WNISIHO we saws 1 Sana dhorica fouevard Sus 70) Les angeles, Calton 91025 m10477. 169 loe ioarnidophone § a a a ¢ 6 a & B a a 2 a 10 u 2 2B 4 15 16 7 18 9 20 2 2 7 28 PANISIT SHEA & BOYLE LLP BRIAN J. PANISH, State Bar No. 116060 Danish@psblaw.com THOMAS A. SCHULTZ, State Bar No, 149578 schulte@psblaw.com JOHN W. SHALLER, State Bar No. 276084 shaller@ipsblaw.com HIT Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 ‘Telephone: 310.477.1700 Facsimile: 310.477.1699 LAW OFFICES OF SERGIO A. WHITE SERGIO A. WHITE, State Bar No. 146830 swhite@sergiowhitelaw.com 505 N. Tustin. Avenue, Suite 235 Santa Ana, California 92705-3775 Telephone: 714.591.0640 Facsimile: 714.002.4368 Attorneys for Plaintiffs ‘THE ESTATE OF MAUREEN ALLEN by and through its Successor-in-Interest FLOYD ALLEN and FLOYD ALLEN, individually, Plaintiffs, NBCUNIVERSAL, INC.; FREMANTLEMEDIA NORTH AMERICA; MARATHON PRODUCTIONS INC, d/b/a AMERICA’S GOT TALENT; THE CITY OF PASADENA, and DOES 1-50, inclusive, Defendants. FILED Suportor Court of Calforale ‘County of Lov Angeles NAR 07 2018 s Exceutine OMficerClerk Deputy Sherri R. By, ‘Moses Soto SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES, CENTRAL DISTRICT caseNo. BCB97116 ‘COMPLAINT FOR DAMAGES 1. DANGEROUS CONDITION 2. WRONGFUL DEATH - NEGLIGENCE 3. WRONGFUL DEATH — PREMISES LIABILITY 4. VIOLATION OF ADA (42 U.S.C. § 12181, et seq.) 5. UNRUH CIVIL RIGHTS ACT (Cal. Civ. Code, § 51, et seq.) 6. VIOLATION OF CALIFORNIA. DISABLED PERSONS ACT (Cal. Civ. Code, § 54, ef seq.) 7. SURVIVAL ACTION 8. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS DEMAND FOR JURY TRIAL ‘Come now Plaintiffs THE ESTATE OF MAUREEN ALLEN by and through its Successor-in- Interest FLOYD ALLEN and FLOYD ALLEN, individually and allege as follows: 1 Tu} SOMPLAINT FORDAMAGES,—_,PANISH SHEA & BOYLE LLP we wD ee a 25 26 7 28 GENE} ;ATIONS 1. Plaintiff's decedent, MAUREEN ALLEN (DOB: 09/05/1937)(hereinafter "MAUREEN ALLEN" of "DECEDENT’) died on June 25, 2017 as a result of severe and debilitating injuries she sustained after falling from and out of her wheelchair on March 26, 2017 while attempting to ‘maneuver her wheelchair over an obstruction that impeded acecss to the one handieap access ramp to the Pasadena Civic Auditorium that was not completely rendered inaccessible by the trailers and equipment being used by the television show America's Got Talent, which was being filmed at the facility. 2. Plaintiff FLOYD ALLEN is a resident of the City of Long Beach, County of Los ‘Angeles, State of California. Plaintiff FLOYD ALLEN is the surviving husband of MAUREEN ALLEN deceased, and is the Successor in-Interest to the causes of action of THE STATE OF MAUREEN ALLEN, Plaintiff FLOYD ALLEN has executed the declaration under penalty of perjury required by Code of Civil Procedure § 377.32, which is attached hereto and marked as Exhibit 1. As the sole heir of the decedent, PiaintifC FLOYD ALLEN is also enlitled to, and hereby does, bring a wrongful death action. 3. Defendant NBCUNIVERSAL, INC. (hereinafter referred to as "NBC" ‘with a principal place of business within Los Angeles County, California. Defendant NBC is one of the world's leading media and entertainment companies in the development, production, and marketing of entertainment, news, and information toa global audience. NBC owns, operates and airs the television show “America’s Got Talent.” 4, Defendant MARATHON PRODUCTIONS INC,, d/b/a AMERICA’S GOT TALENT (horeinafter "MARATHON" is a corporation with a principal placc of business within Los Angeles County, California. Plaintift is infoumed and believes and thereon alleges, that Defendant MARATHON produces the television show "America’s Got Talent.” 5. Defendant FREMANTLE PRODUCTIONS NORTH AMERICA, INC. (hereinafter refetted to as "FMNA") is a corporation with a principal place of business within Las Angeles ‘County, California. Pla is informed and believes and thereon alleges, that Defendant FMNA. produces the television show "America’s Got Talent.” 2 ‘COMPLAINT FOR DAMAGESSorte Monica Baovard Sate 70 Lovangtien Calorie 90125 s1a.77180 pone = 310.07 1689 tx PANISH SHEA & BOYLE LLP 6 Defendant CITY OF PASADENA is a public entity with the capacity to sue and be ued, Defendant CITY OF PASADENA is responsible for the actions, omissions, policies, procedures, practices, and customs of its various agents and agencies, and is sued in accord with the California Tort Claims Act, Gov. Code, §§ 910 et seq., for the acts and omissions of public employees. Atall relevant times herein, Plaintiff's decedent MAUREEN ALLEN was a qualified individual with a disability, as defined under California Government Code § 12926, and within the meaning of the Americans with Disabilities Act, 42 U.S.C. § 12181 ctseq. ("ADA"), the Unruh Civil Rights Act, Cal. Civ. Code § 51 et seq. ("Unruh Act"), and other statutory measures which refer to the protection ofthe righs of physically disabled persons. 8 ‘The true names, identities, or capacities, whether individual, associate, corporate, 0° otherwise, of Defendants DOES 1 through 100, inclusive, and each DOE in besween, are unknown to Plaintiff at this t e, and Plaintiff therefore sues said Defendants by such fictitious names. When the truc names, ident es, capacities, of participation of such fictitiously designated Defendants are ascertained, Plaintiff will seek leave of Court to amend the Complaint to insert said names, identities, capacities, together with the proper charging allegations. Plaintiff is informed and believes and thereon alleges that each of the Defendants sued herein as a DOE is responsible in some manner for {the events and happenings herein referred to, thereby legally causing the damages to Plaintiff as hereinafter set forth. 9. tall times mentioned herein, each of the Defendants sued herein was the agent, servant, and employee of each other and of his said Co-Defendants, and, as such, was acting within the time, place, purpose, and scope of said agency, service, and employment; cach and every ‘Defendant, as aforesaid, when acting as a principal, was negligent in the selection and hiring of each and every other Defendant as an agent, servant, and employes. 10. tall times mentioned herein, each of the Defendants owned, possessed, controlled, ‘occupied, supervised, inspected, leased, maintained, designed and/or managed the subject premises. 11, At all relevant times, Plaintiff's decedent MAUREEN ALLEN was unable to independently stand or walk and required the use of a motorized wheelchair for mobility. Plaintif's decedent MAUREEN ALLEN was unable, due to her disability, to independently use public facilities 3 ‘COMPLAINT FOR DAMAGES" PANISH SHEA & BOYLE LLP 1 Sento Morice Boleverd Sue 700 ‘os Angas, Caen 9025 sioarrimoghane + 390477169 ox we a ul 12 2B 4 15 16 7 18 19 20 2 22 23 24 25 26 7 2B that are not designed and/or constructed in compliance with applicable accessibility standards to accommodate disabled persons whio require a wheelchair for mobility. 12. At all releyaint YD ALLEN was also utilizing a motorized wheelchair for mobility. 13. Onor about March 26,2017, MAUREEN ALLEN sustained severe injuries following afall from her wheelchair on dieses Wipe vic “Auditorium, which required multiple hospitalizations and operations, and which futher led, and was a substantial factor in causing, hee death on June 25, 2017 (the "Subject incident’. i 14. Gn March 26, 2017, Plaintiff FLOYD ALLEN and Plaintiff's decedent, MAUREEN ALLEN were volunteers at the 67" Annual Los Angeles County Science and Engineering Fair being, held at the Pasadena Convention Center, located ot located at 300 E. Green St, Pasadena, California 91101. As Plaintiff FLOYD ALLEN and Plaintiff's decedent, MAUREEN ALLEN were attempting to gain access to the Pasadena Civic Auditorium, they discovered that all disabled access points to the ‘Auditorium appeared to be blocked off. They were advised that the NBC television show America's ‘Got Talent was filming on the premises beginning the next day or soon thereafter, and the television show's trailers and equiptment were blocking all handicap access points to the building except for one, ramp which was located on the west side of the facility (the "SUBJECT RAMP”). However, in order to gain access to the SUBJECT RAMP, individuals with disabilities were forced to navigate and ‘maneuver over 2 large power cord protector that obstructed the only available path of travel. 1S. (On the day of the SUBJECT INCIDENT, as MAUREEN ALLEN, with the intention and purpose of accessing the SUBJECT RAMP, attempted to maneuver her motorized wheelchair over the power cord protector, the front whee! of her scooter got caught and tumed suddenly, causing the scooter to Nip on 10 its side. MAUREEN ALLEN was violently thrown off her scooter onto the hard pavement, and she sustained severe injuries, including injuries to her head and arms, as well as a fractured hip. Photographs taken by Plaintiff FLOYD ALLEN on the day of the SUBJECT INCIDENT, including photographs depecting the SUBJECT RAMP are attached hereto as Exhibit 2. 16, MAUREEN ALLEN was forced to remain on the ground in excruciating pain as her husband, Plaintiff FLOYD ALLEN, looked on in-helpless horror, unable to assist his wife due to his 4 COMPLAINT FOR DAMAGES1 Santa once devlavere Ste 700 PANISH SHEA & BOYLE LLP inane 908 sioarrmaopnene » 310477 189 ox es ange 10 Ww 12 B 4 Is 16 a7 18 19 20 a 22 23 24 25 26 a7 28 ‘own disabilities, Public Safety Lieutenant Moses Amiry, Private Security Licensc (PSL) #300, responded to the scene after receiving a radio transmission from Staff Pro. Lieutenant Amiry asked Plaintiff's decedent MAUREEN ALLEN whether she required medical assistance to which she responded in the afirmative. A copy of the incident report prepared by Lieutenant Amiry is atached hereto as Exhibit 3, 17. PlaintifPs decedent MAUREEN ALLEN was transported by the Pasadena Fire ‘Department to Huntington Memorial Hospital where she was admitted for treatment of her injuries sustained in the SUBJECT INCIDENT. 18. Inthe carly morning hours of March 27, 2017, as a result ofthe injuries she sustained in the Subject Incident, MAUREEN ALLEN developed a blood clot and suffered a severe stroke. 19. On March 30,2017, MAUREEN ALLEN underwent hip surgery to repair the broken hip she suffered as a result of the SUBJECT INCIDENT. 20. Onorabout April 11,2017, MAUREEN ALLEN was required to be admitted to Mara Lora Nursing Home, located at 3801 E. Anaheim Street, Long Beach, CA, due to-the injuries she sustained in the SUBJECT INCIDENT. 21, By late April 2017, MAUREEN ALLEN had been forced to undergo no less than & different procedures as a result of the injuries sustained in the SUBJECT INCIDENT. including an entice hip replacement. 22. By June 23, 2017, MAUREEN ALLEN's condition had declined to the point that she ‘was on life support. MAUREEN ALLEN died as a result of her injuries on Sune 25, 2017. 23. A subsequent investigation was performed by DH Adjusting, LLC, an independent adjusting firm, on behalf of its insured, the Los Angeles County Science & Engineering Fait, The investigation confirmed that access was limited to the one SUBJECT RAMP on the day of the SUBJECT INCIDENT. A copy of the investigation photo log is attached as Exhibit 4, 24. Plaintiff FLOYD ALLEN and MAUREEN ALLEN filed timely claims pursuant to Gov. Code, §§ 910 et seq. with Defendant CITY OF PASADENA on August 23, 2017. The written ‘ejections were rocaived by U.S. Mail on or about October 18, 2017. This action has been filed within the time allowed by Gov. Code, § 945.6. ‘COMPLAINT FOR DAMAGES5 a a = = 5 a a < a = B z a Zz z 5 g a | i Ler Angels. Colon 90025, 1047 11 phoe «SOAP FO wo 8 10 iL 2 B FIRST CAUSE OF ACTION DANGEROUS CONDITION OF PUBLIC PROPERTY (Against Defendant CITY OF PASADENA) 25. Plaintiff hereby re-alleges and incorporates herein by reference each and every allegation contained in the previous paragraphs as though fully set forth herein. 26. tall times mentioned herein, Defendant the CITY OF PASADENA, including its Jemployees and agents, and each of them, owned, occupied, leased, used, maintained, mansged, controlled, or operated the premises known as the Pasadena Civie Auditorium andor the Pasadena Civic Center, and the adjacent arcas. In this respect, it is understood and believed that the CITY OF PASADENA owned, leased, maintained, operated, controlled, repaited, supervised, managed and/or occupied the property upon which Plaintiffs decedent MAUREEN ALLEN's fall occurred, and rented, leased, sold, managed, supervised, maintained, and provided upkeep to the premises eccupied by the tenants therein, including but not limited to NBC and America’s Got Talent. 27. Plainti informed and believes, and thereon alleges, Defendant the CITY OF PASADENA and DOES | through 100, including its employees and agents, and each of them, cgligently and carelessly designed, wamed, failed to warn, constructed, ereated, maintained, repaired, owned, operated, controlled. signed, maintained, supervised, leased and regulated the subject property where the Subject Incident oceurred. 28. Plaintiffs informed and believes, and thereon alleges, that at all times herein relevant, including the time of the SUBJECT INCIDENT, pursuant to Government Code §§ 835 et. seq, the ‘conduet Defendants the CITY OF PASADENA and DOES | through 100, including its employees ‘and agents, and each of them, caused a dangerous condition to exist at the SUBJECT RAMP, and the adjacent property, that created a substantial risk of injury, including the type of injuries Plaintif's decedent MAUREEN ALLEN sustained in the SUBJECT INCIDENT, when such property or adjacent property was used with due care in a manner in which it is and was reasonably foreseeable that it would be and was used, including but not limited to, the following respects: (@) failing to wara of, and/or prevent and/or correct a dangerous condition of ‘roperty on, or immediately adjacent to, public property; 6 ‘CONBLATNT FOR DAMAGESPANISH SHEA & BOYLE LLP sotto MericaBouevord ub 700 Tovargees, Collars 90025 s1na7 1m phone 3107 897 wom we ee 10 ul p 3 14 15 16 7 18 19 20 a 2. B 24 25 26 a 8 (6) failing o provide and/or maintain access to the Pasadena Civic Auditorium to disabled persons in an adequate and safe condition by providing full and equal access vo the facility in compliance with applicable accessibility standards to accommodate disabled persons who require a wheelchair for mobility, thus eliminating the hazard posed to disabled persons altempting to gain access to the Auditorium; and 6) failing to wam of the dangerous condition presented by cable cords and/or cable ‘cord protector. 29, Defendant CITY OF PASADENA, including its employees and agents, and DOES 1 through 100, and each of them, failed to take reasonable or adequate measures to protect disabled petsons a class which Plaintiff FLOYD ALLEN and Plaintiffs decedent MAUREEN ALLEN were members, resulting in serious injuties and death to these users, including MAUREEN ALLEN, which [were at all times foreseeable to said defendants. 30. Pursuant to Government Code, § 815.6, Defendant CITY OF PASADENA failed to carry out its mandatory duties imposed by ordi out ince, statute, or regulation, related to work e on its property to protect against the risk of. particular kind of injury, including the injury suffered by Plaintiff's decedent MAUREEN ALLEN at the time of the SUBJECT INCIDENT. 31 Phi fF further alleges that Defendant CITY OF PASADENA and its employees, agents, servants and independent contractors, also face liability forthe plaintiff damages pursuant to Government Code §§ 815.2, 815.4 and 820a) et seq., for negligently, carelessly, and/or recklessly owning, designing, {aining, allowing, permitting, regulating, controlling, servicing, inspecting, repairing, modifying, altering, monitoring, improving, constructing, waming ot failing fo warn, and/or supervising in regards to the SUBJECT RAMP, and adjacent property. and said negligent, careless and reckless acts or failures to act created said dangerous and defective condition(s) of said property which legally caused the SUBJECT INCIDENT and the injuries and damages of Plainifis as herein alleged. 32, Employees, agents, and representatives of Defendant CITY OF PASADENA, and cach of them, negligently, wrongfully, tortiously and unlawfully created andlor caused dangerous conditions in regards to the SUBJECT RAMP and adjacent property within the scope of their COMPLAINT FOR DAMAGESPANISH SHEA & BOYLE LLP 1 onfo Nona Beleverd, St 70 or Angois Colona 9025 sioarrindobone » 210477.189 08 10 un 2 1B employment (Govt. Code, §835(@)). Defendant CITY PASADENA had actual or constructive notice [of the dangerous conditions described herein of the SUBJECT RAMP and adjacent property, a sufficient time prior to the injury and/or death to have taken measures to protect against the dangerous conditions. (Govt. Code, §835(b).) 33. Defendant the CITY OF PASADENA, including its employees and agents, and DOES 1 through 100, and each of them, by and through their acts and omissions, created and caused the dangerous conditions described herein, above, as these conditions ereated a substantial risk of the types of injuries and death alleged in this Complaint, where the CITY OF PASADENA'S property was used in a foreseeable mance 34. Defendant the CITY OF PASADENA, including its employees and agents, and DOES 4 through 100, and cach of them, had actual and/or constructive notice of the defective and substantially dangerous conditions a sufficient time prior io MAUREEN ALLEN'S injuries to have taken measures to protect against these dangerous conditions. The actual notice existed because the CITY OF PASADENA and/or its employees and agents had actual knowledge of the existence of these conditions and knew, or should have known, of their dangerous character since the CITY OF PASADENA and/or its employees and agents owned, constructed, maintained and created these ‘conditions, Constructive notice existed because these conditions had existed for such a period of time and were of such an obvious nature that these public entities, inthe exercise of dve care, should have discovered these conditions and their dangerous character. The existence of these conditions and their ‘dangerous character would have been discovered by an inspection system that was reasonably adequate to inform the CITY OF PASADENA whether the property was sefe for the use or uses for ‘which these public entities used or intended others to use the public property and for uses that these public entities actually knew others were making of the public property including, but not limited to, visual inspections of the pathway in use and examination of disabled accessibi data readily available to the CITY OF PASADENA. During the course of any such reasonably adequate inspection, the CITY OF PASADENA would have discovered these conditions, and their dangerous, character, as described above. 35. In light of the notice to Defendant CITY OF PASADENA, and its agents and 8 COMPLAINT FOR DAMAGESee eee) ‘Santa Moco Boulavord Site 703, a § 2 i PANISH SHEA & BOYLE LL? employees, the CITY OF PASADENA’ failure to adequately sign, romedy, guard, or otherwise warn vp! of the dangerous condition of the property, its failure to provide disabled access to its property and its failure to post adequate signs or other warning devices to guard ot warn against the dangerous condition of the property, caused a trap to exist for disabled persons approaching and praceeding on the location where the SUBJECT INCIDENT occurred. 36. Plaintiffs decedent MAUREEN ALLEN'S fall was a legal result of both the dangerous conditions described in this Complaint, above, and the failure of the CITY OF PASADENA to have ‘adequate warnings concerning these conditions. 37. Asa legal result of the dangerous conditions created by the CITY OF PASADENA, MAUREEN ALLEN was considerably hurt and injured in her health, strength, and activity, sustaining severe injury to her person and other injuries, which catised her subsequent wrongful death, SECOND CAUSE OF ACTION WRONGFUL DEATH: NEGLIGENCE (Against AN Defendants) 38. Ph tiff hereby re-alleges and incorporates herein by reference each and every allegation contained in the provious paragraphs as though fully set forth herein, 39. Atal times mentioned herein, Defendant CITY OF PASADENA, luding is employees and agents, and each of them, owned, occupied, leased, used, maintained, managed, controlled, or operated the premises known as the Pasadena Civic Auditorium and/or the Pasadena Civic Center, and the adjacent areas. In this respect. itis understood and believed that the CITY OF PASADENA owned, leased, rai .ed, operated, controlled, repaired, supervised, managed and/or ‘occupied the property upon which Plaintfts decedent MAUREEN ALLEN’ fall occurred, and rented, leased, sold, managed, supervised, maintained, and provided upkeep to the premises occupied by the tenants therein, including but not limited to NBC, FMNA and MARATHON. 40. Plaintiff is informed and believes, and thereon alleges, Defendant CITY OF PASADENA, including its employces and agents, and cach of them, negligently and carelessly designed, warned, failed to wam, constructed, created, maintained, repaired, owned, operated, controlled, signed, maintained, supervised, leased and regulated the subject property where the 9 ‘COMPLAINT FOR DAMAGESPANISH SHEA & BOYLE LLP i028 sioain oanone * 810077169 1 Sante Nertce Bouevera, Sute 70> Lee Angeles. col 3 = 10 uw 2 13 4 Is 16 W 18 19 20 2 4 28 26 7 28 i ‘Subject Incident occurred, creating a dangerous condition by: @ & property on, or immediately adjacent to, public property; ing to wam of, and/or prevent and/or correct a dangerous condition of (b) failing to provide and/or maintain access to the Pasadena Civic Auditorium to disabled persons in an adequate and safe condition by providing full and equal access tothe facility in ‘compliance with applicable accessibility standards to accommodate disabled persons who require wheelchair for mobifity, thus eliminating the hazard posed to disabled persons attempting to gain acess to the Auditorium; and (©) failing to warn of the dangerous condition presented by cable cord protector; 41. Defendant CITY OF PASADENA, including its employees and agents, and cach of them, failed to tale reasonable or adequate measures to protect disabled persons, @ class which Plaintiff FLOYD ALLEN and his wife, MAUREEN ALLEN, were members, resulting in serious injuries and death to these users, including Plaintiff's decedent MAUREEN ALLEN, which were at all times foreseeable to the CITY OF PASADENA. 42, Defendant CITY OF PASADENA, including its employees and agents, and each of them, by and through their acts and omissions, created and caused the dangerous conditions described herein, above, as these conditions created a substantial risk of the types of injuries and death alleged in this Complaint, where the CITY OF PASADENA's property was used in a foreseeable manner. 43. Defendant CITY OF PASADENA, including its employees and agents, and each of them, had actual and/or constructive notice of the defective and substantially dangerous conditions a sufficient time prior to the DECEDENT's injuries to have taken measures to protect against these dangerous conditions. The actual notice existed because the CITY OF PASADENA and/or its employces and agents had actual knowledge of the existence af these conditions and knew. or should have known, of theit dangerous character since the CITY OF PASADENA and/or its employees and agents owned, constructed, maintained and created these conditions. Constructive notice existed because these conditions had existed for such a period of time and were of such an obvious nature that these public entities, in the exercise of due cate, should have discovered these conditions and their dangerous character. The existence of these conditions and their dangerous character would have been 10 COMPLAINT FOR DAMAGESPANISH SHEA & BOYLE LLP 310.0712 fae Sante onic Boley se 700 ot argelas Cattorva 90025 anna. discovered by an inspection system that was reasonably adequate to inform the CITY OF PASADENA whether the property was safe for the use or uses for which these public entities used or tended others to use the public property and for uses that these public emtties actually knew others were making of the publie property including, but not limited to, visual inspections of the pathway in use and examination of disabled accessibility data readily available to the CITY OF PASADENA. [During the course of any such reasonably adequate inspection, the CITY OF PASADENA would have discovered these condi s, and their dangerous character, as described above. 44. In fight of the notice to Defendant CITY OF PASADENA, and its agents and employees, the CITY OF PASADENA's re to adequately sign, remedy, guard, or otherwise warn of the dangerous condition ofthe property, re to provide disabled access to its property and its failure to post adequate signs or other waming devices to guard or warn against the dangerous ‘condition of the property, caused a trap to exist for disabled persons approaching and proceeding on the location where the SUBJECT INCIDENT occurred. ‘ 45. Plaintiff's decedent MAUREEN ALLEN'S fali was a legal result of both the dangerous ‘conditions described in this Complaint, above, and the failure of the CITY OF PASADENA to have adequate warnings concerning these conditions. 46. Asa legal result of the dangerous conditions created by the CITY OF PASADENA, MAUREEN ALLEN was hurt and injured in her health, strength, and activity, sustaining severe injury to her person and other injuries, which caused her subsequent wrongful death. ‘THIRD CAUSE OF ACTION. WRONGFUL DEATH: NEGLIGENCE / PREMISES LABILITY ‘(Against Defendants NBC, MARATHON, FMNA, and DOES 1 through 190, Inclusive) 47, Plaintiff hereby re-alleges and incorporates herein by reference each and every allegation contained in the previous paragraphs as though fully set forth herein. 48. Defendants NBC, MARATHON, FMNA and DOES | through 100, inclusive, ‘ineluding without limitation, their vendors, agents, employees, coworkers, and others, owned, ‘possessed, controlled, occupied, supervised, inspected, leased, maintained, designed and/or managed the premises and access areas to where the television show America’s Got Talent was being filmed, iL ‘COMPLAINT FOR DAMAGES‘Santa Morice Hole Sue 702 tes Angele, Coons 90025 soareiraoptone + 80477 199400 PANISH SHEA & BOYLE LL? wew ae ee 10 2 B “4 15 16 iy 18 19 20 2 24 25 26 a 28 where DECEDENT was injured. 49. Defendants NBC, MARATHON, FMNA and DOES ! through 100, and each of them, had a duty to use reasonable care to keep the premises, including the access points tothe Auditorium, ina safe condition for use by DECEDENT and others similarly situated. 50. Plaintiff is informed and believes, and thereon alleges, Defondants NBC, MARATHON, FMNA, and DOES I through 100, and each of them, were negligent in, among other things: the method and manncr in which they owned, operated, constructed, maintained and controlled ‘the Pasadena Convention Center property, including the area where the SUBJECT INCIDENT occured. Defendants and cach ofthem breached ther duty and failedto use reasonable cae to protect, Plaintiff's decedent MAUREEN ALLEN and others similarly situated ftom the foreseeable harm caused by the dangerous and unsafe condition of the premises. Defendants NBC, MARATHON; FMNA, and DOES | through 100, and eacti of them, also failed to take reasonable steps to give adequate warning of the dangerous and unsafe condition of the premises, including the handicapped ‘access points to the Auditorium, which said defendants, and cach of them eeated and/or failed to keep unobstructed. 51. The com jon ereated an unreasonable risk of harm which Defendants NBC, MARATHON, FMNA, and DOES 1 through 100, and each of them, knew about because said defendants created the condition, or which said defendants, in the exercise of reasonable care, should have discovered through reasonable periodic inspections of the property. 52. As a direct and proximate result of the aforementioned negligence, carelessness, recklessness, and unlawfulness Defendants NBC, MARATHON, FMNA, and DOES 1 through 100, including without limitation, their vendors. agents, employees, coworkers, and others, Plaintiff's decedent MAUREEN ALLEN sustained severe and serious injury resulting in her subsequent death, 53. Said defendants’ breach of their duty of care was a legal cause of, and substantial factor jn, Plaintiffs harm and damages in this case. 54. Asa direct and proximate result of the conduct of Defendants NBC, MARATHON, FMINA, and DOES 1 through 100, including without limitation their employees and agents, and each ‘of them, and of the death of Plaintiff's decedent MAUREEN ALLEN, Plaintiff FLOYD ALLEN, has 1 ‘COMPLAINT FOR DAMAGESPANISH SHEA & BOYLE LLP anf Novice Boulevard Suite 703 6 7 g 9 10 n 12 13 4 1 16 "7 18 9 20 24 2 ca been deprived of the society and comfort of said decedent and has been caused the loss of future services, earnings and protection of said spouse, to his great loss and damage in an amount to be shown according to proof, 55. Asa direct and proximate result of the conduct of Defendants NBC, MARATHON, EMNA, and DOES | through 100, including its employees and agents, and each of them, and the resulting death of MAUREEN ALLEN, as aforesaid, Plaintiff FLOYD ALLEN has been compelled to incur expenses as well as other special damages, including expenses for ambulances, for services of hospitals, physicians, surgeons, nurses and other professional services, and for the funerel and burial of said deceased, all to the damage of said plaintiff, in an amount to be shown according to proof. EQURTH CAUSE OF ACTION VIOLATION OF AMERICANS WITH DISABILITIES ACT ~ (42 US.C. § 12181, et seq.) (Against All Defendants) 56. Plaintiff hereby re-alleges and incorporates hercin by reference cach and every allegation contained in the previous paragraphs as though fully set forth herein. 57. Title Hof the Americans with Disabilities Act ("ADA") provides that "No individual shall be discriminated against on the basis of disabitity in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation [by any person who owns, leases (or leases to), oF operates a place of public accommodation." 58. Pla fF is informed and believe, and thereon alleges, Defendants, NBC, MARATHON, FMNA, CITY OF PASADENA end DOES 1 through 100, and each of them, owned, operated, leased and/or leases the property on the west side of the Pasadena Civic Auditorium where the SUBJECT INCIDENT occurred. 59. ‘The location where the SUBJECT INCIDENT occured constitutes a place of public accommodation pursuant to 42 U.S.C. § 12181(7)(B). 60. Plaintiff is informed and believes and thereon alleges that Defendants, NBC, MARATHON, FMNA, CITY OF PASADENA and DOES 1 through 100, and each of them, discriminated against Plaintiff FLOYD ALLEN and MAUREEN ALLEN on the basis of disability 13 ‘COMPLAINT FOR DAMAGES1 Senta Nonce Beever, Sute700 Lor Anges. Co 10477 170 pone * S10 9 PANISH SHEA & BOYLE LLP 2 3 cea ae a 10 uw R B 4 15 16 7 18 19 20 a 2 2B 24 25 26 ar 2B “The defendants’ i tory conduct includes but is not limited to discrimination on the basis of disability in the full ahd equal enjoyment of the goods, services, facilites, privileges, advantages, ‘aecommodations and/or opportunities of the Pasadena Civiv Auditorium in California in violation of Title Hl of the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq, and/or its implementing regulations. 61. The violations of the ADA by Defendants, NBC, MARATHON, FMNA, CITY OF PASADENA and DOES ! through 100, and cach of them, have harmed Plaintiff FLOYD ALLEN and Plaintiff's decedent, MAUREEN ALLEN. 62, Pursuant to the remedies, procedures, and rights set forth in 42 U.S.C. § 12188, Plaintiff prays for judgment as set forth below. ‘FIFTH CAUSE OF ACTION - VIOLATION OF THE UNRUH CIVIL RIGHTS ACT (Cal. Civ. Code, § 51, et sea.) (Against All Defendants) 63. Plaintiff hereby re-alleges and incorporates herein by reference each and every allegation contained in the previous paragraphs as though fully set forth herein. 64. Plaintiff is informed and believes, and thereupon alleges, that Defendants NBC, MARATHON, FMNA, CITY OF PASADENA and DOES | through 100, and each ofthem, owned, ogerated, and/or leased business establishments within the jurisdiction of the State of California and, Jas such, are obligated to comply with the provisions of the Unruh Act, Cal. Civ. Code, § 51, et seq. ("the Unruh Act"). 65. ‘The conduct alleged herein violates the Unruh Act, including Civ. Code, § 51, et seq. 66. ‘The Uneuh Act guarantess, inter alia, that persons with disabilities are entitled to full ‘and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever within the jurisdiction of the State of California. The Unruh Act also ‘provides that a violation of the ADA is @ violation of the Unruh Act. 67. Defendants NBC, MARATHON, FMNA, CITY OF PASADENA, and and DOES 1 through 100, including their employees and agents, and cach of them, have violated the Unruh Aet by, 4 ‘COMPLAINT FOR DAMAGESInto Morice Bula SUN6 709 es anges Caton 0023, siaarripaopnone = 30477169 tax ANISH SHEA & BOYLE LLP 10 ul 2 B 4 18 16 a7 18 19 a 2 a 25 26 7 28 inter alia, denying Plaintiff FLOYD ALLEN and Plaintiff's decedent, MAUREEN ALLEN, members of the proposed class, as persons with disabilities, full and equal accommodations, advantages, facilities, privileges, or services offered by the defendants atthe Pasadena Civie Auditorium. 68. Defendants NBC, MARATHON, FMNA, CITY OF PASADENA, and and DOES 1 through 100, including their employees and agents, and each of them, have also violated the Unruh ‘Act by violating the ADA, as set forth above. 69. Defendants NBC, MARATHON, FMNA, CITY OF PASADENA, and and DOES 1 through 100, including their employees and agents, and each of them, have violated the Unruh Act by, inter alia, failing to operate its services on a nondiscriminstory basis and failing to ensure that persons with disabilities have nondiscriminatory access to its restaurants. 70. Pursuant tothe remedies, procedures, and tights set forth in Califomia Civil Code § 52, Plaintiff pray for judgment as set forth below. 71. Tn doing the acts and/or omissions alleged i Defendants NBC, MARATHON, FMNA, CITY OF PASADENA, and and DOES 1 through 100, including their employees and agents, and’each of them, wrongfully and uniawfully denied access to their facilities to individuals with disabilities and acted with knowledge of the effect its conduct was having on physically disabled Persons. SIXTH CAUSE OF ACTION. VIOLATION OF CALIFORNIA DISABLED PERSONS ACT (Cal. Civ. Code, § 54, et seq.) (Against All Defendants) 72. Plaintiff hereby re-alleges and incorporates herein by reference each and every allegation contained in the previous paragraphs as though fully set forth herein. 73. California Civil Code § 54(a), the "Disabled Persons Act,” states in part shat individuals with disabilities or medical conditions have the same right as the general publicto the full and free use of public buildings, public facilites, and other publie places. 74. Civil Code § $4.1(a)(1) states in part that individuals with disabilities shall be entitled 10 full and equal access, as other members of the general public, to accommodations, advantages, 15. ‘COMPLAINT FOR DAMAGESie Has8 aus ® E23 Bas: 3 Eee Sieh megs alk Bisse Z:8 2: & se Boe aan ul 12 B 4 15 16 Ww 18 9 20 2 2 23 24 28 26 27 28 facilities, hotes, lodging places, places of public accommodation, amusement, or resort, and othar places to which the general publics invited, subject oly tothe conitions and imitations established by law, or state or federal regulation, and applicable alike to all persons. 75. Civil Code § $4.3(@) states in part that any person or persons, firm or corporation who denies or interferes with admittance to or enjoyment of the public facilities as specified in sections $4 and 54.1, or otherwise interferes with the rights of an individual with a disability under Sections 54, 54.1, and $42, is liable for each offense. 76, Civil Code § $4.1(3)(3) states in part that “full and equal access," for purposes of the section, means access that mects the standards of Titles {Land III of the Americans with Disabilities ‘Act and federal regulations pursuant thereto, except that, if the laws of Califomia prescribe higher standards, it shall mean access that meets those higher standards 71. Civil Code § 54.1(d) states in part thata violation of the right ofan individual unde the Americans with Disabilities Act also constitutes a violation of the Disabled Persons Act, and nothing in the section shall be construed to limit the access of any person in violation of that act. 78. Plaintiffs decedent MAUREEN ALLEN sustained physical injuries, pain and suffering and emotional upset in a sum according to proof as a result of the conduct of the defendants, 79. Defendants NBC, MARATHON, FMNA, CITY OF PASADENA, and and DOES 1 through 106, including their employees and agents, and each of them, are subject to the Disabled Persons Act, and said defendants unlawfully discriminated against Plaintiff FLOYD ALLEN and DECEDENT thereunder, such that Plaintif FLOYD ALLEN and DECEDENT are entitled to relief. SEVENTH CAUSE OF ACTION SURVIVAL ‘(Against All Defendants) 80. Plaintiff hereby re-allezes and incorporates herein by reference each and every allegetion contained in the previous paragraphs as though fully set forth herein. 81. On or about June 25, 2017, after the foregoing causes of action arose in her favor, Plaintiff's decedent, MAUREEN ALLEN, who would have been the plaintiff in this action ifshe had lived, passed away. THE ESTATE OF MAUREEN ALLEN is represented through its Successor-in- 16 ‘COMPLATNT FOR DAMAGESween 9 10 PANISH SHEA & BOYLE LLP 18 9 20 a 2 27 Interest, FLOYD ALLEN. 82, Plaintiffis informed and believes, and thereupon alleges the aforementioned SUBJECT INCIDENT that gave rise to this lawsuit caused DECEDENT to suffer traumatic injuries, and subsequently, to die. 83. Asallegal, direct and proximate result of the unlawful, reckless and negligent conduct of the Defendants, and each of them, as aforesaid, DECEDENT was injured in her person and was compelled to, and did, receive medical treatment end employ the services of hospitals, physicians, surgeons and/or health care specialists, to cate for and treat her following her March 26, 2017 fall and prior to her death on June 25, 2017. DECEDENT incurred substantial damages and medical and/or hospital expenses as direct and proximate result of the acts and/or omissions of the Defendants, and ‘each of thém, as herein alleged. 7 84, THE ESTATE OF MAUREEN ALLEN by and through its Succesor-in-interest, FLOYD ALLEN, therefore seeks all damages accruing to the decedent in a survival action, pursuant to Catifornia Code of Civil Procedure § 377.34. All of said damages combine toa sum in excess of the jurisdictional minimum of this Court, which will be stated according to proof, pursuant to Section 425.10 of the California Code of Civil Procedure. EIGHTH CAUSE OF ACTION ‘NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS - BYSTANDER THEORY (Against All Defendants) 85, Plaintiff hereby re-alleges and incorporates herein by reference each and every allegation contained in the previous paragraphs as though fully sct forth herein. 86. Plaintiff FLOYD ALLEN was present at the scene at the time of the events described herein. 87. Plaintiff FLOYD ALLEN, contemporancously observed the events hercin alleged resulting in the desth of his wife, MAUREEN ALLEN 88. Asadireetand proximate result of the negligence of Defendants, NBC, MARATHON, FMNA, CITY OF PASADENA and DOES | through 100, and ezch of them, Plaintiff FLOYD [ALLEN suffered severe, substantial and enduring emotional distress all to his damage in a sum in 17 ‘COMPLAINT FOR DAMAGESPANISH SHBA & BOYLE LLP 1 llexcess of the minimum jurisdiction of an.unlimited Superior Court case to be shown according to 2 | proof. 3 FRAYERFORDAMAGES = « 4 WHEREFORE, Plaintiffs pray for judgment against Defendants, and each of them, as follows: 5 1. For general damages, including but not limited to, past and future loss of love, 6|[companionship, comfort, care, assistance, affection, protection, society solace, moral support and 7 | uidance, in a sum in excess of the jurisdictional minimum according to proof; 8 2. Foespecial damages, including but not limited to, sums incurred and to be incurred for 49] services to hospitals, physicians, surgeons, nurses and other professional services, ambulance service, 10 || x-rays and other medical supplies and services, as well as past and future financial support, loss of 11 || gifts and benefits, funeral and burial expenses, and reasonable value of household services, in excess 12] ofthe jurisdictional minimum, according to proof; 3 3... For prejudgment interest, aecarding to proof, 4 4, For attomeys' fees and costs of suit incurred hesein, according to prooft 1s 5, Statutory damages pursuant to the Unruh Civil Rights Act, Civ. Code, § 51; 16 6. Statutory damages and attorneys fees pursuant to Civ.Code, § 52(a); v 7. Statutory damages and attomeys fees pursuant 10 Civ.Code, § 54.3; and 18 8, Forsuch other and further relief as the court deems proper. 19 ‘The totality of the damages suffered is not now known but said damages exceed the i DATED: March 1, 2018 PANISH SHEA & BOYLE LLP 23 x Se ee eT Badn J Pan 25 ‘Thomas A. Schultz John W. Shaller in “Attomeys for Plaintifts 27 8 18 COMPLAINT FOR DAMAGES3 2 g a zs < a z & 3 Zz é g i i j 2 5 Ee a Qe a fe ee DATED: March 1, 2018 DEMAND FOR TRIAL BY JUR' ffs hereby demand trial by jury. PANISH SHEA & BOYLE LLP By, elec an J. Par ‘Thomas A. Schultz John W. Shaller ‘Attorneys for Plaintiffs 19 ‘COMPLAINT FOR DAMAGES