Preview
FILED: RICHMOND COUNTY CLERK 03/08/2024 10:11 PM INDEX NO. 150498/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/08/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND Index No.:
----------------------------------------------------------------------X
WILLIAM BUTT, Date Purchased:
Plaintiff(s), SUMMONS WITH NOTICE
-against- Plaintiff designates Richmond
County as the place of trial.
AMAZON, INC., NURSE ASSIST, LLC, and MATTHEW G.
RIVARD, D.D.S., P.A. d/b/a SMILES BY DESIGN 816, The basis of venue is the County
in which the incident arose
Defendant(s).
----------------------------------------------------------------------X Plaintiff resides at
601 West Fingerboard Road
Staten Island, New York
TO THE ABOVE-NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve
a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance on the plaintiff's attorneys within twenty days after the service of this summons,
exclusive of the day of service, where service is made by delivery upon you personally within the
state, or, within 30 days after completion of service where service is made in any other manner.
In case of your failure to appear or answer, judgment will be taken against you by default for the
relief demanded herein.
Dated: New York, New York
March 8, 2024
Yours, etc.,
SUTTON & SMYTH, LLP
By:_______________________________________
Leigh H. Sutton, Esq.
Attorneys for Plaintiff
WILLIAM BUTT
30 Wall Street, 8th Floor
New York, New York 10005
lsutton@suttonandsmyth.com
To:
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FILED: RICHMOND COUNTY CLERK 03/08/2024 10:11 PM INDEX NO. 150498/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/08/2024
NURSE ASSIST, LLC
4409 Haltom Road
Haltom City, Texas 76117
MATTHEW G. RIVARD, D.D.S., P.A. d/b/a SMILES BY DESIGN 816
3357 Harvester Road
Kansas City, Kansas 66115
AMAZON, INC.
410 Terry Avenue North
Seattle, Washington 98109-5210
NOTICE
This is an action for strict liability, negligence, failure to warn, breach of express
warranties, breach of implied warranties, negligent manufacture, negligent design, negligent
infliction of emotional distress, and punitive damages as against the defendants, NURSE
ASSIST, LLC, MATTHEW G. RIVARD, D.D.S., P.A. d/b/a SMILES BY DESIGN 816, and
AMAZON, INC. The causes of action arise from the Plaintiff’s use in or about
August/September of 2023 of non-sterile 0.9% Sodium Chloride Sterile Saline 250ml that was
designed, manufactured, distributed and sold by Defendants.
WHEREFORE, Plaintiff demands judgment against the Defendants in the principal sum
of $50,000,000.00, together with punitive damages, interest, costs, and attorney’s fees.
2 of 2
Preview
FILED: RICHMOND COUNTY CLERK 03/08/2024 10:11 PM INDEX NO. 150498/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/08/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND Index No.: ----------------------------------------------------------------------X WILLIAM BUTT, Date Purchased: Plaintiff(s), SUMMONS WITH NOTICE -against- Plaintiff designates Richmond County as the place of trial. AMAZON, INC., NURSE ASSIST, LLC, and MATTHEW G. RIVARD, D.D.S., P.A. d/b/a SMILES BY DESIGN 816, The basis of venue is the County in which the incident arose Defendant(s). ----------------------------------------------------------------------X Plaintiff resides at 601 West Fingerboard Road Staten Island, New York TO THE ABOVE-NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the plaintiff's attorneys within twenty days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or, within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded herein. Dated: New York, New York March 8, 2024 Yours, etc., SUTTON & SMYTH, LLP By:_______________________________________ Leigh H. Sutton, Esq. Attorneys for Plaintiff WILLIAM BUTT 30 Wall Street, 8th Floor New York, New York 10005 lsutton@suttonandsmyth.com To: 1 of 2 FILED: RICHMOND COUNTY CLERK 03/08/2024 10:11 PM INDEX NO. 150498/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/08/2024 NURSE ASSIST, LLC 4409 Haltom Road Haltom City, Texas 76117 MATTHEW G. RIVARD, D.D.S., P.A. d/b/a SMILES BY DESIGN 816 3357 Harvester Road Kansas City, Kansas 66115 AMAZON, INC. 410 Terry Avenue North Seattle, Washington 98109-5210 NOTICE This is an action for strict liability, negligence, failure to warn, breach of express warranties, breach of implied warranties, negligent manufacture, negligent design, negligent infliction of emotional distress, and punitive damages as against the defendants, NURSE ASSIST, LLC, MATTHEW G. RIVARD, D.D.S., P.A. d/b/a SMILES BY DESIGN 816, and AMAZON, INC. The causes of action arise from the Plaintiff’s use in or about August/September of 2023 of non-sterile 0.9% Sodium Chloride Sterile Saline 250ml that was designed, manufactured, distributed and sold by Defendants. WHEREFORE, Plaintiff demands judgment against the Defendants in the principal sum of $50,000,000.00, together with punitive damages, interest, costs, and attorney’s fees. 2 of 2