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0% found this document useful (0 votes)
191 views23 pagesComplaint Robinson
This document discusses the lawsuit filed against Bel Air Mall.
Uploaded by
Tyler CarterCopyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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/ 23
DocuMENT?
{GIRCUIT COURT OE
‘MOBILE COUNTY. ALABAMA,
2010 SCHWARZAUER, CLERK
INTHE CIRCUIT COURT OF MOBILE COUNTY, ALABAMA
CALANDRA SMITH individually
and as nex friend of CAMERON
ROBINSON, a minor, NATHANIEL
HENDERSON, CYNTHIA PERRY
individually and ss next friend of
RODRICUS JOHNSON, a minor, and
CHASTITY LETT individually and as
next friend of ZION LETT, a minor,
CIVIL ACTION NO.
JURY TRIAL DEMANDED
Plains,
vs,
RPIBEL AIR MALL, LLC,
BROOKFIELD PROPERTIES, LLC,
BROOKFIELD PROPERTIES
RETAIL, INC., ALLIED BARTON
SECURITY SERVICES, LLC DIBA
ALLIED UNIVERSAL, ANDY
FRAIN SERVICES INC. JUSTIN
KESTLER: FICTITIOUS,
DEFENDANTS I-10,
Fictitious Defendant No. 1, whether singular or plural, that entity oF those entities that is/are the
corporate successors) or successors) in interest to any named of Fittious defendants in this
Fictitious Defendant No. 2, whether singular or plural, that individual or those individuals that
isfare the persons) or personal represenative(s) of any’ named or fictitious defendants,
Fictitious Defendant No. 3, whether singular or plural, that individualindividuals and/or
‘emttyfettes that bare the owner{sV operators) of The Shoppes at Bel Air Mall located at 3299
Joe Treadwell Drive, Mobile, Alabama 36606, that is made the basis ofthis complaint,
Fictitious Defendant No. 4, whether singular or plural, that individual or those indvicual,
whether employed by defendants RPI Bel Air Mall, LLC, Brookfield Properties, LLC and
Brookfield Properties Retail, In. or otherwise, that was/were the agent(s) whose actions/inations
contributed to the negligent and/or wanton aets of any named or fictitious defendants,
Fictitious Defendant No. 5, whether singular of plural, that individualindividuals and/or
ntty/entities that are the masters) o principals) of any named or fictitious defendants,
Fictitious Defendant No. 6, whether singular or plural, that individual/individuals axd/or
enttyletties whose negligence andor wantonness proximately caused the Plaintiffs injuries,
Fictitious Defendant No. 7, whether singular or plural, the individual or those individual that
isfare that person(s) employed by defendant Allied Universal and/or defendant Andy “ran
Services, In. who supervised any ofthe named or fittious defendants, DOCUMENT 2
Fictitious Defendant No.8, is that individual who released the K-9 and commanded it attack.
Plaintiffs, which isthe subject ofthis matter,
Fiettious Defendant No. 9, whether’ singular or plural, that_entiy/entiies and/or
corporation/corporations which provided insurance for any named or fictitious defendants,
Fictitious Defendant No. 10, whether singular or plural, that individval/individuals andlor
entity/entties andor corporation corporations that was the employer of defendant Justin Ketlr,
Defendants,
COMPLAINT
COME NOW the Plans, Calandra Smith, individually and 4s next fiend of Cameron
Robinson, a minor: Nathaniel Henderson; Cynthia Pey, individually and as next feed of
Rodrcus Johnson, minor and Chasity Let, individually and as nex fiend of Zion Let minor
(collectively known as “Plaintiff hy and though the undersigned counsel, and file thei ems
Le,
against Fiettious Party Defendants and the following named Defendants: RPI Bol Air Mall,
Brookfield Properties, LLC, Brookf
ld Properties Retail, ne., Allied Baron Security Services,
LLC da’ Allied Universal, Andy Frain Services, Inc. and Justin Kestler. The Plaintiffs demand
2 trial on all the folowing claims.
‘STATEMENT OF PARTIES, JURISDICTION & VENUE,
1
Plaintiffs Calandra Smith and Cameron Robinson, a minor, ae residents of Alabama
2
Plaintiff Nathaniel Henderson is a resident of Alabama,
3
Plaintiffs Cymhia Perry and Rodticus Johnson, a minor are residents of Alabama, DOCUMENT 2
4
Plsimtfs Chasity Let and Zion Lett minor, are residents of Alabama,
8.
A all mes material hereto, Defendant RPI Bol Ait Mall, LLC is a limited lability
company located st 1114 Avenve ofthe Americas #2800, New York, New York 10036, Atal
times referred to Herein, Defendant owned the property located at 3299 Joe Treadwell Drive,
Mobile, Alabama 36606. RPI Bel Air Mall, LLC may be served witha copy ofthe Summors and
Complaint trough ts registered agent Corporation Service Company, Inc, lcated st 641 South
Lawrence Street, Monigomery, Alabama 36108
6
All times material hereto, Defendant Brookfield Properties, LLC isa limited liability
company with its principal place of business located at 200 Vesey Street 25th Floor, New York
‘New York 10281. Atal times refered to herein, Defendant owned andr operated The Shoppes
at Bel Air Mall lated at 3299 Joe Treadwell Deve, Mobile, Alabama 36606, Defendant
Brookfield Properties, LLC may be served witha copy ofthe Summons and Complain through
its registered agent Corporation Service Company, Inc, leated at 641. South Lawrence test,
Montgomery, Alabama 36104,
1.
all imes material hereto, Defendant Brookfield Properties Retail, Inc. i a corporation
with its principal place of business located at 350 N. Orleans, Suite 300, Chicago, Ilinis 61654,
Atal times referrad to herein, Defendant owned andior operated The Shoppes at Bel Aie Mall
located at 3299 Joe Treadvell Drive, Mobile, Alabama 36606, Defendant Brookfield Properties
Retail, Inc. may be served with a copy ofthe Summons and Complaint through its registered agent
2 DOCUMENT 2
Corporation Service Company, Ine, located at 641 South Lawrence Sweet, Montgomery, Alasama
36104,
8
‘Atall times material hereto, Defendant AlliedBarton Security Services, LLC db Allied
Universal (hersinater “Allied Universal) i limited lability company with ts principal place of|
business located at 161 Washington St, Suite 600, Conshohocken, PA 19428. Defendant lid
Universal may be served with a copy ofthe Summons and Complaint to through its regiered
agent CT Corporat on System, located at 2 Nosh Jackson St, Suite 605, Montgomery, Alabama
36104,
9.
-Acall mes material hereto, Defendant Andy Frain Services, Ine. i corporation wit its
‘rincipal place of business located at 761 Shoreline Drive, Aurora, Ilinois 60504, Defendant Andy
Frain Services, Ine. may be served with a copy of the Summons and Complaint to through is
registered agent CT Corporation System, located at 2 North Jackson St, Suite 608, Montgomery,
Alabama 36104
Defendant Justin Kestler was employed by Defendant Allied Universal as @ K-9 OFiver.
Defendant Kestler may be served with a copy of the Summons and Complaint at 9911 Cumbria
Drive, Daphne, Baldwin County, Alabama 36526.
u
‘The identies of Fictitious Defendants No. 1, 2, 3, 4, 5,6, 7, 8, 9 and 10 are those
Individuals, entities and/or corporations, security companies andior security personnel ofthe DOCUMENT?
Premises whose nameridemites are otherwise unknown to the Paints, and whose tue
namesidentites vil be substituted by amendment when they are ascertained
2
‘The incidert made the basis ofthis Complaint occurred on June 22.2019 in Mobile County,
Alabama
bs
‘This Court may exercise jurisditon over the subject matter ofthis action. Venue a the
Defendants are propery laid inthis Court. Venue is proper in Mobile County a the acts and
omissions complained of giving rise to the elim occured in Mobile County, Albans. All
conditions precedent, if any tothe fling ofthis ation have been satisfied, have occured, andlor
have been waived or excuse.
STATEMENT OF FACTS
us
‘The Plas adopt and incorporate by reference all allegations of Paragraphs | through
15 as if they were lly se-orh herein
Is
Defendants RP! Bel Air Mall, LLC, Brookfield Propetes, LC and Brookfield Propetes
Retail Ine, own andor operate the real propenty known as The Shoppes at Bel Ale Mall octed
at 3299 Joe Treadsell Drive, Mobile, Alabama 36606 (herinaRer may be refered toa the
“Premises") upon which this incident occurred, ocumENT 2
16.
On or about June 22, 2019, PlaintfTs were lawfully i the parking lot of The Shoppes at
Bel Air Mall upon which this incident occurred,
V.
Paints were playing around in the parking lot while making theit way to the mall
Ia,
Plimttfs were approached by Defendant Justin Kester, who was aeting within the course
and scope of hisem ployment as a mall security K-9 officer with Defendant Allied Universal andor
Defendant Andy Fain Serviees, Ine, with his hand on his bolstered gun sereaming for Paints
to “get the fuck onthe wall.”
Paintitis were handeufed, d
ined against their will even aftr offering identification
2,
m on his head while
Defendant Kester grabbed Plain Robinson and slammed
handcuffed after Pintiff Robinson accused him of racial profiling
21
While handcuffed, suddenly and without waming, Defendant Kester released his KD and
‘commanded itt atack Panis, Moreover, while detained, Plan's Henderson, Jonson and Lett
fearfully, fightilly and with anxiety observed Pint Robinson being assaulted and atacksd by
Defendant Kestler and his K-9. This resulted in severe emotional distress and mental anguish forsaid
Plain DOCUMENT 2
2,
‘Asa result ofthis attack, Plants were caused to suffer severe personal injuries inclading,
‘physical pain and suffering and severe emotional distress
23
In addition, Plaintiff Robinson sustained severe bodily injuries and wounds that required
‘emergency medical eare and hospitalization,
24
Atall times material to this action, Plaintiffs were unarmed and did not eause o provoke
the K-9 attack on June 22,2019.
25,
‘Thereaer, Plaimffs were placed under arest.
2%
RPI Bel Air Mall, LLC, Brookfield Properties, LLC, Brookfield Properties Ret
Allied Universal and Andy Frain Services, ne. provide security for the Premises and its invites,
27
RPI Bel Air Mall, LLC, Brookfield Properties, LLC, Brookfield Properties Retail, Ine,
Allied Universal and Andy Frain Services, Inc. promise security to their guests, tenants, and
invitees
28,
RPI Bel Air Mall, LLC, Brookfield Properties, LLC, Brookfield Properties Ret, In., ocuMeNT 2
Allied Universal and/or Andy Fran Services Inc. employed Defendant Kesler asa K-9 oie.
28.
[At all times relevant hereto, RPL Bel Aie Mall, LLC, Brookfield Properties, LLC,
Brookfield Propertes Retail ne. lied Universal and Andy Frain Services, Inc. acknowledged
and recognized the nee foe security, and thus owed a duty’ to Plants to provide properly trained
and supervised security on is premises,
30,
[At all times relevant hereto, RPI Bel Air Mall, LLC, Brookfield Properties, LLC,
Brookfield Propertes Retail, Inc. Allied Universal and Andy Frain Services, Inc. had a duty to
properly supervise and/or monitor its security officer's), Defendant Kestler and/or Fictitious
Defendant 8
34
‘As a result of RPI Bel Air Mall, LLC, Brookfield Properties, LLC, Brookfield Properties
Retail, Ine, Allied Universal and Andy Frain Services Inc.'s breach of duty, Plaintiffs suffered
severe emotional tess, physical pain and sulering and depression and have been unale to
funetion properly in their normal capacity
Causes of Action
Count 1; Plaintiffs? Negligence/Wanton Claims for Failure to ProvidelMaintain Safe
Premises against Defendants RPI Bel Air Mall, LLC, Brookfield Properties
LLG, Allied Universal, Andy Frain Serviees, Inc. and Fictitious Defendants
3.4yand 6. DOCUMENT 2
22
Platts adopt and incorporate by reference ll
itthey were fully st-forth herein.
33
[At the above mentioned time and place, Defendants RPI Bel Air Mall, LLC, Brookfield
I, Andy Frain Services Ine.
Properties, LLC, Brookfield Properties Retail, Inc. Allied Univers
and Fictitious Defendants 3, 4, and 6, by and through its agents and employees, breached their
duty to exercise ordinary and diligent cae for the safety and protection of its guests and invites,
including Paintil, through the following acts of omission or commission
A. Failing to provide adequate security for its guests, tenants, invitees and the public,
including Pants
B. Failing to have properly trained and supervised guards;
. Failing to have adequate security guards to protect its guess, tenants, invites andthe
publi
cluding Pains;
D Failing t hire andlor retain competent security guards to protect its guest, tenants,
invitees andthe public, including Platts;
E, Failure to require properly tained security guards 1o be reasonably skillful, competent
andor qualified to exercise appropriate and proper security measures so that they eculd
Protect its guest, tenants, invitees and the publi, including Paints pocumeNt?
F. Failing io implement adequate security policies, security measures and procedures
necessary to protect Plaintiffs, and other guests, tenants, invitees of the Premises
G. Failing to remove officer Kestler after being put on notice that his security services
were inadequate;
5 A through G, individually andlor as a whole, represent
deviations om the existing standard of care with regard to security as recognized by
businesses; and
|. Falure by security monitoring the parking lotto relay tothe K-9 unit and Mobile Pelice
thatthe situation was clear and did not need security.
J. Additonal acts of negligence not yet discovered
en
‘A. RPIBel Air Mall, LLC, through its owners,
gents and employees, allowed its own
security guard fo attack an unarmed detained invitee by releasing a K-9 which
attacked Plait Robinson while Plinifs Henderson, Johnson and Let fearilly,
Frighifully and with anxiety observed;
B. Brookfield Properties, LLC, theough its owners, agents and employees, allowee its
own security guard to attack an unarmed detained invitee by releasing a K-9 which
attacked Plaintiff Robinson while Plinifs Henderson, Johnson and Let fesfilly,
fighifily and with anxiety observed: DOCUMENT 2
. Brookfield Properties Retail, Inc, through its owners, agents and employees, allowed
its ownseeurity guard to attack an unarmed detained invite by releasing a K-9 which
attacked Plaintiff Robinson while Plaintiffs Henderson, Johnson and Lett earflly,
Feightflly and with anxiety observed;
D. Allied Universal, through is owners, agents and employees, allowed its own security
guard w attack an unarmed detained invitee by releasing a K-9 which attacked
Plsinif-Robinson while Plaintiffs Henderson, Johnson and Lett fearfully, frightfally
and with anxiety observed:
E, Andy Frain Services, Inc. through its owners, agents and employees allowed its on
security guard to attack an unarmed detained invitee by releasing a K-9 which
attacked Plaintiff Robinson while Plaintiffs Henderson, Johnson and Lett fearflly,
fightly and with anxiety observed:
3
A all material times, RPI Bel Aie Mall, LLC, Brookfield Properties, LLC, Brookfeld
Properties Retail, ne, Allied Universal, Andy Frain Services Inc. and Fictitious Defendant 3,
4sand 6 through its owners, agents and employees, negligently fled o hire persons employees
andor agents reasonably suited for providing, implementing and maintaining proper security
rmeasutes adequate to ensure the Safety aft guests, tenants, nvitees and the publi, inlucing
the areas ofthe premises where the subject incident oocurte. ocumeNT?
36
‘The negligence of RPI Bel Air Mall, LLC, Brookfield Properties, LLC, Brookfield
Properties Retail In. Allied Universal, Andy Frain Services, Ine, and Fittious Defendans 3,
and 6 proximately caused injuries to Plains and directly led tothe eriminal attack on Plaintiff
Robinson in that:
|A. Defendant Kesler andlor Fictitious Defendant 8 could carry out physical assaults on
the premises without fear of being caught, discovered, and/or prosecuted,
B. An atmosphere was ereated on the premises, which facilitated the commission of|
Defendant Kestler andlor Fit
us Defendant 8, Allied Universal,
snd Andy Frain
Services, Inc.’s physical conduet with PlaintifT Robinson was not consensual and constituted @
harmful and offensive touching
1.
Defendant Kesler andlor Fictitious Defendant 8, Allied Universal, and Andy Frain
Services Ines improper use of the K- erated a reasonable apprehension of an imminert and
harmful contact where Pais expected that hey were about to be tovched in a harmful way by
Defendant Kestler and/or Fictitious Defendant 8 and/or their K-9 Kosmo.
58.
‘Asa direct and proximate result of Defendant Kester andor Fetus Defendant 8, led
Universal, and Andy Feain Services, In.'s conduct, Plants are entitled to recover actual and
punitive damages trom Defendants as determined bya jury.
WHEREFORE, PREMISES CONSIDERED, Plaintiffs respectilly demané_the
following reli against Defendant Kester andlor Fetiious Defendant &, Allied Universal and
Andy Frain Serves, Ine.
8) compensatory damages:
1) punitive damages to deter future similar wrongs:
©) interest and cout cost and
1) other further relief as the Court may deem just and proper.
Count V: Plaintiff’ Zone of Danger- Negligent Emotional Distress Claims against
Defendants RPI Bel Air Mall, LLC, Brookfield Properties LLC, Allied
Universal, Andy Frain Services, Inc, and Justin Kestler. DOCUMENT?
39,
Plaintiffs adopt and incorporate by al reference al allegations of paragraphs 1 through 58
asf they were fully set-forth herein,
60,
At
the previously mentioned time and place, Defendants RPI Bel Air Mall, LLC,
Brookfield Properies, LLC, Brookfield Properties Retail, Inc, Allied Universal, Andy Frain
Serviees, ne, and Justin Kester, had a duty to exercise ordinary and diligent care forthe safety
and protection of is guests and invitees, including Plants
61
Said duty was breached when Defendants allowed its own security guard to attack an
unarmed detained invitee by releasing a K-9 which atacked Plaintiff Robinson, Moreover, while
