aforesaid plaintiff, AKINTOYE LAOYE and JOHN DOES IIII (names being fictitious) were also patrons on the defendant's premises, HEADLINER, located in Neptune, New Jersey. 7. At the aforesaid time and place, defendant, RICHARD COVERT was on the defendant's premises known as, HEADLINER, located in Neptune, New Jersey and did strike the plaintiff, AKINTOYE LAOYE with hands, fists, bottles, and other objects causing severe injuries to the aforesaid plaintiff, AKINTOYE LAOYE and JOHN DOES I-Ill (names being fictitious) were also patrons on the defendant's premises, HEADLINER, located in Neptune, New Jersey. 8. At the aforesaid time and place, defendant, PATRICK JOYCE was a police officer employed by the defendant, LONG BRANCH POLICE DEPARTMENT, located at 279 Broadway, Long Branch, New Jersey. 9. The defendant LONG BRANCH POLICE DEPARTMENT is a state agency duly organized under the laws of the State of New Jersey. 10. The defendant PATRICK JOYCE was, at all times relevant hereto, duly appointed Police Officer of the defendant, LONG BRANCH POLICE DEPARTMENT. At all times relevant hereto the defendant, PATRICK JOYCE was acting in his official capacity and individually by showing his badge. Alternatively, Mr. Joyce was acting in an individual capacity.
11. The defendants Jolul Doe I and II, fictitious names, were police officers, as yet unidentified, who at all tithes relevant hereto were duly appointed employees of the defendant LONG. BRANCH POLICE DEPARTMENT and were acting in both their official and individual capacities. The defendants John Doe III through V, fictitious names, were supervisory officials, as yet unidentified, who at all times relevant hereto were duly appointed employees of the defendant, LONG BRANCH POLICE DEPARTMENT and were acting in both their official and individual capacities. 12. Each and all of the acts of the named defendants alleged herein were done by said defendant, and each of them, as individuals, and/or within their official capacities under the color and pretense of the statutes, ordinances, regulations, customs, and usages of, inter alia, the laws of the State of New Jersey, respectively, and under the authority of their official capacities, respectively, as hereinafter described. 13. A Notice of Claim has been served upon the defendants in regard to the within action pursuant to the provisions of N.J.S.A. 59:1-1, et seq. 14. The aforedescribed beating and abuse by the defendants, PATRICK JOYCE and/or John Doe I through II, fictitious names, referring to LONG BRANCH POLICE DEPARTMENT as yet unidentified, was a use of force which was unnecessary and grossly in excess of any need for the use of force under the circumstances. 15. By reason of the injuries resulting to the plaintiff from the aforesaid beating and abuse, the plaintiff was required to and did obtain emergency expert medical treatment immediately following said beating. 16. As a direct and proximate result of the aforedescribed use of force by the defendants, PATRICK JOYCE, RICHARD COVERT and/or John Doe I through II, fictitious names, as yet unidentified, the plaintiff AKINTOYE LAOYE, was placed in fear for his life, safety and well-being. 17. The conduct of the defendants, and each of them, deprived the plaintiff, AKINTOYE LAOYE, of his rights secured to him under the civil rights laws of the State
of New Jersey and the New Jersey State Constitution. The conduct of the defendants, and each of them, also deprived the plaintiff of the following rights, privileges and immunities secured to him by the Constitution of the United States; a. The right of plaintiff to be free from cruel and unusual punishment, secured to him under the Eighth and Fourteenth Amendments; b. The right of plaintiff not to be deprived of life, liberty or property without due process of law, and the right to equal protection of the law, secured by the Fourteenth Amendment; and 18. The acts, conduct and behavior of the defendants, and each or them, were performed knowingly, intentionally and maliciously, by reason of which the plaintiff is entitled to punitive damages, jointly and severally, against said defendants. 19. At the aforesaid time and place the defendant, HEADLINER, who was in charge of the aforementioned establishment, so negligently failed to supervise those under its control that the defendants, JOHN DOES I-ill (names being fictitious) struck the plaintiff, AKINTOYE LAOYE with hands, fists, bottles, and other objects causing severe injuries to the aforesaid plaintiff, AKINTOYE LAOYE. 20. At the aforesaid time and place the defendant, NEW YORK CONCOURSE LLC, who was in charge of the aforementioned establishment, so negligently failed to supervise those under its control that the defendants, JOHN DOES I-111 (names being fictitious) struck the plaintiff; AKINTOYE LAOYE with hands, fists, bottles, and other objects causing severe injuries to the aforesaid plaintiff, AKINTOYE LAOYE. 21. As a direct and proximate result of the negligence of the defendant, as aforesaid, the plaintiff, AIUNTOYE LAOYE sustained serious and personal injuries to his head, back, extremities and nervous system and other parts of his body and he was otherwise permanently injured about his body; he sustained permanent disabilities and permanent loss of body function and he did and will in the future be confined to the hospital, bed and home and was and will in the future be obliged to expend monies for
doctor bills, hospital hills, x-rays, care and medicine in an effort to cure and alleviate his injuries and he was and will in the future be unable to pursue his usual course of occupation and duties, all to his damage. WHEREFORE, plaintiff, AKINTOYE LAOYE, demands judgment against the defendants, HEADLINER, NEW YORK CONCOURSE LLC, PATRICK JOYCE, RICHARD COVERT, LONG BRANCH POLICE DEPARTMENT and JOHN DOES I- III (names being fictitious) jointly, severally or in the alternative, or damages, punitive damages, interest and costs of suit. SECOND COUNT 22. Plaintiff, AKINTOYE LAOYE, repeats each and every allegation contained in the First Count of this Complaint as if same were set forth herein at length. 23. The defendants, John Does IV-V, bouncers (name being fictitious), were agents, servants and/or employees of the defendant, HEADLINER. Said defendants negligently supervised and control the patrons at the aforesaid HEADLINER. Because of the negligence of the defendants, as aforesaid, the plaintiff, AKINTOYE LOAYE was placed in such a dangerous condition that he was caused to sustain severe and permanent injuries as described above. 24. The defendants, John Does IV-V, bouncers (name being fictitious), were agents, servants and/or employees of the defendant, NEW YORK CONCOURSE LLC. Said defendants negligently supervised and control the patrons at the aforesaid NEW YORK CONCOURSE LLC. Because of the negligence of the defendants,. as aforesaid, the plaintiff, AKINTOYE LOAYE was placed in such a dangerous condition that he were caused to sustain severe and permanent injuries as described above. WHEREFORE, plaintiff, AKINTOYE LAOYE, demands judgment against the
defendants, Jo1m Does IV-V, bouncers (name being fictitious) jointly, severally or in the alternative, for damages, punitive damages, interest and costs of suit. THIRD COUNT 25. Plaintiff repeats and reiterates each and every allegation of the First and Second Counts of this Complaint and makes them a part hereof 26. On or about on JANUARY 31, 2010, the defendant, HEADLINER was the owner of a certain commercial enterprise, as a result of which they lawfully dispensed liquor and other alcoholic beverages to members of the general public, including defendants, PATRICK JOYCE, RICHARD COVERT, JOHN DOES (names being fictitious), and/or allowed alcoholic beverages and /or illegal narcotics to be consumed on the premises. 27. At the aforesaid time and place the defendants were negligently served or allowed to consume alcoholic beverages and/or illegal narcotics by the agents, servants and/or employees of the defendant HEADLINER until they were visibly intoxicated. 28. The agents, servants and/or employees of the defendant, as aforesaid knew or should have known that the defendants, PATRICK JOYCE, RICHARD COVERT and JOHN DOES Mil (names being fictitious) were served and/or had consumed an amount of alcoholic beverages and/or illegal narcotics which would cause them to become visibly intoxicated thereby creating a condition from which it could reasonably be foreseen that risk of harm and/or injury would result to plaintiff and others. 29. Defendant HEADLINER negligently maintained supervision and control over his agents, servants and/or employees, and permitted this dangerous condition to exist wherein defendants, PATRICK. JOYCE, RICHARD COVERT and JOHN DOES (names being fictitious) were served alcoholic beverages while visibly intoxicated or
allowed to consume alcoholic beverages and/or illegal narcotics by agents, servants and/or employees of the defendant, HEADLINER and same directly and proximately caused severe and permanent bodily injury to the plaintiff. WHEREFORE, plaintiff, AKINTOYE LAOYE demands judgment against the defendant, HEADLINER for damages and punitive damages, together with interest and costs of suit. FOURTH COUNT 30. Plaintiff repeats and reiterates each and every allegation of the First, Second and Third Counts of this Complaint and makes them a part hereof. 31. On or about on JANUARY 31, 2010, the defendant, NEW YORK CONCOURSE LLC was the owner of a certain commercial enterprise, as a result of which they lawfully dispensed liquor and other alcoholic beverages to members of the general public, including defendants, PATRICK JOYCE, RICHARD COVERT, JOHN DOES I-III (names being fictitious), and/or allowed alcoholic beverages and /or illegal narcotics to be consumed on the premises. 32. At the aforesaid time and place the defendants were negligently served or allowed to consume alcoholic beverages and/or illegal narcotics by the agents, servants and/or employees of the defendant NEW YORK CONCOURSE LLC until they were visibly intoxicated. 33. The agents, servants and/or employees of the defendant, as aforesaid knew or should have known that the defendants, PATRICK JOYCE, RICHARD COVERT and JOHN DOES I-Ill (names being fictitious) were served and/or had consumed an amount of alcoholic beverages and/or illegal narcotics which would cause them to become visibly intoxicated thereby creating a condition from which it could reasonably be foreseen that
risk of harm and/or injury would result to plaintiff and others. 34. Defendant NEW YORK CONCOURSE LLC negligently maintained supervision and control over his agents, servants and/or employees, and permitted this dangerous condition to exist wherein defendants, PATRICK JOYCE, RICHARD COVERT and JOHN DOES 1-III (names being fictitious) were served alcoholic beverages while visibly intoxicated or allowed to consume alcoholic beverages and/or illegal narcotics by agents, servants and/or employees of the defendant, NEW YORK CONCOURSE LLC and same directly and proximately caused severe and permanent bodily injury to the plaintiff. WHEREFORE, plaintiff, AKINTOYE LAOYE demands judgment against the defendant, HEADLINER for damages and punitive damages together with interest and costs of suit. DEMAND FOR JURY TRIAL PLEASE TAKE NOTICE that the plaintiff hereby demands a trial by jury as to all issues raised by the within matter. DESIGNATION OF TRIAL COUNSEL PURSUANT to R. 4:25-4, notice is hereby given that Matthew Jordan, Esq., is designated as trial counsel for and on behalf of the plaintiffs in the within matter. CERTIFICATION PURSUANT to Court Rule, I hereby certify that the matter in controversy is not the subject of any other separate action or arbitration proceeding, either now or contemplated. Dated: April 17, 2013 NELSON, FROMER, CROCCO & JORDAN Attorneys for Plaintiff By: ORIGINAL SIGNED BY MATTHEW JORDAN