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ESX-L-004325-23 07/06/2023 11:48:23 PM Pg 1 of 13 Trans ID: LCV20232022372
HINSON SNIPES, LLP
Princeton Forrestal Village
116 Village Boulevard, Suite 307
Princeton, New Jersey 08540
P: (609) 452-7333 & F: (609) 452-7332
Tracey C. Hinson, Esquire
Attorney for Plaintiff IJEOMA UKENTA
IJEOMA UKENTA, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION – ESSEX COUNTY
Plaintiff, DOCKET NO.: ESX-L-
vs. CIVIL ACTION
VICTORIA SECRET STORES, LLC,
SHORT HILLS ASSOCIATES, LLC.,
D/B/A THE MALL AT SHORT HILLS,
THE TAUBMAN COMPANY, LLC, ALLIED COMPLAINT
UNIVERSAL SECURITY SERVICES, AND JURY DEMAND
ABIGAL ELPHICK, JANE/JOHN DOES 1-
10 (names being fictitious), and
XYZ ENTITIES/CORPORATIONS 1-10
(names being fictitious),
Defendants.
Plaintiff IJEOMA UKENTA, residing in the County of Essex, and
State of New Jersey, by way of Complaint, states:
PARTIES
1. At all times relevant hereto, Plaintiff IJEOMA UKENTA,
was a resident of the County of Essex, and State of New Jersey.
2. At all times relevant hereto, Defendant, The Taubman
Company, LLC, (“Taubman”), with its principal place of business
located 200 E. Long Lake Road, Suite 200, Bloomfield Hills, MI
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48304-2324, was the owner and/or operator of The Mall at Short
Hills (the “Mall”), located at 1200 Morris Turnpike, in Short
Hills, New Jersey.
3. At all times relevant hereto, upon information and
belief, Defendant, Short Hills Associates, LLC., D/B/A Mall at
Short Hills, (hereinafter “SHA”), with its principal place of
business located at 1200 Morris Turnpike, Suite 2, in Short Hills,
New Jersey, was the owner and/or operator of the Mall.
4. At all times relevant, Defendant, Victoria Secret
Stores, LLC (“Victoria Secret”), was a corporation licensed to do
business in the State of New Jersey, with its principal place of
business at 3 Limited Parkway, Columbus, Ohio, and operating its
store at the Mall.
5. At all times relevant hereto, upon information and
belief, Defendant, Allied Universal Security Services (“Allied”),
provides safety and security services at The Mall at Short Hills,
including but not limited to operating and maintaining security of
all areas of the mall. Allied maintains its principal place of
business at Eight Tower Bridge, 161 Washington Street, Suite 600,
Conshohocken, PA, and maintains a New Jersey Office at, among other
places, The Mall at Short Hills, 1200 Morris Turnpike, Suite A-
001, Short Hills, New Jersey.
6. Defendants Victoria Secret, Taubman, and SHA, are
referred to jointly as “Mall Defendants.”
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7. At all times relevant, Defendant Abigail J. Elphick
(“Elphick”), resided at 58 Sunset Terrace, in Cedar Grove, New
Jersey.
8. At all times relevant hereto, Defendants XYZ
Entities/Corporations 1-10, representing one or more fictitious
individuals or entities, consisting of Directors, Officers,
Principals, Partners, Boards, Board Members or Representatives or
Agents, individually, jointly, and severally, whose identities are
currently unknown, were responsible, directly or by and through
their principals, agents, servants, and/or employees, for the
operations, security, safety, and inspections, and maintenance of
the location where the incident described herein occurred.
9. At all times relevant, Defendants Jane/John Does 1-10,
were principals, agents, servants and/or employees of Mall
Defendants and XYZ Entities/Corporations 1-10.
10. As such, Mall Defendants and XYZ Entities/Corporations
1-10, are vicariously liable for any negligent acts, grossly
negligent acts, and/or omissions on the part of Defendants
Jane/John Does 1-10.
BACKGROUND AND FACTS
11. On July 10, 2021, Plaintiff IJEOMA UKENTA, was a business
invitee of Mall Defendants at The Mall, invited to The Mall for
the business purposes of Mall Defendants.
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12. While shopping at Victoria Secret, Plaintiff was
subjected to an unwarranted and unprovoked assault and battery by
Defendant Elphick who was also a business invitee of Mall
Defendants.
13. On at least three (3) occasions, Elphick chased
Plaintiff around the Victoria Secret Store, lunged at her,
attempted to strike her, and attempted to swipe her phone from her
hand, forcing Plaintiff to attempt seek cover behind a store
manager.
14. The incident began when, due to COVID restrictions,
Plaintiff made a simple request that Elphick move six feet away,
after leaning too close in proximity to Plaintiff; an interaction
that lasted approximately five (5) seconds.
15. Elphick immediately walked up to the employees at the
cash register and falsely claimed Plaintiff threatened her and
demanded to have Plaintiff removed from the store.
16. Flabbergasted at the false accusations and at Elphick’s
behavior, and being keenly aware that if the police were called,
she, a Black woman, may not be believed and could be deemed the
aggressor, Plaintiff began to record with her cell phone to protect
herself.
16. The series of videotapes show Elphick charging toward
Plaintiff, lunging at her, and attempting to knock her phone from
her hand.
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17. The shock, panic, and confusion can be heard in
Plaintiff’s voice as she exclaimed, “Oh God, Oh my God. Oh my God.
Do you see this? Oh my God. I never thought nothing like this would
happen to me. She tried to run and hit me.”
18. Video shows Elphick continuing to chase Plaintiff around
the store as Plaintiff desperately tried to avoid her.
19. Recordings of the 911 calls placed by Elphick revealed
she falsely reported Plaintiff was threatening her.
20. Plaintiff did not at any time threaten Elphick. Videos
of the incident show that it was Elphick that threatened to call
the police on Plaintiff, menaced, assaulted, battered, and chased
Plaintiff around the store, placing Plaintiff in fear for her
physical safety.
21. As this was happening, Victoria Secret employees did
anything to assist or protect Plaintiff. Nor did they ask Elphick,
who was clearly the aggressor, to leave the store before the
incident escalated. Instead, they ignored what was happening,
allowing Elphick to continue her assault on Plaintiff while they
continued to service Victoria Secret’s customers.
22. Despite being summoned on multiple occasions, Mall
Security failed to respond in a timely manner. When Mall Security
finally responded, they treated Plaintiff in a disparate manner by
treating her as the aggressor rather than a victim, further
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increasing the embarrassment, humiliation, fear, and general sense
that she was not believed and would not be treated fairly.
22. Despite knowledge that Elphick had committed and assault
and battery on Plaintiff, Mall security ignored Plaintiff’s
request to remove Elphick from the premises and failed to offer
her assistance or protection.
23. Neither Victoria Secret employees, nor mall security
showed any concern for Plaintiff, her safety, or her wellbeing.
They were extremely dismissive toward her and were indifferent and
nonchalant about her concerns for her safety.
24. Although she was the victim, Plaintiff was humiliated
further by mall security, her concerns were ignored, and she was
the one asked to leave the mall.
FIRST COUNT
1. Plaintiff repeats and reiterates the allegations in all
prior paragraphs as though the same are set forth at length herein.
2. The Mall Defendants owed to Plaintiff, and to the invited
public, a duty to exercise ordinary care to render The Mall
reasonably safe for its business invitees, and to care for,
protect, and safeguard its invitees, including Plaintiff, from
harm, and breached that duty causing harm to Plaintiff.
3. The Mall Defendants had a duty to implement policies,
and procedures to protect their business invitees from physical
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harm on their premises and breached their duty to provide adequate
security, and adequate training to their employees to intervene,
aid, or protect their customers from physical harm, despite prior
knowledge that such physical harm were likely to occur, and
breached that causing harm to Plaintiff.
4. The Mall Defendants were negligent and careless in
failing to maintain safe and secure premises for all patrons and/or
invitees which allowed the criminal acts against Plaintiff to be
perpetrated on their premises.
5. The Mall Defendants knew or should have know that the
failure to provide adequate security, training, and supervision to
its employees, and its failure to implement policies and procedures
to protect its business invitees from physical harm on their
premises, created a foreseeable risk of harm to invitees like
Plaintiff.
6. As a direct and proximate result of Mall Defendants,
negligence and breach of duty, Plaintiff IJEOMA UKENTA, was
publicly humiliated, and suffered severe, disabling, and permanent
mental, psychological, and emotional injuries, which required her
to seek medical treatment and to incur medical expenses, caused
her to refrain from her normal pursuits, and will in the future
cause her to seek medical treatment, incur future medical expenses,
and to refrain from her normal pursuits.
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WHEREFORE, Plaintiff IJEOMA UKENTA, demands judgment against
Defendants Victoria Secret, Taubman, and SHA, for:
A. General damages;
B. Compensatory damages;
C. Cost and interest;
D. Attorney’s fees;
E. Any other relief the Court deems just and equitable.
SECOND COUNT
1. Plaintiff repeats the allegations contained in all prior
paragraphs as though the same are set forth at length herein.
2. At all times hereinafter mentioned, Defendant Allied
provided security over the property owned, operated, and
controlled by Mall Defendants, and negligently failed to provide
security, adequate security, and proper training of its employees
and/or security personnel.
3. As a direct and proximate result of Allied’s negligent,
careless, and reckless conduct, Plaintiff IJEOMA UKENTA, was
publicly humiliated, and suffered severe, disabling, and permanent
mental, psychological, and emotional injuries, which required her
to seek medical treatment and to incur medical expenses, caused
her to refrain from her normal pursuits, and will in the future
cause her to seek medical treatment, incur future medical expenses,
and to refrain from her normal pursuits.
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WHEREFORE, Plaintiff IJEOMA UKENTA, demands judgment against
Defendant Allied, for:
A. General damages;
B. Compensatory damages;
C. Cost and interest;
D. Attorney’s fees;
E. Any other relief the Court deems just and equitable.
THIRD COUNT
1. Plaintiff repeats the allegations contained in all prior
paragraphs as though the same are set forth at length herein.
2. Defendant Elphick assaulted and battered Plaintiff
without cause or justification doing so negligently, carelessly,
and recklessly.
3. As a direct and proximate result of Defendant Elphick’s
negligent, careless, and reckless conduct, Plaintiff IJEOMA
UKENTA, was publicly humiliated, and suffered severe, disabling,
and permanent mental, psychological, and emotional injuries, which
required her to seek medical treatment and to incur medical
expenses, caused her to refrain from her normal pursuits, and will
in the future cause her to seek medical treatment, incur future
medical expenses, and to refrain from her normal pursuits.
WHEREFORE, Plaintiff IJEOMA UKENTA, demands judgment against
Defendant Abigail Elphick, for:
A. General damages;
B. Compensatory damages;
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C. Cost and interest;
D. Attorney’s fees;
E. Any other relief the Court deems just and equitable.
FOURTH COUNT
1. Plaintiff repeats the allegations contained in all prior
paragraphs as though the same are set forth at length herein.
2. At all times hereinafter mentioned, Defendants Jane/John
Does 1-10, and XYZ Entities/Corporations 1-10, representing one or
more fictitious persons or entities consisting of Directors,
Officers, Principals, Partners, Boards, Board Members or
Representatives or Agents, individually, jointly and severally,
had a supervisory capacity, and/or control over the property
identified as the Mall, and participated in, failed to intervene
or aid, and/or negligently failed to provide proper supervise and
training of their employees and security personnel.
3. At all times hereinafter mentioned, Defendants Jane/John
Does 1-10, and XYZ Corporation/Partnership 1-10, were acting as
agents, servants and/or employees of Mall Defendants and/or
Allied.
4. As a result of the negligence of Jane/John Does 1-10,
and XYZ Corporation/Partnership 1-10, Plaintiff IJEOMA UKENTA, was
publicly humiliated, and suffered severe, disabling, and permanent
mental, psychological, and emotional injuries, which required her
to seek medical treatment and to incur medical expenses, caused
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her to refrain from her normal pursuits, and will in the future
cause her to seek medical treatment, incur future medical expenses,
and to refrain from her normal pursuits.
WHEREFORE, Plaintiff IJEOMA UKENTA, demands judgment against
Defendants Jane/John Does 1-10, and XYZ Corporation/Partnership 1-
10, for:
A. General damages;
B. Compensatory damages;
C. Cost and interest;
D. Attorney’s fees;
E. Any other relief the Court deems just and equitable.
CERTIFICATION
PLEASE TAKE NOTICE pursuant to the provisions of R.4:5-1, the
undersigned attorney certifies that this matter is not the subject
of any other action pending in any court or arbitration proceeding
nor is any other action or arbitration proceeding contemplated,
and all known necessary parties have been joined in this action.
NOTICE PURSUANT TO RULES 1:5-1 (A) AND 4:17
PLEASE TAKE NOTICE take notice that the undersigned attorney,
counsel for the Plaintiff, hereby demands pursuant to Rules 1:5-1
(a) and 4:17 (c), that each party herein serving pleadings and
interrogatories and receiving answers thereto, serve copies of all
such pleadings and answered interrogatories received from any
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party, including any documents, papers and other materials
referred to therein, upon the undersigned attorney, and take notice
that this is a continuing demand.
DEMAND FOR ANSWERS TO INTERROGATORIES
PLEASE TAKE NOTICE pursuant to R.4:17-1 (b), Plaintiff hereby
demands that the Defendants provide answers to the uniform
interrogatories set forth in Form C and Form C (2) of Appendix II
of the Rules Governing the Courts of the State of New Jersey.
DEMAND FOR ANSWERS TO SUPPLEMENTAL INTERROGATORIES
PLEASE TAKE NOTICE pursuant to R.4:17, Plaintiff hereby
demands that Defendants provide answers to the supplemental
interrogatories attached hereto.
DEMAND TO ANSWER NOTICE TO PRODUCE
PLEASE TAKE NOTICE pursuant to R.4:18-1, Plaintiff hereby
requests that Defendants respond to the Notice to Produce attached
hereto within the time prescribed by the Court Rules.
REQUEST FOR DISCOVERY OF INSURANCE
PLEASE TAKE NOTICE pursuant to R.4:l0-2(b) demand is hereby
made that you respond to the Request for Discovery of Insurance
attached hereto.
DESIGNATION OF TRIAL COUNSEL
PLEASE TAKE NOTICE that attorney, TRACEY C. HINSON, ESQUIRE,
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is hereby designated as trial counsel in the above captioned
litigation for the firm of HINSON SNIPES, LLP.
JURY DEMAND
PLEASE TAKE NOTICE that the Plaintiff hereby demands a trial
by jury as to all issues so triable.
NOTICE PURSUANT TO RULES 1:7-1(b)
PLEASE TAKE NOTICE Plaintiff intends to utilize the time-unit
basis for calculating unliquidated damages in Plaintiff’s closing
statement to the jury and the Court.
HINSON SNIPES, LLP
By: /s/Tracey C. Hinson
Tracey C. Hinson, Esquire
Dated: July 6, 2023
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TransID:
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Civil Case Information Statement
Case Details: ESSEX | Civil Part Docket# L-004325-23
Case Caption: UKENTA IJEOMA VS VICTORIA SECRET Case Type: PERSONAL INJURY
STOR ES, LLC Document Type: Complaint with Jury Demand
Case Initiation Date: 07/06/2023 Jury Demand: YES - 6 JURORS
Attorney Name: TRACEY C HINSON Is this a professional malpractice case? NO
Firm Name: HINSON SNIPES, LLP Related cases pending: NO
Address: 116 VILLAGE BLVD STE 307 If yes, list docket numbers:
PRINCETON NJ 08540 Do you anticipate adding any parties (arising out of same
Phone: 6094527333 transaction or occurrence)? YES
Name of Party: PLAINTIFF : UKENTA, IJEOMA Does this case involve claims related to COVID-19? NO
Name of Defendant’s Primary Insurance Company
(if known): Unknown Are sexual abuse claims alleged by: IJEOMA UKENTA? NO
THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
Do parties have a current, past, or recurrent relationship? NO
If yes, is that relationship:
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:
Do you or your client need any disability accommodations? NO
If yes, please identify the requested accommodation:
Will an interpreter be needed? NO
If yes, for what language:
Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO
I certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
07/06/2023 /s/ TRACEY C HINSON
Dated Signed
Preview
ESX-L-004325-23 07/06/2023 11:48:23 PM Pg 1 of 13 Trans ID: LCV20232022372 HINSON SNIPES, LLP Princeton Forrestal Village 116 Village Boulevard, Suite 307 Princeton, New Jersey 08540 P: (609) 452-7333 & F: (609) 452-7332 Tracey C. Hinson, Esquire Attorney for Plaintiff IJEOMA UKENTA IJEOMA UKENTA, SUPERIOR COURT OF NEW JERSEY LAW DIVISION – ESSEX COUNTY Plaintiff, DOCKET NO.: ESX-L- vs. CIVIL ACTION VICTORIA SECRET STORES, LLC, SHORT HILLS ASSOCIATES, LLC., D/B/A THE MALL AT SHORT HILLS, THE TAUBMAN COMPANY, LLC, ALLIED COMPLAINT UNIVERSAL SECURITY SERVICES, AND JURY DEMAND ABIGAL ELPHICK, JANE/JOHN DOES 1- 10 (names being fictitious), and XYZ ENTITIES/CORPORATIONS 1-10 (names being fictitious), Defendants. Plaintiff IJEOMA UKENTA, residing in the County of Essex, and State of New Jersey, by way of Complaint, states: PARTIES 1. At all times relevant hereto, Plaintiff IJEOMA UKENTA, was a resident of the County of Essex, and State of New Jersey. 2. At all times relevant hereto, Defendant, The Taubman Company, LLC, (“Taubman”), with its principal place of business located 200 E. Long Lake Road, Suite 200, Bloomfield Hills, MI ESX-L-004325-23 07/06/2023 11:48:23 PM Pg 2 of 13 Trans ID: LCV20232022372 48304-2324, was the owner and/or operator of The Mall at Short Hills (the “Mall”), located at 1200 Morris Turnpike, in Short Hills, New Jersey. 3. At all times relevant hereto, upon information and belief, Defendant, Short Hills Associates, LLC., D/B/A Mall at Short Hills, (hereinafter “SHA”), with its principal place of business located at 1200 Morris Turnpike, Suite 2, in Short Hills, New Jersey, was the owner and/or operator of the Mall. 4. At all times relevant, Defendant, Victoria Secret Stores, LLC (“Victoria Secret”), was a corporation licensed to do business in the State of New Jersey, with its principal place of business at 3 Limited Parkway, Columbus, Ohio, and operating its store at the Mall. 5. At all times relevant hereto, upon information and belief, Defendant, Allied Universal Security Services (“Allied”), provides safety and security services at The Mall at Short Hills, including but not limited to operating and maintaining security of all areas of the mall. Allied maintains its principal place of business at Eight Tower Bridge, 161 Washington Street, Suite 600, Conshohocken, PA, and maintains a New Jersey Office at, among other places, The Mall at Short Hills, 1200 Morris Turnpike, Suite A- 001, Short Hills, New Jersey. 6. Defendants Victoria Secret, Taubman, and SHA, are referred to jointly as “Mall Defendants.” ESX-L-004325-23 07/06/2023 11:48:23 PM Pg 3 of 13 Trans ID: LCV20232022372 7. At all times relevant, Defendant Abigail J. Elphick (“Elphick”), resided at 58 Sunset Terrace, in Cedar Grove, New Jersey. 8. At all times relevant hereto, Defendants XYZ Entities/Corporations 1-10, representing one or more fictitious individuals or entities, consisting of Directors, Officers, Principals, Partners, Boards, Board Members or Representatives or Agents, individually, jointly, and severally, whose identities are currently unknown, were responsible, directly or by and through their principals, agents, servants, and/or employees, for the operations, security, safety, and inspections, and maintenance of the location where the incident described herein occurred. 9. At all times relevant, Defendants Jane/John Does 1-10, were principals, agents, servants and/or employees of Mall Defendants and XYZ Entities/Corporations 1-10. 10. As such, Mall Defendants and XYZ Entities/Corporations 1-10, are vicariously liable for any negligent acts, grossly negligent acts, and/or omissions on the part of Defendants Jane/John Does 1-10. BACKGROUND AND FACTS 11. On July 10, 2021, Plaintiff IJEOMA UKENTA, was a business invitee of Mall Defendants at The Mall, invited to The Mall for the business purposes of Mall Defendants. ESX-L-004325-23 07/06/2023 11:48:23 PM Pg 4 of 13 Trans ID: LCV20232022372 12. While shopping at Victoria Secret, Plaintiff was subjected to an unwarranted and unprovoked assault and battery by Defendant Elphick who was also a business invitee of Mall Defendants. 13. On at least three (3) occasions, Elphick chased Plaintiff around the Victoria Secret Store, lunged at her, attempted to strike her, and attempted to swipe her phone from her hand, forcing Plaintiff to attempt seek cover behind a store manager. 14. The incident began when, due to COVID restrictions, Plaintiff made a simple request that Elphick move six feet away, after leaning too close in proximity to Plaintiff; an interaction that lasted approximately five (5) seconds. 15. Elphick immediately walked up to the employees at the cash register and falsely claimed Plaintiff threatened her and demanded to have Plaintiff removed from the store. 16. Flabbergasted at the false accusations and at Elphick’s behavior, and being keenly aware that if the police were called, she, a Black woman, may not be believed and could be deemed the aggressor, Plaintiff began to record with her cell phone to protect herself. 16. The series of videotapes show Elphick charging toward Plaintiff, lunging at her, and attempting to knock her phone from her hand. ESX-L-004325-23 07/06/2023 11:48:23 PM Pg 5 of 13 Trans ID: LCV20232022372 17. The shock, panic, and confusion can be heard in Plaintiff’s voice as she exclaimed, “Oh God, Oh my God. Oh my God. Do you see this? Oh my God. I never thought nothing like this would happen to me. She tried to run and hit me.” 18. Video shows Elphick continuing to chase Plaintiff around the store as Plaintiff desperately tried to avoid her. 19. Recordings of the 911 calls placed by Elphick revealed she falsely reported Plaintiff was threatening her. 20. Plaintiff did not at any time threaten Elphick. Videos of the incident show that it was Elphick that threatened to call the police on Plaintiff, menaced, assaulted, battered, and chased Plaintiff around the store, placing Plaintiff in fear for her physical safety. 21. As this was happening, Victoria Secret employees did anything to assist or protect Plaintiff. Nor did they ask Elphick, who was clearly the aggressor, to leave the store before the incident escalated. Instead, they ignored what was happening, allowing Elphick to continue her assault on Plaintiff while they continued to service Victoria Secret’s customers. 22. Despite being summoned on multiple occasions, Mall Security failed to respond in a timely manner. When Mall Security finally responded, they treated Plaintiff in a disparate manner by treating her as the aggressor rather than a victim, further ESX-L-004325-23 07/06/2023 11:48:23 PM Pg 6 of 13 Trans ID: LCV20232022372 increasing the embarrassment, humiliation, fear, and general sense that she was not believed and would not be treated fairly. 22. Despite knowledge that Elphick had committed and assault and battery on Plaintiff, Mall security ignored Plaintiff’s request to remove Elphick from the premises and failed to offer her assistance or protection. 23. Neither Victoria Secret employees, nor mall security showed any concern for Plaintiff, her safety, or her wellbeing. They were extremely dismissive toward her and were indifferent and nonchalant about her concerns for her safety. 24. Although she was the victim, Plaintiff was humiliated further by mall security, her concerns were ignored, and she was the one asked to leave the mall. FIRST COUNT 1. Plaintiff repeats and reiterates the allegations in all prior paragraphs as though the same are set forth at length herein. 2. The Mall Defendants owed to Plaintiff, and to the invited public, a duty to exercise ordinary care to render The Mall reasonably safe for its business invitees, and to care for, protect, and safeguard its invitees, including Plaintiff, from harm, and breached that duty causing harm to Plaintiff. 3. The Mall Defendants had a duty to implement policies, and procedures to protect their business invitees from physical ESX-L-004325-23 07/06/2023 11:48:23 PM Pg 7 of 13 Trans ID: LCV20232022372 harm on their premises and breached their duty to provide adequate security, and adequate training to their employees to intervene, aid, or protect their customers from physical harm, despite prior knowledge that such physical harm were likely to occur, and breached that causing harm to Plaintiff. 4. The Mall Defendants were negligent and careless in failing to maintain safe and secure premises for all patrons and/or invitees which allowed the criminal acts against Plaintiff to be perpetrated on their premises. 5. The Mall Defendants knew or should have know that the failure to provide adequate security, training, and supervision to its employees, and its failure to implement policies and procedures to protect its business invitees from physical harm on their premises, created a foreseeable risk of harm to invitees like Plaintiff. 6. As a direct and proximate result of Mall Defendants, negligence and breach of duty, Plaintiff IJEOMA UKENTA, was publicly humiliated, and suffered severe, disabling, and permanent mental, psychological, and emotional injuries, which required her to seek medical treatment and to incur medical expenses, caused her to refrain from her normal pursuits, and will in the future cause her to seek medical treatment, incur future medical expenses, and to refrain from her normal pursuits. ESX-L-004325-23 07/06/2023 11:48:23 PM Pg 8 of 13 Trans ID: LCV20232022372 WHEREFORE, Plaintiff IJEOMA UKENTA, demands judgment against Defendants Victoria Secret, Taubman, and SHA, for: A. General damages; B. Compensatory damages; C. Cost and interest; D. Attorney’s fees; E. Any other relief the Court deems just and equitable. SECOND COUNT 1. Plaintiff repeats the allegations contained in all prior paragraphs as though the same are set forth at length herein. 2. At all times hereinafter mentioned, Defendant Allied provided security over the property owned, operated, and controlled by Mall Defendants, and negligently failed to provide security, adequate security, and proper training of its employees and/or security personnel. 3. As a direct and proximate result of Allied’s negligent, careless, and reckless conduct, Plaintiff IJEOMA UKENTA, was publicly humiliated, and suffered severe, disabling, and permanent mental, psychological, and emotional injuries, which required her to seek medical treatment and to incur medical expenses, caused her to refrain from her normal pursuits, and will in the future cause her to seek medical treatment, incur future medical expenses, and to refrain from her normal pursuits. ESX-L-004325-23 07/06/2023 11:48:23 PM Pg 9 of 13 Trans ID: LCV20232022372 WHEREFORE, Plaintiff IJEOMA UKENTA, demands judgment against Defendant Allied, for: A. General damages; B. Compensatory damages; C. Cost and interest; D. Attorney’s fees; E. Any other relief the Court deems just and equitable. THIRD COUNT 1. Plaintiff repeats the allegations contained in all prior paragraphs as though the same are set forth at length herein. 2. Defendant Elphick assaulted and battered Plaintiff without cause or justification doing so negligently, carelessly, and recklessly. 3. As a direct and proximate result of Defendant Elphick’s negligent, careless, and reckless conduct, Plaintiff IJEOMA UKENTA, was publicly humiliated, and suffered severe, disabling, and permanent mental, psychological, and emotional injuries, which required her to seek medical treatment and to incur medical expenses, caused her to refrain from her normal pursuits, and will in the future cause her to seek medical treatment, incur future medical expenses, and to refrain from her normal pursuits. WHEREFORE, Plaintiff IJEOMA UKENTA, demands judgment against Defendant Abigail Elphick, for: A. General damages; B. Compensatory damages; ESX-L-004325-23 07/06/2023 11:48:23 PM Pg 10 of 13 Trans ID: LCV20232022372 C. Cost and interest; D. Attorney’s fees; E. Any other relief the Court deems just and equitable. FOURTH COUNT 1. Plaintiff repeats the allegations contained in all prior paragraphs as though the same are set forth at length herein. 2. At all times hereinafter mentioned, Defendants Jane/John Does 1-10, and XYZ Entities/Corporations 1-10, representing one or more fictitious persons or entities consisting of Directors, Officers, Principals, Partners, Boards, Board Members or Representatives or Agents, individually, jointly and severally, had a supervisory capacity, and/or control over the property identified as the Mall, and participated in, failed to intervene or aid, and/or negligently failed to provide proper supervise and training of their employees and security personnel. 3. At all times hereinafter mentioned, Defendants Jane/John Does 1-10, and XYZ Corporation/Partnership 1-10, were acting as agents, servants and/or employees of Mall Defendants and/or Allied. 4. As a result of the negligence of Jane/John Does 1-10, and XYZ Corporation/Partnership 1-10, Plaintiff IJEOMA UKENTA, was publicly humiliated, and suffered severe, disabling, and permanent mental, psychological, and emotional injuries, which required her to seek medical treatment and to incur medical expenses, caused ESX-L-004325-23 07/06/2023 11:48:23 PM Pg 11 of 13 Trans ID: LCV20232022372 her to refrain from her normal pursuits, and will in the future cause her to seek medical treatment, incur future medical expenses, and to refrain from her normal pursuits. WHEREFORE, Plaintiff IJEOMA UKENTA, demands judgment against Defendants Jane/John Does 1-10, and XYZ Corporation/Partnership 1- 10, for: A. General damages; B. Compensatory damages; C. Cost and interest; D. Attorney’s fees; E. Any other relief the Court deems just and equitable. CERTIFICATION PLEASE TAKE NOTICE pursuant to the provisions of R.4:5-1, the undersigned attorney certifies that this matter is not the subject of any other action pending in any court or arbitration proceeding nor is any other action or arbitration proceeding contemplated, and all known necessary parties have been joined in this action. NOTICE PURSUANT TO RULES 1:5-1 (A) AND 4:17 PLEASE TAKE NOTICE take notice that the undersigned attorney, counsel for the Plaintiff, hereby demands pursuant to Rules 1:5-1 (a) and 4:17 (c), that each party herein serving pleadings and interrogatories and receiving answers thereto, serve copies of all such pleadings and answered interrogatories received from any ESX-L-004325-23 07/06/2023 11:48:23 PM Pg 12 of 13 Trans ID: LCV20232022372 party, including any documents, papers and other materials referred to therein, upon the undersigned attorney, and take notice that this is a continuing demand. DEMAND FOR ANSWERS TO INTERROGATORIES PLEASE TAKE NOTICE pursuant to R.4:17-1 (b), Plaintiff hereby demands that the Defendants provide answers to the uniform interrogatories set forth in Form C and Form C (2) of Appendix II of the Rules Governing the Courts of the State of New Jersey. DEMAND FOR ANSWERS TO SUPPLEMENTAL INTERROGATORIES PLEASE TAKE NOTICE pursuant to R.4:17, Plaintiff hereby demands that Defendants provide answers to the supplemental interrogatories attached hereto. DEMAND TO ANSWER NOTICE TO PRODUCE PLEASE TAKE NOTICE pursuant to R.4:18-1, Plaintiff hereby requests that Defendants respond to the Notice to Produce attached hereto within the time prescribed by the Court Rules. REQUEST FOR DISCOVERY OF INSURANCE PLEASE TAKE NOTICE pursuant to R.4:l0-2(b) demand is hereby made that you respond to the Request for Discovery of Insurance attached hereto. DESIGNATION OF TRIAL COUNSEL PLEASE TAKE NOTICE that attorney, TRACEY C. HINSON, ESQUIRE, ESX-L-004325-23 07/06/2023 11:48:23 PM Pg 13 of 13 Trans ID: LCV20232022372 is hereby designated as trial counsel in the above captioned litigation for the firm of HINSON SNIPES, LLP. JURY DEMAND PLEASE TAKE NOTICE that the Plaintiff hereby demands a trial by jury as to all issues so triable. NOTICE PURSUANT TO RULES 1:7-1(b) PLEASE TAKE NOTICE Plaintiff intends to utilize the time-unit basis for calculating unliquidated damages in Plaintiff’s closing statement to the jury and the Court. HINSON SNIPES, LLP By: /s/Tracey C. Hinson Tracey C. Hinson, Esquire Dated: July 6, 2023 ESX-L-004325-23 07/06/2023 ESX-L-004325-23 07/06/202311:48:23 11:48:23PM PM Pg 1 of 1 Trans TransID: ID:LCV20232022372 LCV20232022372 Civil Case Information Statement Case Details: ESSEX | Civil Part Docket# L-004325-23 Case Caption: UKENTA IJEOMA VS VICTORIA SECRET Case Type: PERSONAL INJURY STOR ES, LLC Document Type: Complaint with Jury Demand Case Initiation Date: 07/06/2023 Jury Demand: YES - 6 JURORS Attorney Name: TRACEY C HINSON Is this a professional malpractice case? NO Firm Name: HINSON SNIPES, LLP Related cases pending: NO Address: 116 VILLAGE BLVD STE 307 If yes, list docket numbers: PRINCETON NJ 08540 Do you anticipate adding any parties (arising out of same Phone: 6094527333 transaction or occurrence)? YES Name of Party: PLAINTIFF : UKENTA, IJEOMA Does this case involve claims related to COVID-19? NO Name of Defendant’s Primary Insurance Company (if known): Unknown Are sexual abuse claims alleged by: IJEOMA UKENTA? NO THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION Do parties have a current, past, or recurrent relationship? NO If yes, is that relationship: Does the statute governing this case provide for payment of fees by the losing party? NO Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition: Do you or your client need any disability accommodations? NO If yes, please identify the requested accommodation: Will an interpreter be needed? NO If yes, for what language: Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b) 07/06/2023 /s/ TRACEY C HINSON Dated Signed