Premise Complaint

COMES NOW the Plaintiff, Theresa Shopper, by and through her attorney, D.J. Banovitz, Esq., and for her Complaint states and alleges as follows:

PREFATORY ALLEGATIONS

 

1. The Plaintiff is a citizen and resident of the State of Colorado.

2. Upon information and belief, Defendants have committed a tort in the State of Colorado.

3. Upon information and belief, Defendant Triad Service Solutions, Inc. (hereinafter “Triad”) located 2635 S. Santa Fe, Denver, Colorado 80233, registered agent being Michael Bondi 8257 South Park Circle STE A, Littleton, Colorado 80120.

4. Upon information and belief, Dillon Companies, Inc. d/b/a King Soopers (hereinafter “King Soopers”) owns and operates a grocery store located at 15109 E. Colfax Avenue, Aurora, Colorado 80011, registered agent being Corporation Service Company 1560 Broadway, Suite 2090, Denver, Colorado 80202.

5. Upon information and belief, Triad was a facilities maintenance provider at the subject property located at 15109 E. Colfax Avenue, Aurora, Colorado 80011.

6. On or about June 10, 2006, Plaintiff was lawfully on the subject premises at 15109 E. Colfax Avenue Aurora Colorado 80011 purchasing groceries when she slipped and fell on a floor wet from mopping by defendants and/or their employees and/or agents.

7. The Defendants failed to place caution signs warning of the danger presented by the slippery wet floor.

8. As a direct and proximate result of the Defendants’ conduct and/or negligence and/or failure to take reasonable care to avoid unreasonable risk to invitees on the premises, the Plaintiff sustained the injuries, damages, and losses set forth below.

9. As a direct and proximate result of the Defendants’ conduct and/or negligence and/or failure to take reasonable care to avoid unreasonable risk to invitees on the premises, the Plaintiff has suffered traumatic physical injury, emotional suffering, and disabilities and economic losses and injuries which injuries, damages and losses are permanent in nature and which losses the Plaintiff has suffered in the past and will suffer in the future.

10. As a direct and proximate result of the Defendants’ conduct and/or negligence and/or failure to take reasonable care to avoid unreasonable risk to invitees on the premises, the Plaintiff has and will continue to endure pain and suffering, loss of enjoyment of life, expenses for the services of doctors and other healthcare providers and medical supplies and other such losses.

11. As a direct and proximate result of the Plaintiff’s injuries, the Plaintiff will be prevented from engaging in certain social and recreational activities normal to her lifestyle prior to this incident and will otherwise be prevented from participating in and enjoying the benefits of a full and complete life.

FIRST CLAIM FOR RELIEF

LANDOWNER’S LIABILITY TO INVITEES UNDER

COLORADO REVISED STATUTE § 13-21-115 AGAINST TRIAD

12. Plaintiff restates and incorporates by reference paragraphs 1 through 11 as if more fully set forth herein.

13. Plaintiff was a customer transacting business on the subject premises. As such, Plaintiff was an invitee pursuant to Colorado Revised Statute § 13-21-115.

14. An invitee may recover for damages caused by the landowner’s unreasonable failure to exercise reasonable care to protect against dangers for which they actually know of or should have known.

15. Defendant Triad is and/or was legally responsible for the condition of the premises or for the activities conducted or circumstances existing described herein and it, or its agents and/or employees, unreasonably failed to exercise reasonable care to protect Plaintiff and others similarly situated.

16. Defendant Triad unreasonably failed to exercise reasonable care in its and its agents and/or employees failure to warn of the unreasonable danger to invitees of the hazardous wet floor and is liable to the Plaintiff for the damages caused.

SECOND CLAIM FOR RELIEF

LANDOWNER’S LIABILITY TO INVITEES UNDER

COLORADO REVISED STATUTE § 13-21-115 AGAINST KING SOOPERS

17. Plaintiff restates and incorporates by reference paragraphs 1 through 16 as if more fully set forth herein.

18. Plaintiff was a customer transacting business on the subject premises. As such, Plaintiff was an invitee pursuant to Colorado Revised Statute § 13-21-115.

19. An invitee may recover for damages caused by the landowner’s unreasonable failure to exercise reasonable care to protect against dangers for which they actually know of or should have known.

20. Defendant King Soopers is and/or was legally responsible for the condition of the premises or for the activities conducted or circumstances existing described herein and it, or its agents and/or employees, unreasonably failed to exercise reasonable care to protect Plaintiff and others similarly situated.

21. Defendant King Soopers unreasonably failed to exercise reasonable care in its and its agents and/or employees failure to warn of the unreasonable danger to invitees of the hazardous wet floor and is liable to the Plaintiff for the damages caused.

WHEREFORE, Plaintiff prays that she recover of and from Defendants compensatory damages that she has suffered by virtue of the acts and omissions alleged above; for costs, witness fees, expert witness fees, interest as provided by the rules, laws or statutes; for attorney fees as may be allowed by order of this Court; for an amount which will reasonably compensate Plaintiff for her past and future economic losses, past and future medical expenses, permanent impairments, injuries and/or disabilities; for an amount which will reasonably compensate Plaintiff for past and future pain, suffering, and loss of enjoyment of life and/or the capacity life; and for such other and further relief as shall be deemed just and proper by this Court.