Preview
FILED: KINGS COUNTY CLERK 09/01/2022 12:10 PM INDEX NO. 504481/2021
NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 09/01/2022
FILED: KINGS COUNTY CLERK 04/06/2022
09/01/2022 11:21
12:10 AM
PM INDEX NO. 504481/2021
NYSCEF DOC. NO. 42
86 RECEIVED NYSCEF: 04/06/2022
09/01/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
____________________________----______________________________________Ç
LALITA CREWS, VERIFIED BILL OF
PARTICULARS FOR
Plaintiff, DEFENDANT
1040 KFC LLC
- against -
JAM SERVICES AND REPAIRS LLC, JOSE M. NINA
BONILLA, QSR EAST LLC, 1040 KFC LLC and KFC Index No.: 504481/21
CORPORATION,
Defendants.
________________________--------___________________.___________________Ç
Plaintiff, by her attorneys, the LAW OFFICE OF RONALD W. RAMIREZ, responding to
the demands of Defendant 1040 KFC LLC (hereinafter referred to as "1040") for a Verified Bill of
Particulars, alleges, upon information and belief, as follows:
1.-2. The incident took place at the KFC restaurant located at 1040 Bedford Avenue,
Brooklyn, New York, on 3/11/20 at approximately 4:15 pm.
3. This was not a motor vehicle accident.
4. The defendant failed to monitor and supervise the operation of the machinery and
equipment at their tenants restaurant, including the Henry Penny hot oil pressure fryer; failed to
properly insure that the restaurant operations were conducted in a safe manner pursuant to the
lease and applicable New York State Law; failed to properly enter and inspect that the operation
and management of the restaurant was being performed in a safe manner; in failing to provide
adequate warning to warn users that the pressure fryer was unsafe to operate; in allowing the
aforesaid unsafe, hazardous and dangerous pressure fryer to continue to be used in itsunsafe,
hazardous and dangerous condition; and in the negligent screening, hiring and training of their
agents, servants and employees, licensees, contractors, subcontractors, and/or other affiliates,
agencies and departments.
5. The Court shall take judicial notice of allstatutes, ordinances, rules and regulations
applicable herein which Defendants violated.
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NYSCEF DOC. NO. 42
86 RECEIVED NYSCEF: 04/06/2022
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6.-7. As a result of the occurrence, Plaintiff sustained the following personal injuries:
Burns:
2nd and 3rd degree burns to 14% of her body; and 3rd degree burns
to 9% of her body requiring surgery on 3/20/20 consisting of :
Tangential excision/wound bed preparation of right upper arm (250 cm2),
right breast (150 cm2), leftbreast (200 cm2) and leftupper arm (150 cm2)
for a total area (750 cm2); and
Split thickness autografting to right upper arm (250 cm2), right breast (150
cm2), left breast (200 cm2) and left upper arm (150 cm2) for a total area
(750 cm2);
2nd degree burns of the face, abdomen and chest wall;
Post burn pain;
Post burn itching;
Scarring:
Right Arm:
18.0 x 4.0 cm scar which is a skin graft;
6.0 x 2.0 cm scar of the axilla;
Left Arm:
14.0 x 5.0 cm scar which is a split thickness skin graft;
Left Breast:
13.0 x 6.0 cm scar which is a split thickness skin graft;
Right Breast:
10.0 x 7.0 cm scar;
7.0 x 5.0 cm scar;
2
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FILED: KINGS COUNTY CLERK 04/06/2022
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NYSCEF DOC. NO. 42
86 RECEIVED NYSCEF: 04/06/2022
09/01/2022
Abdomen:
There is a healed burn scar that did not have a split thickness skin
graft that is 40.0 x 15.0 cm;
Right Lower extremity:
Scarring from donor sites for the skin grafts on the right leg and
right thigh measuring 21.0 x 20.0 cm;
Left lower extremity:
Scarring from donor sites for the skin grafts on the left leg
measuring 24.0 x 16.0 cm;
Psychological:
Post traumatic stress disorder;
Depression;
Fearfulness;
Anxiety;
Irritability;
Avoidance;
Nightmares;
Embarrassment;
Social withdrawal;.
Anger;
Outbursts;
Hyper-vigilance;
Sleep disturbance.
Plaintiff claims all injuries alleged herein are causally related to the instant accident and
Defendants'
negligence therein.
Plaintiff suffered, stillsuffers and, upon information and belief, will continue to suffer
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NYSCEF DOC. NO. 42
86 RECEIVED NYSCEF: 04/06/2022
09/01/2022
pain, discomfort and limited movement of the injured portions of her body, including the adjacent
muscles, tendons, nerves, joints, fascia, vessels and soft tissue, and will require additional medical
care, medications and attention.
Plaintiff will supplement her bill of particulars prior to trial to set forth any other effects of
the injuries as they become apparent.
8. None of the aforesaid injuries resulted from an aggravation or exacerbation of a
pre-existing or prior medical condition.
9.-10. This was not a motor vehicle accident.
1 1.-13. Plaintiff was admitted to The William Randolph Hearst Burn Center at New
68*
York-Presbyterian/Weill Cornell Medical Center, 525 East Street, New York, NY 10065, on
3/11/20 and was confined to bed thereat until her discharge on 3/26/20. Plaintiff was then
confined to her bed at home for approximately 2 additional weeks. Plaintiff was then confined to
her home for 3 months.
14. Plaintiff has incurred the following special damages, to date:
Physicians'
(a) services: $ 1,850.00
(b) Hospital expenses: $ 54,473.00
( c) Loss of Earnings: $ 42,800.00, calculated as follows:
3/11/20 to 4/l/22 = 107 weeks @ $400.00 per week = $42,800.00
Plaintiff continues to lose earnings at this rate.
(d) Any other special damages: $ 1,000.00
15.-16. Future damages will be provided under separate cover.
17. Plaintiff was employed as a cook and cashier by Divine Investors, LLC, 549
Empire Boulevard, Brooklyn, NY 11225, at the KFC restaurant located at 1040 Bedford Avenue,
Brooklyn, NY 11205.
18. Plaintiff has been unable to work from 3/11/20 to the present.
19. Plaintiff's average weekly wages were $ 400.00 gross and $ 305.79 net.
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NYSCEF DOC. NO. 42
86 RECEIVED NYSCEF: 04/06/2022
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20. See 17., supra.
21. Plaintiff was not self-employed.
22. Plaintiff was not a student.
23. Plaintiff currently resides at 442 Mosley Street, Wilmington, NC 28405.
24. Plaintiff was born in 1985.
25. This accident does not involve a motor vehicle.
26. No loss of services is claimed.
Dated: Forest Hills, New York
April 5, 2022
Yours, e .,
Ronal W. Ramir
LAW OFFICE OF NALD W. RAMIREZ
Attorneys for Plaintiff
71"
107-19 Avenue
Forest Hills, NY 11375
(718) 261-6161
FileNo. 200005
TO: LAW OFFICE OF KEVIN J. PHILBIN
Attorneys for Defendant
1040 KFC LLC
13*
One Whitehall Street, Floor
New York, NY 10004
(212) 248-9100
File No. 2 1-004175
5
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FILED: KINGS COUNTY CLERK 04/06/2022
09/01/2022 11:21
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PM INDEX NO. 504481/2021
NYSCEF DOC. NO. 42
86 RECEIVED NYSCEF: 04/06/2022
09/01/2022
ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
:ss.:
COUNTY OF QUEENS )
RONALD W. RAMIREZ, an attorney duly admitted to practice before the Courts of the
State of New York, affirms the following to be true under the penalties of perjury:
I am a member of the LAW OFFICE OF RONALD W. RAMIREZ, the attorneys of
record for LALITA CREWS, the Plaintiff in the within action. I have read the annexed
BILL OF PARTICULARS
and know the contents thereof, and the same are true to my knowledge, except those matters
therein which are stated to be alleged upon information and belief, and as to those matters I
believe them to be true. My belief, as to those matters therein not stated upon knowledge, is
based upon facts, records, and other pertinent information contained in my files.
The reason this verification is made by me and not Plaintiff is that Plaintiff does not
reside in the County of Queens, the county wherein the attorneys for the Plaintiff maintain their
offices.
Dated: Forest Hills, New York
April 5, 2022
RO ALD W. R Z
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FILED: KINGS COUNTY CLERK 04/06/2022
09/01/2022 11:21
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PM INDEX NO. 504481/2021
NYSCEF DOC. NO. 42
86 RECEIVED NYSCEF: 04/06/2022
09/01/2022
Index No. 504481/21 (J. Montelione)
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
LALITA CREWS,
Plaintiff,
- against -
JAM SERVICES AND REPAIRS LLC, JOSE M. NINA BONILLA, QSR EAST LLC,
1040 KFC LLC and KFC CORPORATION,
Defendants.
VERIFIED BILL OF PARTICULARS
LAW OFFICE OF RONALD W. RAMIREZ
Attorneys for Plaintiff
107-19 71st Avenue
Forest Hills,New York 11375
Tel. No.: (718) 261-6161
Fax No.: (718) 268-3045
RR @ RWRAMEREZ.COM
CERTIFICATION:
To the best of the undersigned's knowledge, information and belief,formed after an inquiry
reasonable under the circumstances, the within document(s) and contentions contained
therein are not frivolous as defined in 22 NYCRR §130-1.1-a.
Dated: Forest Hills,New York
April 5, 2022
R ALD W. --.
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Preview
FILED: KINGS COUNTY CLERK 09/01/2022 12:10 PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 09/01/2022 FILED: KINGS COUNTY CLERK 04/06/2022 09/01/2022 11:21 12:10 AM PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 42 86 RECEIVED NYSCEF: 04/06/2022 09/01/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ____________________________----______________________________________Ç LALITA CREWS, VERIFIED BILL OF PARTICULARS FOR Plaintiff, DEFENDANT 1040 KFC LLC - against - JAM SERVICES AND REPAIRS LLC, JOSE M. NINA BONILLA, QSR EAST LLC, 1040 KFC LLC and KFC Index No.: 504481/21 CORPORATION, Defendants. ________________________--------___________________.___________________Ç Plaintiff, by her attorneys, the LAW OFFICE OF RONALD W. RAMIREZ, responding to the demands of Defendant 1040 KFC LLC (hereinafter referred to as "1040") for a Verified Bill of Particulars, alleges, upon information and belief, as follows: 1.-2. The incident took place at the KFC restaurant located at 1040 Bedford Avenue, Brooklyn, New York, on 3/11/20 at approximately 4:15 pm. 3. This was not a motor vehicle accident. 4. The defendant failed to monitor and supervise the operation of the machinery and equipment at their tenants restaurant, including the Henry Penny hot oil pressure fryer; failed to properly insure that the restaurant operations were conducted in a safe manner pursuant to the lease and applicable New York State Law; failed to properly enter and inspect that the operation and management of the restaurant was being performed in a safe manner; in failing to provide adequate warning to warn users that the pressure fryer was unsafe to operate; in allowing the aforesaid unsafe, hazardous and dangerous pressure fryer to continue to be used in itsunsafe, hazardous and dangerous condition; and in the negligent screening, hiring and training of their agents, servants and employees, licensees, contractors, subcontractors, and/or other affiliates, agencies and departments. 5. The Court shall take judicial notice of allstatutes, ordinances, rules and regulations applicable herein which Defendants violated. 1 of 7 FILED: KINGS COUNTY CLERK 04/06/2022 09/01/2022 11:21 12:10 AM PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 42 86 RECEIVED NYSCEF: 04/06/2022 09/01/2022 6.-7. As a result of the occurrence, Plaintiff sustained the following personal injuries: Burns: 2nd and 3rd degree burns to 14% of her body; and 3rd degree burns to 9% of her body requiring surgery on 3/20/20 consisting of : Tangential excision/wound bed preparation of right upper arm (250 cm2), right breast (150 cm2), leftbreast (200 cm2) and leftupper arm (150 cm2) for a total area (750 cm2); and Split thickness autografting to right upper arm (250 cm2), right breast (150 cm2), left breast (200 cm2) and left upper arm (150 cm2) for a total area (750 cm2); 2nd degree burns of the face, abdomen and chest wall; Post burn pain; Post burn itching; Scarring: Right Arm: 18.0 x 4.0 cm scar which is a skin graft; 6.0 x 2.0 cm scar of the axilla; Left Arm: 14.0 x 5.0 cm scar which is a split thickness skin graft; Left Breast: 13.0 x 6.0 cm scar which is a split thickness skin graft; Right Breast: 10.0 x 7.0 cm scar; 7.0 x 5.0 cm scar; 2 2 of 7 FILED: KINGS COUNTY CLERK 04/06/2022 09/01/2022 11:21 12:10 AM PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 42 86 RECEIVED NYSCEF: 04/06/2022 09/01/2022 Abdomen: There is a healed burn scar that did not have a split thickness skin graft that is 40.0 x 15.0 cm; Right Lower extremity: Scarring from donor sites for the skin grafts on the right leg and right thigh measuring 21.0 x 20.0 cm; Left lower extremity: Scarring from donor sites for the skin grafts on the left leg measuring 24.0 x 16.0 cm; Psychological: Post traumatic stress disorder; Depression; Fearfulness; Anxiety; Irritability; Avoidance; Nightmares; Embarrassment; Social withdrawal;. Anger; Outbursts; Hyper-vigilance; Sleep disturbance. Plaintiff claims all injuries alleged herein are causally related to the instant accident and Defendants' negligence therein. Plaintiff suffered, stillsuffers and, upon information and belief, will continue to suffer 3 3 of 7 FILED: KINGS COUNTY CLERK 04/06/2022 09/01/2022 11:21 12:10 AM PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 42 86 RECEIVED NYSCEF: 04/06/2022 09/01/2022 pain, discomfort and limited movement of the injured portions of her body, including the adjacent muscles, tendons, nerves, joints, fascia, vessels and soft tissue, and will require additional medical care, medications and attention. Plaintiff will supplement her bill of particulars prior to trial to set forth any other effects of the injuries as they become apparent. 8. None of the aforesaid injuries resulted from an aggravation or exacerbation of a pre-existing or prior medical condition. 9.-10. This was not a motor vehicle accident. 1 1.-13. Plaintiff was admitted to The William Randolph Hearst Burn Center at New 68* York-Presbyterian/Weill Cornell Medical Center, 525 East Street, New York, NY 10065, on 3/11/20 and was confined to bed thereat until her discharge on 3/26/20. Plaintiff was then confined to her bed at home for approximately 2 additional weeks. Plaintiff was then confined to her home for 3 months. 14. Plaintiff has incurred the following special damages, to date: Physicians' (a) services: $ 1,850.00 (b) Hospital expenses: $ 54,473.00 ( c) Loss of Earnings: $ 42,800.00, calculated as follows: 3/11/20 to 4/l/22 = 107 weeks @ $400.00 per week = $42,800.00 Plaintiff continues to lose earnings at this rate. (d) Any other special damages: $ 1,000.00 15.-16. Future damages will be provided under separate cover. 17. Plaintiff was employed as a cook and cashier by Divine Investors, LLC, 549 Empire Boulevard, Brooklyn, NY 11225, at the KFC restaurant located at 1040 Bedford Avenue, Brooklyn, NY 11205. 18. Plaintiff has been unable to work from 3/11/20 to the present. 19. Plaintiff's average weekly wages were $ 400.00 gross and $ 305.79 net. 4 4 of 7 FILED: KINGS COUNTY CLERK 04/06/2022 09/01/2022 11:21 12:10 AM PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 42 86 RECEIVED NYSCEF: 04/06/2022 09/01/2022 20. See 17., supra. 21. Plaintiff was not self-employed. 22. Plaintiff was not a student. 23. Plaintiff currently resides at 442 Mosley Street, Wilmington, NC 28405. 24. Plaintiff was born in 1985. 25. This accident does not involve a motor vehicle. 26. No loss of services is claimed. Dated: Forest Hills, New York April 5, 2022 Yours, e ., Ronal W. Ramir LAW OFFICE OF NALD W. RAMIREZ Attorneys for Plaintiff 71" 107-19 Avenue Forest Hills, NY 11375 (718) 261-6161 FileNo. 200005 TO: LAW OFFICE OF KEVIN J. PHILBIN Attorneys for Defendant 1040 KFC LLC 13* One Whitehall Street, Floor New York, NY 10004 (212) 248-9100 File No. 2 1-004175 5 5 of 7 FILED: KINGS COUNTY CLERK 04/06/2022 09/01/2022 11:21 12:10 AM PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 42 86 RECEIVED NYSCEF: 04/06/2022 09/01/2022 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) :ss.: COUNTY OF QUEENS ) RONALD W. RAMIREZ, an attorney duly admitted to practice before the Courts of the State of New York, affirms the following to be true under the penalties of perjury: I am a member of the LAW OFFICE OF RONALD W. RAMIREZ, the attorneys of record for LALITA CREWS, the Plaintiff in the within action. I have read the annexed BILL OF PARTICULARS and know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my files. The reason this verification is made by me and not Plaintiff is that Plaintiff does not reside in the County of Queens, the county wherein the attorneys for the Plaintiff maintain their offices. Dated: Forest Hills, New York April 5, 2022 RO ALD W. R Z 6 of 7 FILED: KINGS COUNTY CLERK 04/06/2022 09/01/2022 11:21 12:10 AM PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 42 86 RECEIVED NYSCEF: 04/06/2022 09/01/2022 Index No. 504481/21 (J. Montelione) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS LALITA CREWS, Plaintiff, - against - JAM SERVICES AND REPAIRS LLC, JOSE M. NINA BONILLA, QSR EAST LLC, 1040 KFC LLC and KFC CORPORATION, Defendants. VERIFIED BILL OF PARTICULARS LAW OFFICE OF RONALD W. RAMIREZ Attorneys for Plaintiff 107-19 71st Avenue Forest Hills,New York 11375 Tel. No.: (718) 261-6161 Fax No.: (718) 268-3045 RR @ RWRAMEREZ.COM CERTIFICATION: To the best of the undersigned's knowledge, information and belief,formed after an inquiry reasonable under the circumstances, the within document(s) and contentions contained therein are not frivolous as defined in 22 NYCRR §130-1.1-a. Dated: Forest Hills,New York April 5, 2022 R ALD W. --. 7 of 7