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02D03-2305-CT-000400 Filed: 5/31/2023 1:39 PM
Clerk
Allen Superior Court 3 Allen County, Indiana
BB
STATE OF INDIANA ) IN THE ALLEN SUPERIOR COURT
) SS:
COUNTY OF ALLEN ) CAUSE NO.
TRACY COMPTON, )
)
Plaintiff, )
)
)
v. )
)
EDWARD ROSE OF INDIANA, LLC d/b/a )
DUPONT LAKES APARTMENTS, )
)
Defendants. )
COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
Comes now Plaintiff, TRACY COMPTON, by counsel, Jeff JJ Shaw of SHAW LAW
and for her Complaint for Damages and Demand for Jury Trial against the Defendant,
provides as follows:
1. At all times relevant herein Defendant, Edward Rose of Indiana, LLC d/b/a
Dupont Lakes Apartments, was a business operating a rental property to
tenants and the public at large located at Dupont Lakes Apartments, 3302
Vantage Point Dr. in Fort Wayne, Indiana.
2. Defendant invited customers, employees, vendors and other guests upon
the land for various reasons and employment purposes.
3. Any act, omission, or failure of any employee, staff member, agent or
member of the management or ownership and administration of the
Defendant, Edward Rose of Indiana, LLC d/b/a Dupont Lakes Apartments
(hereinafter “Defendant”), shall be deemed the act, omission, or failure of
the Defendant.
4. Plaintiff, TRACY COMPTON, was an invitee of Defendant on or about
February 27, 2022, when she entered upon Defendant’s property located at
3302 Vantage Point Dr. in Fort Wayne, Indiana, specifically the sidewalk
leading to Apartment 3326 of Dupont Lakes Apartments (hereinafter “The
Property”).
5. Plaintiff, TRACY COMPTON’s purpose for being on The Property was as an
invitee and delivery person to a tenant on the Property. As a business
invitee, Plaintiff, TRACY COMPTON, was owed the highest duty of care by
the Defendant.
6. Plaintiff, TRACY COMPTON, was being careful in a reasonable manner
when she fell on the Defendant’s uneven, dangerous and hazardous
sidewalk/steps/stairs and was injured when she fell over the unexpected
hazardous condition of The Property.
7. Defendant knew or by the exercise of reasonable care should have
discovered the dangerous and unsafe condition of its property and should
have realized it involved an unreasonable risk of harm to Plaintiff, TRACY
COMPTON, and other invitees; Defendant failed to exercise reasonable
care by allowing the uneven and dangerous stairs to exist on The Property;
Defendant failed to make reasonable inspections to discover this hazardous
condition where customers would likely be and remedy the defect; and
Defendant failed to warn customers of the unsafe and dangerous condition
of The Property.
8. Furthermore, Defendant had sufficient time to discover this condition but
failed to remedy or remove the unsafe, dangerous condition from The
Property such that it would have prevented the injury.
9. Furthermore, Defendant made a voluntary decision to violate numerous
safety codes and guidelines by its failure to remedy the defective condition
of The Property.
10. Defendant’s careless and negligent conduct was the direct and proximate
cause of the Plaintiff’s injuries.
11. Plaintiff’s damages include permanent and temporary physical and mental
injuries, medical expenses both past and future, lost wages and
impairment of earning capacity, disfigurement and pain and/or suffering
with mental anguish.
WHEREFORE, Plaintiff, TRACY COMPTON, prays for judgment against the
Defendant in an amount commensurate with her injuries and damages, for costs
of this action, and for all other just and proper relief in the premises.
Respectfully submitted,
SHAW LAW
/s/Jeff JJ Shaw
Jeff JJ Shaw, (#15265-46)
56 Indiana Avenue
Valparaiso, IN 46383
Tel.: (877) 225-5742
Fax: (866) 328-9775
E-mail: jeffshaw@slipandfall.com
Attorney for the Plaintiff
JURY DEMAND
Comes now Plaintiff, TRACY COMPTON, by counsel, and pursuant to Indiana
Rule of Trial Procedure 38(b), respectfully requests a trial by jury in this matter.
Respectfully submitted,
SHAW LAW
/s/Jeff JJ Shaw
Jeff JJ Shaw, (#15265-46)
56 Indiana Avenue
Valparaiso, IN 46383
Tel.: (877) 225-5742
Fax: (866) 328-9775
E-mail: jeffshaw@slipandfall.com
Attorney for the Plaintiff
Preview
02D03-2305-CT-000400 Filed: 5/31/2023 1:39 PM Clerk Allen Superior Court 3 Allen County, Indiana BB STATE OF INDIANA ) IN THE ALLEN SUPERIOR COURT ) SS: COUNTY OF ALLEN ) CAUSE NO. TRACY COMPTON, ) ) Plaintiff, ) ) ) v. ) ) EDWARD ROSE OF INDIANA, LLC d/b/a ) DUPONT LAKES APARTMENTS, ) ) Defendants. ) COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL Comes now Plaintiff, TRACY COMPTON, by counsel, Jeff JJ Shaw of SHAW LAW and for her Complaint for Damages and Demand for Jury Trial against the Defendant, provides as follows: 1. At all times relevant herein Defendant, Edward Rose of Indiana, LLC d/b/a Dupont Lakes Apartments, was a business operating a rental property to tenants and the public at large located at Dupont Lakes Apartments, 3302 Vantage Point Dr. in Fort Wayne, Indiana. 2. Defendant invited customers, employees, vendors and other guests upon the land for various reasons and employment purposes. 3. Any act, omission, or failure of any employee, staff member, agent or member of the management or ownership and administration of the Defendant, Edward Rose of Indiana, LLC d/b/a Dupont Lakes Apartments (hereinafter “Defendant”), shall be deemed the act, omission, or failure of the Defendant. 4. Plaintiff, TRACY COMPTON, was an invitee of Defendant on or about February 27, 2022, when she entered upon Defendant’s property located at 3302 Vantage Point Dr. in Fort Wayne, Indiana, specifically the sidewalk leading to Apartment 3326 of Dupont Lakes Apartments (hereinafter “The Property”). 5. Plaintiff, TRACY COMPTON’s purpose for being on The Property was as an invitee and delivery person to a tenant on the Property. As a business invitee, Plaintiff, TRACY COMPTON, was owed the highest duty of care by the Defendant. 6. Plaintiff, TRACY COMPTON, was being careful in a reasonable manner when she fell on the Defendant’s uneven, dangerous and hazardous sidewalk/steps/stairs and was injured when she fell over the unexpected hazardous condition of The Property. 7. Defendant knew or by the exercise of reasonable care should have discovered the dangerous and unsafe condition of its property and should have realized it involved an unreasonable risk of harm to Plaintiff, TRACY COMPTON, and other invitees; Defendant failed to exercise reasonable care by allowing the uneven and dangerous stairs to exist on The Property; Defendant failed to make reasonable inspections to discover this hazardous condition where customers would likely be and remedy the defect; and Defendant failed to warn customers of the unsafe and dangerous condition of The Property. 8. Furthermore, Defendant had sufficient time to discover this condition but failed to remedy or remove the unsafe, dangerous condition from The Property such that it would have prevented the injury. 9. Furthermore, Defendant made a voluntary decision to violate numerous safety codes and guidelines by its failure to remedy the defective condition of The Property. 10. Defendant’s careless and negligent conduct was the direct and proximate cause of the Plaintiff’s injuries. 11. Plaintiff’s damages include permanent and temporary physical and mental injuries, medical expenses both past and future, lost wages and impairment of earning capacity, disfigurement and pain and/or suffering with mental anguish. WHEREFORE, Plaintiff, TRACY COMPTON, prays for judgment against the Defendant in an amount commensurate with her injuries and damages, for costs of this action, and for all other just and proper relief in the premises. Respectfully submitted, SHAW LAW /s/Jeff JJ Shaw Jeff JJ Shaw, (#15265-46) 56 Indiana Avenue Valparaiso, IN 46383 Tel.: (877) 225-5742 Fax: (866) 328-9775 E-mail: jeffshaw@slipandfall.com Attorney for the Plaintiff JURY DEMAND Comes now Plaintiff, TRACY COMPTON, by counsel, and pursuant to Indiana Rule of Trial Procedure 38(b), respectfully requests a trial by jury in this matter. Respectfully submitted, SHAW LAW /s/Jeff JJ Shaw Jeff JJ Shaw, (#15265-46) 56 Indiana Avenue Valparaiso, IN 46383 Tel.: (877) 225-5742 Fax: (866) 328-9775 E-mail: jeffshaw@slipandfall.com Attorney for the Plaintiff