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**E-FILED**
16EV005847
12/20/2016 2:53:01 PM
LeNora Ponzo, Clerk
Civil Division
NAVIE DAVIS-THOMAS,
Plaintiff,
v.
NO.
)
)
)
)
)
with process upon its registered agent for service, C.T. Corporation System, 1201 Peachtree
will
be proper as to Defendant.
2.
as the agents,
Venue is proper in this County and Court pursuant to Ga. Const. Art. VI, S 2, par. 4, and
O.C.G.A. $ 14-2-510(b). Venue against any John Does is proper in this County and Court
pursuant to the provisions of Ga. Const. Art. VI, $ 2, par. 4, Quintonv. American Thread Co.,74
Ga.App. 436,40 S.E.2d 95 (1946), which provides that an action against joint tortfeasors
residing in different counties may be tried in either county.
4.
At all times material and relevant herein, Defendant maintained, serviced, and operated
elevators in the building at 80 Jesse Hill Drive S.W., Atlanta, GA 30303.
5.
a duty
of care.
Renewal of Action
6.
On July 10,2015, suit was brought by Plaintiff against Defendant, in the State Court
of
Defendant's Registered Agent for service of process was personally served with process on
On July 12,2016, Plaintiff filed the dismissal of the lawsuit without prejudice.
10.
is
9-1lal@) and 9-2-61(a). Plaintiff shows this court that the previous
action against Defendant was not a void action. Plaintiff voluntarily dismissed said action without
prejudice. Said dismissal was procedural and not a dismissal based upon the merits of the case. All
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court costs on the prior action have been paid. As such, said dismissal is not
a bar
to their renewed
ll.
Plaintiff incorporates Paragraphs I through l0 of this Complaint as fully set forth herein.
12.
On or about July 12,2013, PlaintiffNavie Davis-Thomas worked inside the building located
73.
Approximately 12:30 p.m., on or about July 12,2013, Plaintiff entered the GP-l8 elevator
car on the l lth floor, intending to take the elevator down to the second floor.
14.
As the elevator car strted its descent, it went in to a downward free-fall for at least nine
floors.
16.
The elevator car then came to an abrupt stop, causing the Plaintiff to be thrown to the floor,
Plaintiff had worked in the building for almost three years, so she had used the elevator
many times, and was unaware of the presence of any danger or even the possibility that the
When the elevator car stopped, it was stuck between floors, so Plaintiff was unable to exit.
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19.
After the elevator car stopped, Plaintiff repeatedly pressed the elevator alarm button, with
no response for at least 15 minutes.
20.
Plaintiff was trapped in the elevator for 35 to 40 minutes, until Robert Cook, an elevator
technician employed by Defendant, arrived on the premises to reset the computer and lower the
elevator car to the second floor.
2t.
Plaintiff suffered severe emotional distress from the experience of a free-fall while in the
elevator, and subsequently being trapped inside the elevator.
22.
As a result of the fall, Plaintiff suffered injuries to her tail bone, lower back, and legs.
23.
As
result ofthis accident, Plaintiffwas unable to work and has sustained medical expenses,
As
result of Plaintifls injuries, she has suffered physical impairment, mental and physical
pain and suffering, and substantial personal inconvenience and difficulties in performing her ordinary
activities of living.
25.
These personal injuries have permanent effects, and in the future
and other necessary expenses, ongoing personal inconvenience and difficulties with the ordinary
demand and activities of living, as well as continuing mental and physical pain and suffering.
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COUNT
fully
27.
The elevator was inspected and maintained by Defendant.
28.
Defendant was contractually responsible for the proper and safe inspection and maintenance
of the elevator.
29.
Defendant was under a duty to maintain said elevator with extreme care and caution in
compliance with applicable building and safety codes so as to provide a safe and non-hazardous
Defendant breached its duty to maintain said elevator with extreme care and caution in
compliance with applicable building and safety codes so as to provide a safe and non-hazardous
Defendant was negligent in that it failed to properly maintain said elevator with extreme care
and caution in compliance with applicable building and safety codes so as to provide a safe and
non-hazardous facility for patrons.
32.
Defendant was negligent in that is failed to properly inspect and maintain the elevator so as
to prevent ahazardous and unsafe condition that would cause the elevator car to free fall for nine
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floors.
33.
As the direct and proximate result ofDefendant's violation of its duties, Plaintiffwas injured,
DAMAGES
34.
Plaintiff incorporates Paragraphs I through 33 of this Complaint as fully set forth herein.
35.
As
direct and proximate result of the Defendant's acts, omissions and negligence, Plaintiff
has sustained personal injuries and mental, emotional, and physical pain and suffering and lost wages
will continue
to be in great physical, mental, and emotional pain and distress, such that
As a direct and proximate result of Defendant's acts, omissions, and negligence, Plaintiffhas
incurred and will incur past, present and future medical expenses.
PT]NITIVE DAMAGES
38.
as
39.
Defendant, by and through its repeated failures to maintain, inspect, and repair the elevator
and an entire want of care, which constitutes a conscious indifference to the consequences.
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Therefore, Plaintiff is entitled to recover pursuant to O.C.G.A. $ 51-12-5 .1, an award of punitive
damages to punish, penalize,and deter Defendant, and others similarly situated, from repeating such
trespasses.
(c) that judgment be rendered for Plaintiff against Defendant in a reasonable amount as
compensation for the bodily injuries, pain, suffering, loss of wages, and medical expenses
caused by the Defendants and their agents;
(d) that Plaintiff be awarded all costs in this action, including attorneys'fees; and
(e) that Plaintiff be granted such other further relief as this Court may deem just and proper.
Respectfully submitted,
this
Tressa S. McCray
Thomas A. Bennett
Georgia Bar # 219206
Attorneys for Plaintiff
at:
tom@tsmpc.net
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