COUNTY OF COOK

STATE OF ILLINOIS

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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, LAW DIVISION
PHYLLIS NELSON, as Special Administrator
of the Estate of MARQUES GAINES, deceased,
Plaintiff,
v.
7-ELEVEN, INC.,
7-ELEVEN INC.,
MOTHER HUBBARDS CUPBOARD,
7-ELEVEN STORE #33363,
CHICAGO TAXI, INC.,
GLOBE TAXI ASSOCIATION, INC., and
MEHDI SEYFTOLOOI,
Defendants.

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2016 L 002209
Trial By Jury Demanded

SECOND AMENDED COMPLAINT

COUNT I WRONGFUL DEATH 7-ELEVEN INC., 7-ELEVEN, INC., MOTHER
HUBBARDS CUPBOARD, 7-ELEVEN STORE #33363

NOW COMES the plaintiff, PHYLLIS NELSON, as Special Administrator of the Estate
of MARQUES GAINES, deceased, by and through her attorneys in this regard, Hurley McKenna
& Mertz, P.C., and as Count I of her Second Amended Complaint against defendant 7-ELEVEN
INC., 7-ELEVEN, INC., MOTHER HUBBARDS CUPBOARD, and 7-ELEVEN STORE
#33363 (hereinafter collectively referred to as 7-ELEVEN, INC.), she states as follows:
1.

Defendant 7-ELEVEN, INC. is a Texas corporation headquartered in Dallas,

Texas.

2.

Defendant 7-ELEVEN, INC. is a corporation that owns, operates, and manages

over 8,000 convenience stores in the United States.

3.

In connection with its ownership, operation, and management of its convenience

stores, Defendant 7-ELEVEN, INC. claims that crime deterrence is a priority.

4.

Defendant 7-ELEVEN, INC. further claims that from store-personnel training

programs to responsible cash control and the installation of surveillance cameras, crimedeterrence is foremost in our minds.
5.

Defendant 7-ELEVEN, INC. keeps most of its stores open 24 hours per day, 7

days per week.

6.

As of February 7, 2016, and at all times relevant to this Complaint, Defendant 7-

ELEVEN, INC. owned, operated, controlled and managed 7-ELEVEN STORE #33363 located
at or near 414 N. State Street in Chicago, Illinois.
7.

As of February 7, 2016, Defendant 7-ELEVEN, INC. kept 7-ELEVEN STORE

#33363 open 24 hours per day, seven days per week.

8.

As of February 7, 2016, Defendant 7-ELEVEN, INC. knew or should have known

that the neighborhood that surrounded 7-ELEVEN STORE #33363 became dangerous during
late-night hours including during store business hours.
9.

This danger was posed, in part, by patrons that left nearby bars when they closed

at or about 4:00 AM.

10.

Additionally, 7-ELEVEN, INC. employees knew of numerous instances of

criminal activity in and around 7-ELEVEN STORE #33363 that occurred late at night.

11.

The criminal activity that 7-ELEVEN, INC. knew or should have known of

included knowledge of individuals that would assault, batter, and rob patrons that left 7ELEVEN STORE #33363.
12.

The criminal activity that 7-ELEVEN, INC. knew or should have known of

included knowledge of numerous instances of batteries and robberies within 600 feet of 7ELEVEN STORE #33363.
13.

Additionally, public records available to 7-ELEVEN, INC. revealed at least 56

serious crimes occurring within 1 block of 7-ELEVEN STORE #33363 between December 13,
2015 and February 7, 2016.
14.

Between December 13, 2015 and February 7, 2016, at least 31 instances of

larceny or theft, 5 robberies, and 18 batteries occurred and were documented and publicly
available on the City of Chicagos ClearPath system.
15.

On February 6, 2016 and February 7, 2016, 32-year-old Decedent MARQUES

GAINES was employed as a bartender at the Marriott on the Magnificent Mile.

16.

Following his shift that evening, MARQUES GAINES went to Mother Hubbards

for drinks with co-workers.

17.

On February 7, 2016, at approximately 4:16 AM, MARQUES GAINES entered

7-ELEVEN STORE #33363 to buy a bag of chips.

18.

On February 7, 2016, at approximately 4:18 AM, MARQUES GAINES paid for

this chips and began to walk towards the exit of the 7-ELEVEN, INC. store.
19.

While MARQUES GAINES was in the store, an unknown individual attempted to

enter the store at approximately 4:18:07 AM.

20.

At the time, a 7-ELEVEN, INC. employee was working as a security guard and

standing outside of 7-ELEVEN STORE #33363 on the sidewalk.

21.

As the unknown individual attempted to enter the store, the 7-ELEVEN, INC.

security guard returned to the store from the sidewalk and ejected the individual from the 7ELEVEN, INC. store.
22.

This ejection from the store prompted a confrontation between the 7-ELEVEN,

INC. employee and the unknown individual.

23.

As MARQUES GAINES exited the store he was confronted by the man originally

ejected by the 7-ELEVEN, INC. employee.

24.

The unknown man continued the confrontation with the 7-ELEVEN, INC.

security guard who escalated the confrontation by yelling back at the man.
25.

At approximately 4:19:55 AM, Marques Gaines attempted to leave the

confrontation by walking between the unknown individual and the 7-ELEVEN, INC. security
guard but was struck by the assailant in the back of the head.
26.

The unknown individual then struck MARQUES GAINES a second time,

knocking him unconscious.

27.

The attack of MARQUES GAINES occurred both on store property and in the

only avenue of ingress and egress to and from the store.

28.

The 7-ELEVEN, INC. security guard watched as MARQUES GAINES was

brutally assaulted by the man that originally confronted the 7-ELEVEN, INC. security guard.
29.

Following the attack, the 7-ELEVEN, INC. security guard returned inside the

store.

30.

After the 7-ELEVEN, INC. security guard returned to the store, he watched from

the window of the store as two individuals robbed MARQUES GAINES as he lay unconscious
in the street.
31.

Approximately 90 seconds later, at about 4:21:29 AM, a different 7-ELEVEN,

INC. employee left the store and walked over to where MARQUES GAINES lay unconscious in
the street.
32.

At 4:21:38 AM the 7-ELEVEN, INC. security guard left the store and walked

over to where MARQUES GAINES lied unconscious in the street.

33.

Both the 7-ELEVEN, INC. security guard and the 7-ELEVEN, INC. clerk stood

over MARQUES GAINES for approximately 30 seconds, staring at him.

34.

Neither the 7-ELEVEN, INC. security guard nor the 7-ELEVEN, INC. clerk ever

attempted to help MARQUES GAINES in any manner whatsoever and, instead, simply stood on
the sidewalk as he lay unconscious and unprotected in the street.
35.

At approximately 4:22:00 a full two minutes after MARQUES GAINES was

originally rendered unconscious by an attack by an unknown assailant a cab operated by coDefendants ran over MARQUES GAINES as the 7-ELEVEN, INC. employees stood on the
sidewalk staring at him.
36.

MARQUES GAINES remained pinned underneath the cab for approximately

three minutes.
37.

Eventually MARQUES GAINES was freed from beneath the cab by emergency

personnel and transported to Northwestern Memorial Hospital.

38.

There, MARQUES GAINES underwent emergency surgery.

39.

The surgery revealed devastating maceration of the intrahepatic vascular

structures.
40.

During the surgery, MARQUES GAINES coded five times and was revived four

of those five times.

41.

When MARQUES GAINES coded for the fifth time, doctors noted that at this

time it was very clear that the whole intrahepatic vascular structure was decimated and not
amenable to surgical repair in a timely manner.
42.

MARQUES GAINES died shortly thereafter.

The Special Relationship Between Defendant 7-ELEVEN INC. and MARQUES GAINES
43.

Under Illinois law, a special relationship existed between 7-ELEVEN, INC. and

MARQUES GAINES.
44.

Specifically, MARQUES GAINES was a business invitee of 7-ELEVEN, INC.

throughout the entirety of this incident.

45.

As a business invitee, 7-ELEVEN, INC. owed MARQUES GAINES a duty to

exercise ordinary care for his safety.

46.

7-ELEVEN, INC.s knowledge of criminal activity in the immediate vicinity of

its store, during the hours in which MARQUES GAINES was assaulted, gave rise to a duty of 7ELEVEN, INC. to protect MARQUES GAINES from attacks by third parties and to warn
MARQUES GAINES of the danger of such attacks.
47.

7-ELEVEN, INC., through its employees, also had knowledge of this particular

assailants past violent and erratic tendencies as evidenced by store security ejecting the assailant
from the 7-ELEVEN, INC. store.

48.

7-ELEVEN, INC., through its employees, also knew that on the date of the

incident February 7, 2016 MARQUES GAINESs assailant was acting violently and
erratically and posed a threat to patrons of the store.
49.

Because of 7-ELEVEN, INC.s knowledge of: a) prior criminal activity in the

area late at night; b) the previous violent and erratic tendencies of MARQUES GAINESs
assailant; and c) the erratic and violent tendencies of MARQUES GAINESs assailant on the
night of the incident, it was reasonably foreseeable that MARQUES GAINES and other patrons
would be harmed by the third party criminal.
50.

7-ELEVEN, INC.s knowledge of the violent and erratic tendencies of

MARQUES GAINESs attacker (both on the day of the incident and previously) gave rise to a
duty of 7-ELEVEN, INC. to protect MARQUES GAINES from an attack by his third-party
assailant.
The Voluntary Undertaking of 7-ELEVEN INC.
51.

In addition to the duty arising under the special relationship outlined above, 7-

ELEVEN, INC. voluntarily undertook to protect store patrons from criminal attacks by others
and engaged in the undertaking in a negligent manner.
52.

7-ELEVEN, INC.s website indicates that it takes crime deterrence seriously and

implements a number of measures to deter crime, including employee training.

53.

Additionally, on the date of the incident, 7-ELEVEN, INC. employed a security

guard to protect patrons.

54.

This particular security guard was not present for the purposes of inventory

protection but, rather, to protect store patrons.

55.

This is evidenced by the fact that, throughout the time frame leading up to

MARQUES GAINESs attack, the security guard is not present inside the store but, instead,
stood outside of the store on the sidewalk.
56.

Likewise, the security ejected an individual from the store that he knew posed a

threat to patrons.
57.

In engaging in safety and crime-deterrent training of employees, employing a

security guard, and employing a security guard for the protection of patrons, 7-ELEVEN, INC.
voluntarily undertook to protect patrons from third party criminal acts.
58.

Additionally, in this instance, 7-ELEVEN, INC. employees voluntarily undertook

to protect MARQUES GAINES when they left the store and stood on the sidewalk watching
MARQUES GAINES as he lay unconscious in the street.
59.

7-ELEVEN, INC. employees, through their actions in undertaking to protect

MARQUES GAINES both before and after his attack, owed a duty to engage in the voluntary
undertaking in a reasonably careful manner.
60.

On February 7, 2016 and at all times relevant to this Second Amended Complaint,

7-ELEVEN INC., 7-ELEVEN, INC., MOTHER HUBBARDS CUPBOARD, and 7-ELEVEN

STORE #33363 breached the aforementioned duties for the following reasons:
a. Failed to properly train its employees in safety measures;
b. Voluntarily undertook to provide crime deterrent mechanisms within its store,
including training employees on proper response to threats, but trained its
employees in a negligent manner;
c. Failed to properly train its employees in how to respond to known, violent
criminals on 7-ELEVEN, INC. property;
d. Failed to provide adequately trained security during time frames in which it
knew violent criminal activity routinely took place outside of its store;

e. Through its employees, failed to call 911 when it knew an individual that
posed a threat to patrons attempted to enter the store;
f. Through its employees, failed to call 911 when a known violent individual
was pacing in front of the store, attempting to enter the store, and threatening
individuals entering and exiting the store;
g. Voluntarily undertook to protect customers and business invitees from violent
criminals but, instead of calling 911 to report the threat, escalated the threat
through a confrontation with the violent criminal;
h. Instead of calling 911 in response to the threat outlined above, escalated the
threat by yelling at the violent individual that posed a threat to customers;
i. Attempted to provide security to patrons but then watched and failed to
intervene in any way as a third-party criminal assailant violently attacked
MARQUES GAINES and rendered him unconscious and lying in the street;
j. Instead of assisting MARQUES GAINES following the attack, returned to
inside the store from the sidewalk and watched MARQUES GAINES lay in
the street unconscious.
k. Approximately 90 seconds after the attack, left the store to assist an
unconscious customer MARQUES GAINES but instead of assisting him,
watched as he lay in the street and was struck and killed by a cab;
l. Failed to provide a safe avenue of ingress and egress to and from the store;
m. Knew that a violent, unstable individual stood in the avenue of ingress and
egress threatening customers but did nothing to address the threat or provide a
safe avenue of ingress and egress for their customers;
n. Voluntarily undertook to assist an unconscious customer MARQUES
GAINES but instead of assisting him, watched as he lay in the street and
was struck and killed by a cab;
o. Failed to block or waive off traffic as their customer lay in the street following
the attack.
61.

The acts and omissions of Defendants 7-ELEVEN INC., 7-ELEVEN, INC.,

MOTHER HUBBARDS CUPBOARD, and 7-ELEVEN STORE #33363 proximately caused

MARQUES GAINESs death.
62.

As a result of MARQUES GAINESs death, his next-of-kin have suffered

damages including loss of society.

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WHEREFORE, the plaintiff, PHYLLIS NELSON, as Special Administrator of the Estate

of MARQUES GAINES, Deceased, by his attorneys, Hurley McKenna & Mertz, P.C., prays for
judgment against defendants 7-ELEVEN INC., 7-ELEVEN, INC., MOTHER HUBBARDS
CUPBOARD, and 7-ELEVEN STORE #33363, in an amount in excess of Fifty Thousand
($50,000), plus the costs of this action.
COUNT II NEGLIGENCE WRONGFUL DEATH CHICAGO TAXI INC.
NOW COMES the plaintiff, PHYLLIS NELSON, as Special Administrator of the Estate
of MARQUES GAINES, deceased, by and through her attorneys in this regard, Hurley McKenna
& Mertz, P.C., and as Count II of her Second Amended Complaint against defendant CHICAGO
TAXI INC., she states as follows:
1.

Defendant CHICAGO TAXI INC. is an Illinois corporation, located in the City of

Chicago, County of Cook, State of Illinois.

2.

CHICAGO TAXI INC. is a corporation that owns and operates various taxi cabs

in the City including Cab Number 1286.

3.

On February 7, 2016, at approximately 4:20 A.M., CHICAGO TAXI INC.,

through its owner, employee, agent, or apparent agent, was operating a cab at or near the
intersection of Hubbard and State Street in the River North neighborhood of Chicago.
4.

On February 7, 2016, at approximately 4:20 A.M., Decedent MARQUES

GAINES was leaving a 711 convenient store located on the southwest corner of the intersection
of Hubbard and State Street.
5.

As MARQUES GAINES left the 711 store, he was approached by an unknown

male subject.

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6.

That male subject then assaulted MARQUES GAINES by striking him in the

7.

MARQUES GAINES fell into the street and was knocked unconscious.

8.

Upon information and belief, MARQUES GAINES was then robbed of certain

face.

belongings.
9.

MARQUES GAINES remained unconscious and lying in the street.

10.

The owner, employee, agent, or apparent agent of CHICAGO TAXI INC. then

struck MARQUES GAINES as he lay unconscious in the street.

11.

MARQUES GAINES died from his injuries approximately four hours later at

Northwestern Memorial Hospital.

12.

At all times relevant to this Complaint, CHICAGO TAXI INC. through its

employees, owners, agents, drivers, and apparent agents owed a duty to the public to operate its
vehicle in a reasonably safe manner.
13.

On February 7, 2016 and at all times relevant to this Complaint, CHICAGO

TAXI INC., through its employee, owner, agent, driver, and apparent agent breached that duty
and was negligent for one or more of the following reasons:
a. Failed to maintain a proper lookout;
b. Drove while distracted;
c. Failed to stop its vehicle prior to striking an individual;
d. Operated its vehicle at an excessive speed;
e. Failed to observe and stop for an individual lying in the street;
f. Caused his vehicle to strike another individual.
14.

The acts and omissions of Defendant CHICAGO TAXI INC. proximately caused

MARQUES GAINESs death.

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15.

As a result of MARQUES GAINESs death, his next-of-kin have suffered

damages including loss of society.

WHEREFORE, the plaintiff, PHYLLIS NELSON, as Special Administrator of the Estate
of MARQUES GAINES, Deceased, by his attorneys, Hurley McKenna & Mertz, P.C., prays for
judgment against defendant CHICAGO TAXI INC., in an amount in excess of Fifty Thousand
($50,000), plus the costs of this action.
COUNT III NEGLIGENCE WRONGFUL DEATH
GLOBE TAXI ASSOCIATION, INC.
NOW COMES the plaintiff, PHYLLIS NELSON, as Special Administrator of the Estate
of MARQUES GAINES, deceased, by and through her attorneys in this regard, Hurley McKenna
& Mertz, P.C., and as Count III of her Second Amended Complaint against defendant GLOBE
TAXI ASSOCIATION, INC., she states as follows:
1.

Defendant GLOBE TAXI ASSOCIATION, INC. is an Illinois corporation,

located in the City of Chicago, County of Cook, State of Illinois.

2.

GLOBE TAXI ASSOCIATION, INC. is a corporation that owns and operates

various taxi cabs in the City including Cab Number 1286.

3.

On February 7, 2016, at approximately 4:20 A.M., GLOBE TAXI

ASSOCIATION, INC., through its owner, employee, agent, or apparent agent, was operating a
cab at or near the intersection of Hubbard and State Street in the River North neighborhood of
Chicago.
4.

On February 7, 2016, at approximately 4:20 A.M., Decedent MARQUES

GAINES was leaving a 711 convenient store located on the southwest corner of the intersection
of Hubbard and State Street.

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5.

As MARQUES GAINES left the 711 store, he was approached by an unknown

male subject.
6.

That male subject then assaulted MARQUES GAINES by striking him in the

7.

MARQUES GAINES fell into the street and was knocked unconscious.

8.

Upon information and belief, MARQUES GAINES was then robbed of certain

face.

belongings.
9.

MARQUES GAINES remained unconscious and lying in the street.

10.

The owner, employee, agent, or apparent agent of GLOBE TAXI

ASSOCIATION, INC. then struck MARQUES GAINES as he lay unconscious in the street.
11.

MARQUES GAINES died from his injuries approximately four hours later at

Northwestern Memorial Hospital.

12.

At all times relevant to this Complaint, GLOBE TAXI ASSOCIATION, INC.

through its employees, owners, agents, drivers, and apparent agents owed a duty to the public to
operate its vehicle in a reasonably safe manner.
13.

On February 7, 2016 and at all times relevant to this Complaint, GLOBE TAXI

ASSOCIATION, INC., through its employee, owner, agent, driver, and apparent agent breached
that duty and was negligent for one or more of the following reasons:
a. Failed to maintain a proper lookout;
b. Drove while distracted;
c. Failed to stop its vehicle prior to striking an individual;
d. Operated its vehicle at an excessive speed;
e. Failed to observe and stop for an individual lying in the street;
f. Caused his vehicle to strike another individual.
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14.

The acts and omissions of Defendant GLOBE TAXI ASSOCIATION, INC.

proximately caused MARQUES GAINESs death.

15.

As a result of MARQUES GAINESs death, his next-of-kin have suffered

damages including loss of society.

WHEREFORE, the plaintiff, PHYLLIS NELSON, as Special Administrator of the Estate
of MARQUES GAINES, Deceased, by his attorneys, Hurley McKenna & Mertz, P.C., prays for
judgment against defendant GLOBE TAXI ASSOCIATION, INC., in an amount in excess of
Fifty Thousand ($50,000), plus the costs of this action.
COUNT IV NEGLIGENCE WRONGFUL DEATH
MEHDI SEYFTOLOOI
NOW COMES the plaintiff, PHYLLIS NELSON, as Special Administrator of the Estate
of MARQUES GAINES, deceased, by and through her attorneys in this regard, Hurley McKenna
& Mertz, P.C., and as Count IV of her Second Amended Complaint against defendant MEHDI
SEYFTOLOOI, she states as follows:
1.

Defendant MEHDI SEYFTOLOOI is a Chicago resident and taxi cab driver.

2.

On February 7, 2016, at approximately 4:20 A.M., Defendant MEHDI

SEYFTOLOOI was operating Chicago Cab Number 1286.

3.

At the time MEHDI SEYFTOLOOI was operating taxi cab number 1286, he was

an owner, employee, agent, or apparent agent of CHICAGO TAXI INC. and GLOBE TAXI
ASSOCIATION, INC.
4.

On February 7, 2016, at approximately 4:20 A.M., MEHDI SEYFTOLOOI was

operating a cab at or near the intersection of Hubbard and State Street in the River North
neighborhood of Chicago.

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5.

On February 7, 2016, at approximately 4:20 A.M., Decedent MARQUES

GAINES was leaving a 711 convenient store located on the southwest corner of the intersection
of Hubbard and State Street.
6.

As MARQUES GAINES left the 711 store, he was approached by an unknown

male subject.
7.

That male subject then assaulted MARQUES GAINES by striking him in the

8.

MARQUES GAINES fell into the street and was knocked unconscious.

9.

Upon information and belief, MARQUES GAINES was then robbed of certain

face.

belongings.
10.

MARQUES GAINES remained unconscious and lying in the street.

11.

MEHDI SEYFTOLOOI then struck MARQUES GAINES with his cab as he lay

unconscious in the street.

12.

MARQUES GAINES died from his injuries approximately four hours later at

Northwestern Memorial Hospital.

13.

At all times relevant to this Complaint, MEHDI SEYFTOLOOI owed a duty to

the public to operate his vehicle in a reasonably safe manner.

14.

On February 7, 2016 and at all times relevant to this Complaint, MEHDI

SEYFTOLOOI breached that duty and was negligent for one or more of the following reasons:
a. Failed to maintain a proper lookout;
b. Drove while distracted;
c. Failed to stop its vehicle prior to striking an individual;
d. Operated its vehicle at an excessive speed;
e. Failed to observe and stop for an individual lying in the street; and
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f. Caused his vehicle to strike another individual.

15.

The acts and omissions of Defendant MEHDI SEYFTOLOOI proximately caused

MARQUES GAINESs death.

16.

As a result of MARQUES GAINESs death, his next-of-kin have suffered

damages including loss of society.

WHEREFORE, the plaintiff, PHYLLIS NELSON, as Special Administrator of the Estate
of MARQUES GAINES, Deceased, by his attorneys, Hurley McKenna & Mertz, P.C., prays for
judgment against defendant MEHDI SEYFTOLOOI, in an amount in excess of Fifty Thousand
($50,000), plus the costs of this action.

___________________________________
CHRISTOPHER T. HURLEY
One of the Attorneys for Plaintiff
Christopher T. Hurley
Evan M. Smola
HURLEY McKENNA & MERTZ, P.C.
Attorneys for Plaintiff
33 N. Dearborn Street, Suite 1430
Chicago, Illinois 60602
P: (312) 553-4900
F: (312) 553-0964
Atty. No. 41267
www.hurley-law.com

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