ELECTRONICALLY FILED Pulaski County Circuit Court Larry Crane,...
Transcript of ELECTRONICALLY FILED Pulaski County Circuit Court Larry Crane,...
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IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS
__________ DIVISION
BRITTNEY AUSTIN, KAYANNA NICOLE BOGAN,
DONALD BONE, JR., TYRONE JACKSON, DOMINIQUE
McCLENDON, ZATORIC McFERGUSON, ASHLEY
NEELY, STEVEN OTEY, JR., MARCUS DeSHAWN
SIMMONS, KATRA SIMS, TASHEARA SLOCUM,
ELIJAH SMITH, TIANA TUCKER, VERONICA
WESTON, CRYSTAL WILLIAMS, KEVIN WINSTON,
PATRICK HARDY, RALPH JOHNSON, and RICKY
SIMS,
v. CASE NO.
POWER ULTRA LOUNGE, POWER KITCHEN & BAR, INC.,
POWER BAR AND GRILL, LLC, 6TH & CENTER, LLC,
HERMAN RAY LEWIS, DEFENDANTS
______________________________________________________________________________
Joshua D. Gillispie, Esq. Conrad J. Benedetto, Esq.
Green & Gillispie (pro hac vice to be applied for)
Attorney for Plaintiffs Law Office of Conrad J. Benedetto
1 Riverfront Place, Suite 605 Attorney for Plaintiffs
North Little Rock, AR 72114 1233 Haddonfield Berlin Rd, Suite 1
T: (501) 244-0700 Voorhees, NJ 08043
F: (501) 244-2020 (856) 500-2727
[email protected] [email protected]
Solomon M. Radner, Esq.
(pro hac vice to be applied for)
Excolo Law, PLLC Attorney for Plaintiffs
26700 Lahser Road, Suite 401
Southfield, MI 48033
(866) 939-2656
______________________________________________________________________________
COMPLAINT AND DEMAND FOR JURY TRIAL
NOW COME Plaintiffs, by and through their attorneys, complaining against Defendants,
and allege as follows:
JURISDICTION PARTIES
PLAINTIFFS
ELECTRONICALLY FILEDPulaski County Circuit Court
Larry Crane, Circuit/County Clerk
2018-Nov-28 13:58:3960CV-18-8155
C06D09 : 23 Pages
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1. The actions that led to this Complaint occurred in Little Rock, Arkansas. This
Court has jurisdiction over the subject matter of this Complaint and the parties to this cause of
action, and Pulaski County is the proper and appropriate venue, pursuant to A.C.A. § 16-60-112.
2. Plaintiff BRITTNEY AUSTIN is a resident of Little Rock, Arkansas, in Pulaski
County, and was so at all times relevant to this Complaint.
3. Plaintiff KAYANNA NICOLE BOGAN is a resident of Sherwood, Arkansas, in
Pulaski County, and was so at all times relevant to this Complaint.
4. Plaintiff DONALD BONE, JR. is a resident of North Little Rock, Arkansas, in
Pulaski County, and was so at all times relevant to this Complaint.
5. Plaintiff TYRONE JACKSON is a resident of North Little Rock, Arkansas, in
Pulaski County, and was so at all times relevant to this Complaint.
6. Plaintiff DOMINIQUE McCLENDON is a resident of Little Rock, Arkansas, in
Pulaski County, and was so at all times relevant to this Complaint.
7. Plaintiff ZATORIC McFERGUSON is a resident of Little Rock, Arkansas, in
Pulaski County, and was so at all times relevant to this Complaint.
8. Plaintiff ASHLEY NEELY is a resident of Little Rock, Arkansas, in Pulaski
County, and was so at all times relevant to this Complaint.
9. Plaintiff STEVEN OTEY, JR. is a resident of Little Rock, Arkansas, in Pulaski
County, and was so at all times relevant to this Complaint.
10. Plaintiff MARCUS DeSHAWN SIMMONS is a resident of Little Rock, Arkansas,
in Pulaski County, and was so at all times relevant to this Complaint.
11. Plaintiff KATRA SIMS is a resident of Little Rock, Arkansas, in Pulaski County,
and was so at all times relevant to this Complaint.
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12. Plaintiff TASHEARA SLOCUM is a resident of Little Rock, Arkansas, in Pulaski
County, and was so at all times relevant to this Complaint.
13. Plaintiff ELIJAH SMITH is a resident of Little Rock, Arkansas, in Pulaski County,
and was so at all times relevant to this Complaint.
14. Plaintiff TIANA TUCKER is a resident of Magnolia, Arkansas, in Columbia
County, and was so at all times relevant to this Complaint.
15. Plaintiff VERONICA WESTON is a resident of North Little Rock, Arkansas, in
Pulaski County, and was so at all times relevant to this Complaint.
16. Plaintiff CRYSTAL WILLIAMS is a resident of North Little Rock, Arkansas, in
Pulaski County, and was so at all times relevant to this Complaint.
17. Plaintiff KEVIN WINSTON is a resident of Jacksonville, Arkansas, in Pulaski
County, and was so at all times relevant to this Complaint.
18. Plaintiff PATRICK HARDY is a resident of Little Rock, Arkansas, in Pulaski
County, and was so at all times relevant to this Complaint.
19. Plaintiff RALPH JOHNSON is a resident of Little Rock, Arkansas, in Pulaski
County, and was so at all times relevant to this Complaint.
20. Plaintiff RICKY SIMS is a resident of Lewisville, Texas, in Denton County, and
was so at all times relevant to this Complaint.
21. All Plaintiffs were at the property in question for the benefit of all Defendants.
22. All Plaintiffs were present for the shooting and suffered and continue to suffer non-
physical injuries including psychological injuries, emotional distress, and/or post-traumatic stress
disorder (“PTSD”).
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23. Plaintiffs Marcus DeShawn Simmons, Donald Bone Jr., Steven Otey Jr., Brittney
Austin, Tiana Tucker, Tasheara Slocum, Kevin Winston, Elijah Smith and Patrick Hardy, all
suffered gunshot wounds.
24. All other plaintiffs suffered physical injuries as a result of the shooting and its
aftermath.
25. At all times relevant to this cause of action, and at the time of the incident described
further herein, Defendant POWER ULTRA LOUNGE (hereafter “Power Nightclub”) was the
assumed name of a nightclub doing business in the State of Arkansas, and can be served with
process via its owner and registered agent: Herman Ray Lewis, Sr, at 220 W. 6TH Street, Little
Rock, AR 72201. Power Nightclub operated as a bar and nightclub in a building located at 220 W.
6TH Street, Little Rock, AR 72201, on property owned by Defendant 6TH & CENTER, LLC.
26. At all times relevant to this cause of action, and at the time of the incident described
further herein, Defendant 6TH & CENTER, LLC (hereafter “6TH & CENTER”) was a limited
liability corporation doing business in the State of Arkansas, and can be served with process via
its registered agent: Danny Brickey, Jr., at 400 North Van Buren Street, Little Rock, Arkansas,
72205. 6TH & CENTER owns the property located at 220 W. 6TH Street, Little Rock, AR 72201
– the property in which Power Nightclub operates. 6TH & CENTER permitted Power Nightclub
to operate publicly as a nightclub on its property in exchange for lease payments. 6TH &
CENTER, by agreement with Power Nightclub supported by consideration, assumed a duty of
ordinary care to maintain the premises in a reasonably safe manner, which included guarding
against foreseeable harms caused by known defects and hazards. 6TH & CENTER, through its
conduct, assumed a duty of ordinary care to maintain the premises in a reasonably safe manner,
which included guarding against foreseeable harms caused by known defects and hazards.
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Specifically, 6TH & CENTER took part in attempting to address the security deficiencies of Power
Nightclub prior to July 1, 2017, including but not limited to direct involvement in security and
safety decisions, direct involvement in hiring off duty police officers to patrol the premises, direct
involvement in hiring security guards, and, upon information and belief, direct involvement in
hiring other Power Nightclub employees and making other decisions concerning premises safety.
Additionally, 6TH & CENTER, as the landlord, knew or ought to have known of the defective
security conditions on the premises, which existed at the time of the lease agreement and which
made the premises unfit for its intended purpose. The defective security conditions on the premises
were extreme enough to constitute a nuisance dangerous to the general public, and these conditions
remained unabated throughout the lease agreement, despite 6TH & CENTER’s knowledge and
direct involvement. 6TH & CENTER failed to perform its agreement and its assumed duty in a
reasonable manner.
27. At all times relevant to this cause of action, and at the time of the incident described
further herein, Defendant POWER KITCHEN & BAR, INC. was a corporation doing business in
the State of Arkansas, and can be served with process via its owner and registered agent: Herman
Lewis, at 220 W. 6TH Street, Little Rock, AR 72201. POWER KITCHEN & BAR, INC. is a
business entity affiliated with Power Nightclub.
28. At all times relevant to this cause of action, and at the time of the incident described
further herein, Defendant POWER BAR AND GRILL, LLC was a limited liability corporation
doing business in the State of Arkansas, and can be served with process via its owner and registered
agent: Herman Lewis, at 900 Russenberger Road, Little Rock, Arkansas, 72206. POWER BAR
AND GRILL, LLC is a business entity affiliated with Power Nightclub.
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29. At all times relevant to this cause of action, and at the time of the incident described
further herein, Defendant HERMAN RAY LEWIS, SR (hereafter “Defendant Lewis”) was a
resident of Pulaski County, Arkansas. Defendant Lewis is the owner, president and registered
agent of Power Nightclub, POWER KITCHEN & BAR, INC, and POWER BAR AND GRILL,
LLC. Lewis is being sued personally as a result of his own negligence, including his failure to
discharge his duties as a director of Power Nightclub with ordinary care and in good faith, and
pursuant to A.C.A. § 4-33-830.
30. All of the above individually named Defendants will be collectively referred to
hereafter as “Defendants” and/or “Power”.
31. This complaint relates to an incident that took place at the Power Ultra Nightclub
in Little Rock, Arkansas on or about July 1, 2017, during which one or more individuals opened
fire inside the nightclub around 2:30 a.m., physically injuring, and/or causing emotional and/or
psychological injury to dozens of people, including the Plaintiffs.
GENERAL ALLEGATIONS
32. On July 1, 2017, approximately around 2:30 a.m., a mass shooting occurred at the
Power Ultra Lounge nightclub (“Power”) in downtown Little Rock, Arkansas, United States.
33. Approximately twenty-eight people were shot and injured, including many of the
Plaintiffs herein, after a dispute that took place at Power.
34. The night of the shooting, a rapper named Ricky Hampton, generally known as
“Finese 2Tymes,” was giving a concert at Power.
35. Advertisement for the concert included a photograph of the headlining performer,
Finese 2Tymes, pointing a rifle toward the camera.
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36. Finese 2Tymes was believed to have been involved in a shooting just days prior to
this event, of which it is believed Defendants were aware.
37. Patrons under 21 years were injured while being lawfully on Power’s premises,
since it was not supposed to operate as a nightclub.
38. According to officials, alcohol was not supposed to be served at Power past 2 a.m.
39. Multiple reports had been made to the police for previous violent crimes and
shootings occurring in and around Power’s premises.
40. Upon information and belief, patrons have been previously threatened to death with
guns inside of Power.
41. Upon information and belief, in the twenty-four (24) month period preceding the
incident forming the basis of this lawsuit, the City of Little Rock Police Department received,
reported, and/or responded to approximately forty-eight (48) known requests for police service or
assistance to the premises, including, but not limited to, the following:
a. one (1) Aggravated Assault;
b. four (4) Batteries;
c. two (2) Assaults;
d. two (2) Shots Fired Incidents;
e. three (3) Terroristic Threatening Offenses;
f. one (1) Robbery; and
g. five (5) Criminal Mischiefs
42. Upon information and belief, the property was not zoned for this type of use, and
also lacked necessary licenses and permits. At the time of shooting, Power was only zoned as a
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restaurant with a mixed drink permit and did not have the corresponding permit to host such an
event, despite promoting itself as a concert venue.
43. At all times material to this action, Defendants could not lawfully host said
concert and was not equipped with appropriate security to host such an event.
COUNT I: NEGLIGENCE
44. Plaintiffs hereby incorporates by reference herein all prior allegations.
45. At said time and place, Defendants owned, operated and/or maintained Power and
possessed a duty to maintain the business and its surrounding premises in a safe manner to protect
its patrons from harm.
46. At all times material to this action, Plaintiffs were business invitees of Defendants
while on premises of Power and therefore Defendants owed Plaintiffs the duty to protect them
from imminent criminal harm and reasonably foreseeable criminal conduct by third persons.
47. Defendants, at all times material to this Complaint, knew or should have known
from previous acts of similar violence that there was a likelihood that third persons would endanger
the safety of patrons and owed a duty of care for the safety of their patrons, including Plaintiffs.
48. Defendants knew, or should have known through the exercise of ordinary care
and reasonable diligence, that events not dissimilar to the one that caused Plaintiffs’ injuries had
previously and recently occurred on the premises, and within a recent enough period of time as
to give Defendants adequate notice that similar incidents would occur.
49. Defendants knew, or should have known under the totality of the circumstances,
that the nature, condition, and location of the premises, along with prior similar incidents on the
premises, made Plaintiffs’ injuries foreseeable.
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50. Defendants knew or should have known that in the twenty-four (24) month period
preceding the incident forming the basis of this lawsuit, the City of Little Rock Police Department
received, reported, and/or responded to approximately forty-eight (48) known requests for police
service or assistance to the premises, including, but not limited to, the following:
a. one (1) Aggravated Assault;
b. four (4) Batteries;
c. two (2) Assaults;
d. two (2) Shots Fired Incidents;
e. three (3) Terroristic Threatening Offenses;
f. one (1) Robbery; and
g. five (5) Criminal Mischiefs
51. Defendants failed to take reasonable measures to prevent such foreseeable harm.
52. Defendants, directly and through their employees, agents, servants and/or
contractors, breached duties owed to Plaintiffs, which were a proximate cause of Plaintiffs’ injuries
and damages claimed, by one or more of the following acts and/or omissions:
a. Failing to provide adequate crowd control on the premises when it knew or
should have known that Plaintiffs were exposed to a risk of harm;
b. Failing to prevent the reasonably foreseeable injuries from occurring to
Plaintiffs;
c. Failing to recognize the high likelihood of injuries by third persons which might
endanger the safety of Plaintiffs;
d. Failing to properly patrol the premises;
e. Allowing guns to be brought into the club;
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f. Failing to screen for guns and to prevent guns from being brought into the club;
g. Failing to hire and/or utilize properly trained security guards and other
employees;
h. Failing to properly train, instruct and supervise their employees in fulfilling
their duties and obligations to invitees, such as Plaintiffs;
i. Negligently retaining incompetent security guards and other employees;
j. Failing to provide appropriate security measures to ensure the safety of
Plaintiffs;
k. Failing to have sufficient increased security when it is foreseeable that there
will be criminal acts at the concert of said rapper;
l. Failure to secure all outside entrances to Power;
m. Failing to provide an environment that is reasonably safe from security threats;
n. Failing to evaluate the potential security risks posed by the physical and
operational environment at Power;
o. Failing to take all violent and threatening incidents seriously, investigate and
take appropriate corrective action;
p. Failing to provide necessary authority and resources for staff to carry out
violence prevention measures;
q. Inadequate physical qualifications, testing, training, supervision,
communications and instruction of security personnel;
r. Failure to warn their business invitees of the magnitude of criminal activities
that occurred around the premises of Power;
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s. Failing to secure and monitor the area leading from the outside of Power to the
inside;
t. Failing to properly observe, monitor, and report in order to avoid the shooting;
u. Failing to intervene in order to avoid the shooting;
v. Failing to identify, investigate, report and maintain records of significant
security incidents and suspicious activities in and around the premises of Power,
including but not limited to the parking areas;
w. Failing to exercise reasonable care to detect, forestall or prevent or deter the
danger;
x. Failing to recognize and act promptly in response to previous incidents of
dangers;
y. Failing to adhere to city code and state laws designed to enhance citizen safety,
including laws regulating capacity;
z. Failing to provide and maintain sufficient entry and exit locations;
aa. Failing to otherwise protect Plaintiffs from such danger on Power premises; and
bb. Other such other negligent acts and/or omissions as discovery or the evidence
may show.
21. Defendants breached the aforesaid duties when they knew, or should have known,
the dangerous propensity in Power and yet failed to use ordinary care to guard against foreseeable
harm.
22. Moreover, Defendants knew or ought to have known in light of the surrounding
circumstances that their conduct would naturally and probably result in injuries and damages and
continued such conduct in reckless disregard of the circumstances or extreme indifference from
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which malice may be inferred. Accordingly, Plaintiffs are entitled to punitive damages in order to
punish the wrongdoers and deter others from similar conduct.
23. That as a direct and proximate result of the breach of duty by Defendants, Plaintiffs
have suffered and will continue to suffer: catastrophic pain and injuries, both temporary and
permanent, including: bodily injuries; physical injuries and disabilities; mental anguish; lost
capacity for enjoyment of life; loss of earnings; loss of earning capacity; medical and hospital
expenses; loss of bodily function; mental illness; related expenses incurred to date and to be
incurred in the future, to the extent of which are presently unknown; out-of-pocket expenses; and
general damages in the amount of which will fully and fairly compensate Plaintiffs for the nature
and extent of their injuries. The full extent and nature of all special and general damages will be
shown at the time of trial.
WHEREFORE, Plaintiffs demand judgement against Defendants for all damages allowed
by law including compensatory and punitive damages and costs, and for such other relief this Court
deems appropriate and just.
COUNT II: NEGLIGENT HIRING
24. Plaintiffs hereby incorporates by reference herein all prior allegations.
25. Defendants owed a duty of care to provide a reasonably safe environment to the
patrons and other business invitees of Power, including to exercise reasonable care in the hiring
and/or contracting of their agents, servants, employees and/or contractor.
26. Prior to the shooting resulting in Plaintiffs’ injuries, the Defendants, their agents,
employees, servants and/or contractors generally knew or should have known that Power is
commercial property, open to the public, where criminal activity is susceptible to happen if
adequate security is not provided.
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27. Defendants, their agents, servants, employees and/or contractors breached the
aforesaid duties owed to Plaintiffs by failing to hire and/or utilize properly trained security guards.
28. Defendants breached the aforesaid duties when they knew, or should have known,
the dangerous propensity in Power and yet failed to use ordinary care to guard against foreseeable
harm.
29. Defendants negligently hired security guards, uniformed security personnel or other
security personnel, and/or failed to provide a sufficient number of security guards, uniformed
security personnel or other security personnel on Power.
30. Defendants were negligent in hiring and/or contracting agents, servants, employees
and/or contractors and Plaintiffs damages and injuries were a proximate cause of Defendants’
negligence and recklessness in hiring and/or contracting said agents, servants, employees and/or
contractors.
31. Specific acts and omissions of Defendants’ negligent hiring and/or contracting
include but are not limited to:
a. Failing to investigate the qualifications and backgrounds of their agents,
servants, employees and/or contractors of Power personnel;
b. Failing to investigate whether their agents, servants, employees and/or
contractors of security personnel on Power were qualified to provide
supervision and monitoring in accordance with ordinary safety and the
applicable standard of care of nightclubs;
c. Failing to investigate whether their agents, servants, employees, and/or
contractors of security personnel on Power were qualified to serve and protect
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patrons at events that took place at Power, such as concerts, where the public
regularly consumes alcoholic beverages;
d. Failing to investigate whether their agents, servants, employees, and/or
contractors of security personnel on Power were mentally and physically
qualified to provide care, to supervise and to monitor the safety of the public at
concerts that took place in Power.
e. Failing to identify, investigate, report and maintain records of significant
security incidents and suspicious activities on Power premises, including but
not limited to the parking areas;
f. Otherwise failing to exercise ordinary care in the hiring of their agents,
servants, employees, and/or contractors.
32. Defendants knew or ought to have known in the light of the surrounding
circumstances that their conduct would naturally and probably result in injuries and damages and
continued such conduct in reckless disregard of the circumstances from which malice may be
inferred. Accordingly, Plaintiffs are entitled to punitive damages in order to punish the
wrongdoers and deter others from similar conduct.
33. That as a direct and proximate result of the breach of duty by Defendants, Plaintiffs
have suffered and will continue to suffer: catastrophic pain and injuries, both temporary and
permanent, including: bodily injuries; physical injuries and disabilities; mental anguish; lost
capacity for enjoyment of life; loss of earnings; loss of earning capacity; medical and hospital
expenses; loss of bodily function; mental illness; related expenses incurred to date and to be
incurred in the future, the full extent of which are presently unknown; out-of-pocket expenses; and
general damages in the amount of which will fully and fairly compensate Plaintiffs for the nature
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and extent of their injuries. The full extent and nature of all special and general damages will be
shown at the time of trial.
WHEREFORE, Plaintiffs demand judgment against Defendants for all damages allowed
by law including compensatory and punitive damages and costs, and for such other relief this Court
deems appropriate and just.
COUNT III: NEGLIGENT TRAINING
34. Plaintiffs hereby incorporates by reference herein all prior allegations.
35. Defendants owed a duty of care for to provide a reasonably safe environment to the
patrons and other business invitees of Power, including to exercise reasonable care in the training
of their agents, servants, employees and/or contractors.
36. Prior to the shooting resulting in Plaintiffs’ injuries, the Defendants, their agents,
employees, servants and/or contractors generally knew or should have known that Power is
commercial property, open to the public, where criminal activity is susceptible to happen if
adequate training is not provided to security personnel.
37. Defendants, their agents, servants, employees and/or contractors breached the
aforementioned duties owed to Plaintiffs when it failed to train and instruct their personnel in
fulfilling their duties and obligations to business invitees, such as Plaintiffs.
38. Defendants breached the aforesaid duties when they knew, or should have known,
the dangerous propensity in Power and yet failed to use ordinary care to guard against foreseeable
harm.
39. Defendants are directly liable for the injuries and damages described herein, as a
result of their own negligence and carelessness in the training of their agents, servants, employees,
contractors, and/or franchisees.
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40. Specific acts and omissions of Defendants’ negligent training include but are not
limited to the following:
a. Failing to train their agents, servants, employees and/or contractors to provide
information of the standard of proper surveillance and monitoring techniques
in order to provide a safe environment for their patrons and to anticipate and
circumvent criminal behavior;
b. Failing to train and test their agents, servants, employees and/or contractors and
provide information and assistance regarding the proper response to situations
that constitute safety threats, hazards, and other dangerous circumstances to
patrons in Power for when such threats arise;
c. Failing to instruct their agents, servants, employees and/or contractors on
security information and assistance, including but not limited to being alert and
responsive to potential safety threats;
d. Failing to train their agents, servants, employees and/or contractors with
specific policies, including but not limited to keeping areas leading from the
outside to the inside of Power secure; and
e. Otherwise failing to exercise ordinary care in training security personnel under
the circumstances.
41. Defendants knew or ought to have known in the light of the surrounding
circumstances that their conduct would naturally and probably result in injuries and damages and
continued such conduct in reckless disregard of the circumstances from which malice may be
inferred. Accordingly, Plaintiffs are entitled to punitive damages in order to punish the wrongdoers
and deter others from similar conduct.
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42. As a direct and proximate result of the breach of duty by Defendants’ negligence
in training security personnel, Plaintiffs have suffered and will continue to suffer: catastrophic pain
and injuries, both temporary and permanent, including: bodily injuries; physical injuries and
disability; mental anguish; lost capacity for enjoyment of life; loss of earnings; loss of earning
capacity; medical and hospital expenses; loss of bodily function; mental illness; related expenses
incurred to date and to be incurred in the future, the full extent of which are presently unknown;
out-of-pocket expenses; and general damages in the amount of which will fully and fairly
compensate Plaintiffs for the nature and extent of their injuries. The full extent and nature of all
special and general damages will be shown at the time of trial.
WHEREFORE, Plaintiffs demand judgement against Defendants for all damages allowed
by law including compensatory and punitive damages and costs, and for such other relief this Court
deems appropriate and just.
COUNT IV: NEGLIGENT SUPERVISION
43. Plaintiffs hereby incorporates by reference herein all prior allegations.
44. Defendants owed a duty of care for to provide a reasonably safe environment to the
patrons and other business invitees of Power, including to exercise reasonable care in the
supervision of their agents, servants, employees and/or contractors.
45. Prior to the shooting resulting in Plaintiffs’ injuries, the Defendants, their agents,
employees, servants and/or contractors generally knew or should have known that Power is
commercial property, open to the public, where criminal activity is susceptible to happen if
security personnel is not properly supervised.
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46. Defendants, their agents, servants, employees and/or contractor breached the
aforementioned duties owed to Plaintiffs when they failed to properly supervise their employees
in fulfilling their duties and obligations to business invitees, such as Plaintiffs.
47. Defendants breached the aforesaid duties when they knew, or should have known,
the dangerous propensity in Power and yet failed to use ordinary care to guard against foreseeable
harm.
48. Defendants are directly liable for the injuries and damages described herein, as a
result of their own negligence and carelessness in the supervision of their agents, servants,
employees and/or contractors.
49. Specific acts and omissions of Defendants’ negligent supervision include, but are
not limited to the following:
a. Failure to monitor and supervise their agents, servants, employees and/or
contractors, to be available and assessable and to provide assistance and
information to them, in order to ensure that patrons at Power, such as Plaintiffs,
are safe;
b. Failure to monitor and supervise their agents, servants, employees, and/or
contractors and being assessable to provide assistance and information to ensure
that proper safety policies and procedures were followed;
c. Failing to emphasize safety in the process of supervising Power;
d. Allowing firearms into Power without detection;
e. Failing to monitor the security stations, patrol areas, parking lots and common
areas through the use of the available video surveillance;
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f. Failing to maintain records of significant security incidents and suspicious
activities;
g. Failing to conduct periodic emergency drills in order to ascertain the
effectiveness of any emergency plan;
h. Failing to identify, investigate, report and maintain records of significant
security incidents and suspicious activities in Power premises, including but not
limited to the parking areas;
i. Otherwise failing to exercise ordinary care in the supervision of their staff.
50. Defendants knew or should have known through the exercise or reasonable care
that the failure to supervise their agents, servants, employees and/or contractors would subject
others to unreasonable risks of harm.
51. Defendants knew or ought to have known in light of the surrounding circumstances
that their conduct would naturally and probably result in injuries and damages and continued such
conduct in reckless disregard of the circumstances from which malice may be inferred.
Accordingly, Plaintiffs are entitled to punitive damages in order to punish the wrongdoers and
deter others from similar conduct.
52. As a direct and proximate result of the breach of duty by Defendants in negligent
supervising, Plaintiffs have suffered and will continue to suffer: catastrophic pain and injuries,
both temporary and permanent, including: bodily injuries; physical injuries and disability; mental
anguish; lost capacity for enjoyment of life; loss of earnings; loss of earning capacity; medical and
hospital expenses; loss of bodily function; mental illness; related expenses incurred to date and to
be incurred in the future, the full extent of which are presently unknown; out-of-pocket expenses;
and general damages in the amount of which will fully and fairly compensate Plaintiffs for the
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nature and extent of their injuries. The full extent and nature of all special and general damages
will be shown at the time of trial.
WHEREFORE, Plaintiffs demand judgement against Defendants for all damages allowed
by law including compensatory and punitive damages and costs, and for such other relief this Court
deems appropriate and just.
COUNT V: NEGLIGENT RETENTION
53. Plaintiffs hereby incorporates by reference herein all prior allegations.
54. Defendants owed a duty of care to provide a reasonably safe environment to the
patrons and other business invitees of Power, including to exercise reasonable care in the retention
of their agents, servants, employees and/or contractors.
55. Prior to the shooting resulting in Plaintiffs’ injuries, the Defendants, their agents,
employees, servants and/or contractors generally knew or should have known that Power is
commercial property, open to the public, where criminal activity is susceptible to happen if
inadequate personnel is retained.
56. Defendants, their agents, servants, employees and/or contractor breached the
aforesaid owed to Plaintiffs when it retained personnel that was incapable of fulfilling their duties
and obligations to business invitees, such as Plaintiffs.
57. Defendants breached the aforesaid duties when they knew, or should have known,
the dangerous propensity in Power and yet failed to use ordinary care to guard against foreseeable
harm.
58. Defendants are directly liable for the injuries and damages described herein, as a
result of their own negligence and carelessness in the retention of their agents, servants, employees,
and/or contractors.
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59. Defendants knew or should have known that their agents, servants, employees
and/or contractors were incompetent and yet continued to employ them.
60. Specific acts and omissions of Defendants’ negligent retention include, but are not
limited to the following:
a. Continuing to employ their agents, servants, employees, and/or contractors,
given the high number of previous violent incidents on Power premises;
b. Continuing to employ their agents, servants, employees, and/or contractors,
given the high number of criminal suspects who escaped incidents on Power
premises;
c. Continuing to employ their agents, servants, employees and/or contractors,
notwithstanding complaints from business invitees on Power;
d. Continuing to employ their agents, servants, employees and/or contractors
notwithstanding the lack of follow-up on numerous incidents; and
e. Otherwise failing to exercise ordinary care in the retention of their personnel.
61. Defendants knew or should have known through the exercise or reasonable care
that the failure to retain their agents, servants, employees and/or contractors would subject patrons
of Power to unreasonable risk of harms.
62. Defendants knew or ought to have known in the light of the surrounding
circumstances that their conduct would naturally and probably result in injuries and damages and
continued such conduct in reckless disregard of the circumstances from which malice may be
inferred. Accordingly, Plaintiffs are entitled to punitive damages in order to punish the wrongdoers
and deter others from similar conduct.
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63. As a direct and proximate result of the breach of duty by Defendants’ negligence
in retaining personnel at Power, Plaintiffs have suffered and will continue to suffer: catastrophic
pain and injuries, both temporary and permanent, including: bodily injuries; physical injuries and
disability; mental anguish; lost capacity for enjoyment of life; loss of earnings; loss of earning
capacity; medical and hospital expenses; loss of bodily function; mental illness; related expenses
incurred to date and to be incurred in the future, the full extent of which are presently unknown;
out-of-pocket expenses; and general damages in the amount of which will fully and fairly
compensate Plaintiffs for the nature and extent of their injuries. The full extent and nature of all
special and general damages will be shown at the time of trial.
WHEREFORE, Plaintiffs demand judgement against Defendants for all damages allowed
by law including compensatory and punitive damages and costs, and for such other relief this Court
deems appropriate and just.
RELIEF REQUESTED
WHEREFORE, Plaintiffs prays this Honorable Court grant the following relief:
(a) compensatory damages in an amount determined by a jury;
(b) punitive damages in an amount determined by a jury;
(c) reasonable attorney's fees and costs; and
(d) such other relief as this Court may deem just, proper, and appropriate.
JURY DEMAND
Plaintiff hereby demands a trial by jury.
Respectfully submitted by:
/s/ Joshua D. Gillispie
ABA # 2010131
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GREEN & GILLISPIE
Attorneys at Law
1 Riverfront Place, Suite 605
North Little Rock, AR 72114
(501) 244-0700
(501) 244-2020, fax