IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

Similar documents
COMPLAINT. Apartments at Riverfront Heights ( Defendant or Evergreen ) is a Delaware

Case 2:12-cv ABJ Document 1 Filed 05/02/12 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING

Case 1:07-cv GMS Document 7 Filed 04/05/2007 Page 1 of 7 IN UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE

RECEIVED AUG COMPLAINT: JURY TRIAL.. YES. Case 2:18-cv MCA-CLW Document 1 Filed 08/14/18 Page 1 of 8 PageID: 1

Case 3:14-cv GAG-SCC Document 13 Filed 02/03/15 Page 1 of 13

Filing # E-Filed 05/22/ :20:45 PM

Case 1:06-cv JJF Document 5 Filed 06/20/2006 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

3/24/ :21:10 AM 17CV12356 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR MULTNOMAH COUNTY. ) ) Case No.: ) ) ) ) ) ) ) ) ) ) ) ) COMPLAINT

3:18-cv MGL Date Filed 07/31/18 Entry Number 1 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION

to redress his civil and legal rights, and alleges as follows: 1. Plaintiff, Anthony Truchan, is a resident of Nutley, New Jersey.

8/31/2018 2:12 PM 18CV38516 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 2:14-cv MRH Document 1 Filed 05/27/14 Page 1 of 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF PENNSYLVANIA. Case No.

Case 9:15-cv DMM Document 1 Entered on FLSD Docket 04/23/2015 Page 1 of 16 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

EFiled: Jan :11AM EST Transaction ID Case No. S19C ESB IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

PLAINTIFFS ORIGINAL PETITION & REQUESTS FOR DISCLOSURE

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA Orlando Division

GRAY, L.L.C. 760 ROUTE 10 WEST, SUITE 203 WHIPPANY, NEW JERSEY PH: F: Attorneys for Plaintiff

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF [COUNTY

FILED: NEW YORK COUNTY CLERK 04/03/ :57 PM INDEX NO /2016 NYSCEF DOC. NO RECEIVED NYSCEF: 04/03/2018

Chapter 2. Initial Pleadings

Case 3:13-cv JAF Document 1 Filed 02/12/13 Page 1 of 12

Case 1:06-cv MPT Document 12 Filed 06/06/2006 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

FILED: BRONX COUNTY CLERK 02/14/ :36 PM INDEX NO /2014E NYSCEF DOC. NO. 269 RECEIVED NYSCEF: 02/14/2017

FILED: KINGS COUNTY CLERK 05/25/ /09/ :37 12:27 PM INDEX NO /2016 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/25/2016

COMMONWEALTH OF MASSACHUSETTS TRIAL COURT OF THE COMMONWEALTH SUPERIOR COURT DEPARTMENT CIVIL ACTION NO. BRCV C

E-FILED 2017 MAY 11 3:00 PM DELAWARE - CLERK OF DISTRICT COURT

UNITED STATES DISTRICT COURT

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY NEWARK VICINAGE

Case 2:16-cv JTM-KGG Document 21 Filed 04/06/17 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Filing # E-Filed 12/01/ :28:55 PM

BRADY SULLIVAN HARRIS MILL, LLC,: BRADY SULLIVAN PROPERTIES, LLC, w: JOHNDOES 1-5, JANE DOES 1-5, and XYZ CORPORATIONS 1-5,

FILED: NIAGARA COUNTY CLERK 02/15/ :54 PM INDEX NO. E157285/2015 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/15/2017

YOU ARE HEREBY SUMMONED and required to Answer the Complaint, a copy of

4. Plaintiff, Valerie Battle-Dugger, is an adult individual, residing at all times relevant

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

SUMMONS IN THE COURT OF COMMON PLEAS STATE OF SOUTH CAROLINA ) ) ) CIVIL ACTION 2017-CP-42- COUNTY OF SPARTANBURG

CASE 0:12-cv PJS-TNL Document 15 Filed 08/14/12 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Filing # E-Filed 03/29/ :29:03 AM

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION. ] Case No.: vs. Defendants. ] $Return Date: VERIFIED COMPLAINT

Case 5:17-cv Document 2 Filed in TXSD on 01/17/17 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION

led FEB SUPERIOR COURl l.h '-.. irornia BY DEPUTY 1. GENERAL NEGLIGENCE 2. WILLFUL MISCONDUCT 3. WRONGFUL DEATH 4.

FILED. Attorneys for Plaintiffs SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

Case 1:17-cv JCB Document 5 Filed 02/15/17 Page 1 of 16 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CIVIL ACTION NO.

ENTRY ORDER SUPREME COURT DOCKET NO APRIL TERM, Colleen Sylvester* v. Michael Wood } Superior Court, Orange Unit, } Civil Division } }

IN THE SUPERIOR COURT FOR THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

FIRST AMENDED COMPLAINT

Case 2:06-cv FSH-PS Document 20 Filed 01/10/08 Page 1 of 7

Case 0:17-cv WPD Document 1 Entered on FLSD Docket 10/13/2017 Page 1 of 15 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.

Case 1:07-cv NLH-AMD Document 1 Filed 08/10/2007 Page 1 of 12

IN THE CIRCUIT COURT OF GILES COUNTY, TENNESSEE

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

Plaintiff, Fernando Almeida, Jr., ( plaintiff or. Mr. Almeida ), residing at 45 East Midland Avenue, Kearny,

MEDICAL YOUR HOTEL, RESTAURANT OR EMERGENCIES AT BUSINESS AN ANALYSIS OF DUTY, RISK AND LIABILITY

IN THE COURT OF COMMON PLEAS STATE OF SOUTH CAROLINA CASE NO CP-23- COUNTY OF GREENVILLE. Sylvia Lockaby, Plaintiff, vs.

Case 2:14-cv PD Document 16 Filed 05/15/15 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

2:13-cv BAF-MKM Doc # 1 Filed 06/24/13 Pg 1 of 14 Pg ID 1

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION COMPLAINT FOR DAMAGES WITH JURY DEMAND

Filing # E-Filed 06/13/ :25:39 PM

Plaintiff, for its Complaint against the above-captioned Defendants, states and

IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT WILL COUNTY, ILLINOIS ) ) ) ) ) ) ) ) ) ) ) ) ) ) COMPLAINT AT LAW

Case 2:15-cv AJS Document 50 Filed 10/20/15 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO HALL OF JUSTICE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

COMMONWEALTH OF KENTUCKY FAYETTE CIRCUIT COURT FOURTH DIVISION CIVIL ACTION NO. 94-CI-2671

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAII ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) COMPLAINT

: : : : : : FIRST AMENDED COMPLAINT FOR DAMAGES. COMES NOW TIANNA SMITH, Plaintiff in the above-captioned action, and hereby INTRODUCTION

FILED: NEW YORK COUNTY CLERK 02/20/ :40 PM INDEX NO /2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 02/20/2018

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS DIVISION COMPLAINT. COMES NOW the Plaintiff, Patrick Hardy, by and through his attorney, Joshua D.

Case: 1:12-cv Document #: 1 Filed: 05/25/12 Page 1 of 24 PageID #:1

IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS STATE OF MISSOURI

STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE. vs.

GRAY, L.L.C. 760 ROUTE 10 WEST, SUITE 203 WHIPPANY, NEW JERSEY PH: F: Attorneys for Plaintiff S.P., a fictitious name

Courthouse News Service

CONSTRUCTION LICENSE AGREEMENT

Case 2:10-cv TS Document 2 Filed 11/15/10 Page 1 of 9

Case 1:11-cv JBS-AMD Document 37 Filed 06/27/12 Page 1 of 16 PageID: 223 IN THE UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA CIVIL DIVISION

FILED: NEW YORK COUNTY CLERK 04/28/ :02 PM INDEX NO /2017 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 04/28/2017

2/25/2019 4:13 PM 19CV08567 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH

Case 1:17-cv Document 1 Filed 02/03/17 Page 1 of 15 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH ) ) ) ) ) ) ) ) ) ) ) ) ) ) CLAIM FOR RELIEF. (Negligence)

11/9/2017 9:48 AM 17CV48960 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF DESCHUTES. Case No.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

Case 2:17-cv GJQ-TPG ECF No. 1 filed 01/25/17 PageID.1 Page 1 of 14 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION

STATE OF WISCONSIN CIRCUIT COURT COUNTY OF MILWAUKEE CIVIL DIVISION

Plaintiff, Joseph DiNoto, by and through his attorney, avers the following against the PARTIES

ANSWER TO COMPLAINT

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA. Plaintiff, : CIVIL ACTION MEMORANDUM OPINION

STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE. Hon. Leslie Kim Smith

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA THIRD DIVISION

Tort Reform (2) The pleading specifically asserts that the medical care has and all medical records

DOCKET NO. the City of Millville, County of Cumberland and State of New Jersey, by way of FIRST COUNT

CODE OFFICIAL LIABILITY

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF BUTTE UNLIMITED JURISDICTION

JURISDICTIONAL BASIS AND VENUE

Transcription:

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 19 2016 12:11PM EDT Transaction ID 58883167 Case No. N16C-04-159 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 19805. 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,

( Defendant or Evergreen ), is a Delaware corporation whose registered agent is the Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801. 4. 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 19720. 5. 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 19720. 6. 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 19720. 7. 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, 2015. Riverfront Heights is located at 1600 Bonwood Road, Wilmington, Delaware 19805. Riverfront Heights was originally built in

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

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.

18. It is Plaintiffs belief and understanding that no carbon monoxide alarms, if present, ever sounded on or before March 25, 2016. 19. 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 34-232.1. 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.

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 http://www.delawareonline.com/story/news/local/2016/03/26/riverfront-heightsvictims-idd-cause-death-still-unkown/82290540/ (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

Wilmington Code. See 25 Del. C. 5305(a)(1)-(2), (5); WILM. CITY CODE 34-232.1. 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.

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 34-232.1.

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

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.

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 19806 (302) 652-2050 bdatlon@bdaltonlaw.com lsimon@bdaltonlaw.com adalton@bdaltonlaw.com ATTORNEYS FOR PLAINTIFFS