dothan lawsuit over press box at westgate park

8/2/2019 Dothan Lawsuit Over Press Box At Westgate Park

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IN THE CIRCUIT COURT OF HOUSTON COUNTY, ALABAMA

DAVID LALIBERTE and

JEAN LALIBERTE,

Plaintiffso

v.

CITY OF DOTHAN and

and t'At', that person, corporationn or

other legal entity who designed the press box

made subject of this Complaintr'(B"rthat

person, corporationo or other legal entity who

constructed the press box made subject

of this Complaint, and t'Ctt, eelJmr'(E')s

rrprr, ncrr and ttHtt those persons or entities

whose negligence or other wrongful or

actionable conduct caused or contributed

to the injuries and damages sustained by

the Plaintiff; the existence and identities

of all such fictitious Defendants being

presently unknown to the Plaintiff' but

will be substituted by amendment when

ascertained.

Ilefendants.

Case No. CY-2012-

Jury Demand Requested

VERI IED qOMPLAINT

STATEMEIYT OF THE PARTIES

1. plaintiff David Laliberte is over the age of nineteen (19) years and resides in Pike

County, Alabama.

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ELECTRONICALLY FILED3/27/2012 2:36 PM

CV-2012-900105.00CIRCUIT COURT OF

HOUSTON COUNTY, ALABAMCARLA H. WOODALL, CLER



2.

J.

4.

Plaintiff Jean Laliberte is over the age of nineteen (19) years and resides in Pike

County, Alabama.

Defendant City of Dothan is a municipality in the State of Alabam4 County of

Houston.

Defendant6'At' is that person, corporation, or other legal entity who designed the

press box made subject of this Complaint, whose identity is presently unknown and

will be added by amendment to this Complaint when ascertained.

Defendant "B" is that person, corporation, or other legal entity who constructed the

press box made subject ofthis Complaint, whose identity is presently unknown and

will be added by amendment to this Complaint when ascertained.

Fictitious Defendants C througtr H, being those persons or entities who may be

legally responsible for the claims set forth herein and who may be added by

amendment by Plaintiffs when their identities are ascertained by further discovery

and who are parties to the actions described herein or a.re otherwise obligated to

perform the duties and obligations described herein, whose identity is presently

unknown and will be added by amendment to this Complaint when ascertained.

This action is based upon an incident occurring in Dothan, Houston County, Alabama

on or about the July 31, 2010.

On November 12,2010, the Plaintiff did submit a Sworn Statement of Claim for

Damages Against City of Dothan, Pursuant to Section ll-47-190-192, Code of

Alabama (1975). The City did not respond to same.

COUNT I.I\"EGLIGENCE

plaintiffs adopt and re-allege paragraphs 1 through 8 above as iffully set forth herein.

On or about the 3l't day of July,2010 at approximately 6:15 p-m., PlaintiffDavid

Laliberte was injured at Westgate Park Recreation Center, property owned and

operated by the City of Dothan. This area of Westgate Park is commonly known as

"The Field of Dreams" designed for persons with handicaps'

plaintiff David Laliberte was an invitee to the property in order to broadcast the 13

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6.

7.

8.

9.

10.

11.

a



yearold recreation state playoff baseball game.

As Plaintiff David Laliberte was descending the blackpainted stairs of the press box,

a trash receptacle was located on the upper landing near the top of the black painted

stairs. This trash receptacle presented an obstacle to Plaintiff David Laliberte and he

was forced to step to the left side of the staircase. This portion of the stairway is

located in a 90-degree curve and is considerably narrower than the opposing side.

This caused Plaintiff David Laliberte to lose his footing. He attempted to regain his

balance by grasping for the handrail as he was falling, but discovered there were no

handrails installed. Additionally, there was no lighting in the stairway except for any

minimal natural lighting that might come through the windows from the top floor of

the press box.

As a result of the aforementioned, Plaintiff David Laliberte fell down the entire

stairway to the bottom floor, coming to rest outside the door of the press box.

Plaintiff David Laliberte was transported from the scene via ambulance to Flowers

Hospital. PlaintiffDavid Laliberte received emergency treatment at this time and has

continued to receive surgery, treatments and rehabilitation since this incident.

PlaintiffDavid Laliberte has suffered, continues to suffer and will suffer inthe future

severe physicalpain, permanentinjurieswith lifelong impairment, mental agonyand

anguish, and has incurred expeoses for medical attention.

WHEREFORE, Plaintifts demand judgment against the Defendants, the amount to be

determined by ajury, to compensate the Plaintifffor his personal injuries and costs.

COUNT II. GROSS NEGLIGENCE

Plaintiffs adopt and re-allege paragraphs I through 15 above as if fully set forth

herein.

As PlaintiffDavid Laliberte was descending the black painted stairs ofthe press box,

a trash receptacle was located on the upper landing near the top ofthe black painted

stairs. This trash receptacle presented an obstacle to PlaintiffDavid Laliberte and he


t2.

13.

14.

15.

T6,

17.

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located in a 90-degree curve and is considerably narrower than the opposing side-



handrails installed. Additionally, there was no lighting in the stairway except for any

minimal natural lighting that might eome through the windows from the top floor of

the press box.

As a direct and proximate cause and result ofDefendants' gross negligence, Plaintiff

David Laliberte was caused to suffer physical injuries, mental pain and agony, and

incurred expenses for medical treatfiIent.

Ptaintiff David Laliberte will continue to suffer physical pain, permanent injuries

with lifelong impairment, mental pain and agony as a result of the Defendants' said

gross negligence and wantonness.

WHEREFORE, Plaintiffs demand judgment of punitive damages against the Defendants

in the amount to be determined by a jury to punish the Defendants for their grossly negligent actions

and to deter others from same or similar conduct.

20.

COUNT III - I$EGLIGENT CONSTRUgTION

Plaintiffs adopt and re-allege paragraphs 1 through 19 above as if fully set forth

herein.

As Plaintiff David Laliberte was descending the black painted stairs ofthe press box,




located in a 9Q-degree curve and is considerably narower than the opposing side.

This caused PlaintiffDavid Laliberte to lose his footing. He attempted to regain his


handrails installed. Additionally, there was no lighting inthe stairway except for any


the press box.

18.

19.

2t.

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As a direct and proximate cause and result of Defendants' negligent construction,

Plaintiff David Laliberte was caused to suffer physical injuries, permanent injuries

with lifelong impairment, mental pain and agony, and incurred expenses for medical

treatment.

PlaintiffDavid Laliberte will continue to sufferphysical pain, mental painand agony

as a result of the Defendants' said gtoss construction.

WHEREFORE, Plaintiffs demand judgment of damages against the Defendants in the

amount to be determined by a jury to punish the Defendants for their negligent construction and to

deter others from same or similar conduct.

COT]NT IV - NEGLIGENT DESIGN

Plaintiffs adopt and re-allege paragraphs I through 22 above as if fully set forth

herein.

As Plaintiff David Laliberte was descending the black painted stairs ofthe press box,




located in a 90-degree curve and is considerably narrower than the opposing side.



handrails installed. Additionally, there was no lighting inthe stairway except for any


the press box.

OSHA Publication 3I24 - Stairways and Ladders states, in part, o'stairways with four

or more risers, or that rise more than 30 inches (76 cm) in height - whichever is less -

must have at least one handrail."

Additionally, the IBC - Internqtional Building Code, Section 1009 Stairways and

Handrails,states, inpart, "1009.1 1 Handrails. Stairways shall have handrails oneach

side."

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27.

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28. Furthermore,theAmericans with Disabilities Act (ADA) Accessibility Guidelinesfor

Buildings and Facilifles, Section 4.9 Stairs, states, in part, *4.9.4Handrails.

Stairways shall have handrails at both sides of all stairs. Handrails shall comply with

4.26 and shall have the following features: (l) Handrails shall be continuous along

both sides of stairs...(2) If handrails are not continuous, they shall extend at least l2

in (305mm) beyond the top riser and at least 12 in (305 mm) plus the width of one

tread beyond the bottom riser..."

Additionally,the Americans with Disabilities Act (ADA) Accessibility Guidelines for

Buildings and Faciliffes, Section 15 Recreation Facilities states, in part, 'Newly

designed or newly constructed and altered recreation facilities shall comply with the

applicable requirements of Section 4 andthe special application sections, except as

modified or otherwise provided for in this section."

29. As a direct and proximate cause and result of Defendants' negligent construction,

Plaintiff David Laliberte was caused to suffer physical injuries, mental pain and

agony, and incurred expenses for medical treatment.

30. PlaintiffDavid Lalibertewill continueto sufferphysical pain, mentalpainandagony

as a result of the Defendants' said gross negligence and wantonness.

WHEREFORE, Plaintiffs demand judgment of damages against the Defendants in the

amount to be determined by a jury to punish the Defendants for their negligent design and to deter

others from same or similar conduct.

COUNT V. LOSS OF CONSORTIUM

31. The Plaintiffs adopt and re-allege paragraphs 1 through 30 above as if fully set forth

herein.

32. The Plaintiffs' lives have been so drastically altered due to PlaintiffDavid Laliberte's

injuries that they have been also caused to suffer from the lack of companionship ofeach other, more specifically the sex, society, and services rendered each other has

greatly diminished and/or ended.

WHEREFORE, Plaintiffs demand judgement against Defendants in an amount to be

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determined by ajury in an amount necessary to compensate them for their loss of consortium claims.

CERVERA, RALPH & REEYES, LLC914 South Brundidge Street

P. O. Box 325

Troy, Alabama 36081

(334) s66-01 l6

David Lalibe

Plaintiff

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STATE OF ALABAMA )couNTY oF PrKE )

Before me, the undersigned authority, in and for said county and state, personallyappeared David Laliberte who being by me first duly sworn, deposes and says on oath that he hasread the foregoing and that the allegations of the foregoing Verified Complaint are true andcorrect to the best of his information and belief.

T]tris 2l-oaay or M0fC h ,zorz.

STATE OF ALABAMACOLINTY OF PIKE

Before me, the undersigned authority, in and for said county and state, personallyappeared Jean Laliberte who being by me first duly sworn, deposes and says on oath that she hasread the foregoing and that the allegations of the foregoing Verified Complaint are true and

correct to the best of her information and belief.

rt""2l-o

)

)

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dothan lawsuit over press box at westgate park

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