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FILED: KINGS COUNTY CLERK 05/21/2024 05:05 PM INDEX NO. 514213/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024
SUPREMECOURTOFTHE STATEOF NEWYORK
COUNTYOF KINGS
NARRAGANSETT BAYINSURANCECOMPANY
as Index No.
subrogee of STEPHENMANNEL,
Plaintiff(s),
-against-
PYLE PROAUDIO CORP.,PYLE PRO
MANUFACTURING LLC., PYLE MANUFACTURINGLLC.,
PYLE BUILDERSLLC., AMAZON,COM SERVICES,INC.,
ABCCORPORATIONS
1,10 and JOHNDOES1-10,
Date Index No. Purchased: Qah 02
Defendant(s).
----------------------------------------------
To the above named Defendant(s)
Pyle Pro Audio Corp Pyle Pro Manufacturing LLC Pyle Manufacturing LLC Pyge Builders LLC Amazon.com Services, Inc.
1600 63rd Street 1600 63rd Street 20 Industry Drive 1600 63rd Street 410 Terry Avenue North
Brooklyn, NY 11204 Brooklyn, NY11204 Mountainville, NY 10053 Brooklyn, NY11204 Seattle, WA
98199
You are hereby summonedto 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 attorney within 20 days after the service of
this summons, exclusive of the day of service (or within 30 days after the service is
complete if this summonsis not personally delivered to you within the State of New
York); and in case of your failure to appear or answer, judgment will be taken against
you by default for the relief demanded in the complaint.
The basis of venue is Kings count
which is oareyan a egà &6, süäide .
Dated: NaygNeing
ROSNER
NOCEHA RÂGON L .
b
o . re n arg
ttorneys for Plaintiff
Stephen Mannel
33 WHITEHALLSTREET,16THFL.
NEWYORK,NY10004
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SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFKINGS
---------------------------------------------------------------------------------X
BAYINSURANCECOMPANY
NARRAGANSETT as subrogee
of STEPHENMANNEL,
Index No.:
Plaintiffs,
-against- COMPLAINT
PYLEPROAUDIO CORP., PYLEPROMANUFACTURING LLC,
PYLEMANUFACTURING LLC, PYLEBUILDERSLLC,
AMAZON.COM SERVICES, INC, ABCCORPORATIONS
1-10 and JOHNDOES1-10,
Defendants.
----------------------------------------------------------------X
Plaintiff Narragansett Bay Insurance Company, as subrogee of Stephen Mannel, by and
through its attorneys, Rosner Nocera & Ragone, LLP, as and for its Complaint against defendants
Pyle Pro Audio Corp., Pyle Pro Manufacturing LLC, Pyle Manufacturing LLC, Pyle Builders
LLC, Amazon.com Services, Inc., ABC Corporations 1-10, and John Does 1-10, alleges upon
information and belief as follows:
FACTS, ALL CAUSESOFACTION
1. At all times hereinafter mentioned, plaintiff Narragansett Bay Insurance Company
(hereinafter "Narragansett") was and still is a foreign corporation, organized and existing under
and by virtue of the laws of the State of Rhode Island, and was duly authorized to transact the
business of insurance in the State of New York. Plaintiff maintains its offices for the transaction
of business at 25 Maple Street, Pawtucket, Rhode Island 02860.
2. At all times hereinafter mentioned, plaintiff's subrogor, Stephen Mannel
(hereinafter referred to as "Mannel") was and still is a resident of the state of NewJersey and the
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owner of the property and premises located at 3116 West Avenue, Ocean City, NewJersey 08226
(hereinafter the "Property").
3. At all times hereinafter mentioned defendant Pyle Pro Audio Corp. was and still is
63rd
a New York corporation, maintaining offices for the transaction of business at 1600 Street,
Brooklyn, NewYork 11204.
4. At all times hereinafter mentioned defendant Pyle Pro Manufacturing LLC was and
still is a New York limited liability company, maintaining offices for the transaction of business
63rd
at 1600 Street, Brooklyn, NewYork 11204.
5. At all times hereinafter mentioned defendant Pyle Manufacturing LLC was and still
is a New York limited liability company, maintaining offices for the transaction of business at 20
Industry Drive, Mountainville, NewYork 10953.
6. At all times hereinafter mentioned defendant Pyle Builders LLC was and still is a
New York limited liability company, maintaining offices for the transaction of business at 1600
63rd
Street, Brooklyn, NewYork 11204.
7. At all times relevant hereto, defendant Amazon.com Services, Inc. (hereinafter
referred to as "Amazon") was and still is a foreign corporation, maintaining offices for the
transaction of business at 410 Terry Avenue North, Seatle, Washington 98109.
8. At all times relevant hereto, defendants Pyle Pro Audio Corp., Pyle Pro
Manufacturing LLC, Pyle Manufacturing LLC, and Pyle Builders LLC, (Pyle Pro Audio Corp.,
Pyle Pro Manufacturing LLC, Pyle Manufacturing LLC, and Pyle Builders LLC are hereinafter
referred to collectively and individually as "Pyle") were engaged in the business of designing,
manufacturing, marketing, advertising, distributing, and selling cable/wire cover ramp tracks.
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9. At all times relevant hereto, defendant Amazon was engaged in the business of
marketing, advertising, distributing, and selling cable/wire cover ramp tracks and cord concealers.
10. At all times relevant hereto, Mannel owned, and or possessed a pair of Pyle
cable/wire cover ramp tracks, model no. PCBLCO102X2 (referred to herein as the "Cord
Concealer") which had been purchased from Amazon.
11. Onor about August 23, 2021, Sean Friel sustained personal injuries when he tripped
and fell over the Cord Concealer at the Property.
12. As a result of his injuries, Sean Friel sued Mannel for his injuries and the claim
against Mannel was settled for $200,000.00.
13. Pursuant to a policy of insurance then in force and effect, and prior to the
commencement of this action, plaintiff Narragansett paid Sean Friel for his injuries on behalf of
Mannel and thereby became subrogated, to the extent of its payment, to all of Mannel's rights,
remedies and causes of action as a result of the loss, including those claims asserted against the
defendants herein.
AS ANDFORA FIRST CAUSEOFACTION AGAINSTPYLE
14. Plaintiff repeats, reiterates, and realleges each and every allegation contained in
"1"
paragraphs through "13", inclusive, of the Complaint, with the same force and effect as if set
forth herein at length.
15. Pyle owed a duty of care to design, manufacture, assemble, distribute, market, sell,
service, repair and/or supply the Cord Concealer in a condition safe and free from manufacturing
defect for its intended and reasonably foreseeable use.
16. Pyle negligently, carelessly, and/or recklessly breached its duty of care in one or
more of the following ways:
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(a) designing, manufacturing, and assembling a defective Cord Concealer that
Pyle knew, or reasonably should have known, subjected pedestrians to an
unreasonable risk of harm;
(b) marketing, selling, distributing, and/or supplying a defective Cord
Concealer that Pyle knew or reasonably should have known
subjected pedestrians on the Property to an unreasonable
risk of harm;
(c) failing to design, manufacture, and or supply a Cord Concealer that was
safe and free from hazards for all reasonably foreseeable uses;
(d) selling and/or distributing a Cord Concealer that Pyle knew or reasonably
should have known, subjected the pedestrians on the Property to an
unreasonable risk personal injury;
(e) failing to provide adequate warnings and instruction regarding
the risk of slip and falls and resulting personal injuries;
(f) failing to comply with applicable local, state, and federal statutes,
codes, regulations and generally recognized safety practices and standards;
(g) failing to test and/or inspect the subject Cord Concealer to determine
whether the Cord Concealer could be safely used without posing a risk of
personal injuries;
(h) failing to meet the standard of care required by a reasonable manufacturer,
distributor, and/or designer in the manufacture, sale, and distribution
of the Cord Concealer;
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(i) failing to analyze prior incidents and injuries as well as predict future
incidents through the use of hazard/risk analysis;
(j) designing, manufacturing, assembling, and selling a Cord Concealer
that resulted in personal injuries; and
17. As a direct and proximate result of the negligent acts and/or omissions of Pyle,
plaintiff's subrogor sustained damages in an aggregate amount in excess of $200,000.00 plus
appropriate interest thereon from August 23, 2021.
18. Pursuant to a policy of insurance then in force and effect, and prior to the
commencementof this action, plaintiff Narragansett paid $200,000.00 to Sean Friel for his injuries
on behalf of Mannel and thereby became subrogated, to the extent of its payment, to all of
Mannel's rights, remedies and causes of action as a result of the loss, including those claims
asserted against the defendants herein.
19. As a result of the foregoing, Pyle is indebted to plaintiff in an amount exceeding
$200,000.00 plus appropriate interest thereon from May 10, 2023.
AS ANDFORA SECOND
CAUSEOFACTIONAGAINSTPYLE
20. Plaintiff repeats, reiterates and realleges each and every allegation contained in
"1"
paragraphs through "19", inclusive, of the Complaint with the same force and effect as if set
forth herein at length.
21. Pyle designed, manufactured, advertised, marketed, distributed, supplied sold,
repaired, or maintained and/or serviced the Cord Concealer in a defective condition.
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22. The personal injuries sustained by Sean Friel at the Property, was caused by and
resulted from the negligent, careless, reckless, and grossly negligent, acts and/or omissions of
Pykle which is strictly liable by reason of:
(a) designing, manufacturing, advertising, marketing, distributing,
selling and/or supplying a defective product which Pyle knew
or should have reasonably known would subject pedestrians at the
Property to an unreasonable risk of harm;
(b) designing, manufacturing, advertising, marketing, distributing,
selling and/or supplying a defective product which Pyle
knew or should have known would endanger pedestrians at the Property
owned by plaintiff's subrogor and exposing plaintiff's subrogor to
damages;
(c) failing to properly and adequately warn of the limitations of said
product;
(d) failing to provide adequate and sufficient warnings with respect to
the Cord Concealer which thereby rendered the Cord Concealer defective
and unreasonably dangerous;
(e) failing to distribute and/or supply a product that was safe for its
reasonably foreseeable use and intended purpose;
(f) selling and/or supplying a dangerously defective product that
posed a slip and fall hazard;
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(g) distributing, marketing, selling and/or supplying a product that
was not safe for its intended use;
(h) failing to provide adequate and sufficient instructions and warnings
with respect to the use of the Cord Concealer, including, but not limited
to, a warning that the Cord Concealer posed a danger to pedestrians;
(i) failing to supply and sell a Cord Concealer that was
reasonably fit, suitable, and safe for its intended purpose;
(j) failing to comply with all local, state and federal codes,
regulations, ordinances, standards, recommendations
and/or requirements;
(k) designing, manufacturing, and/or assembling a product that
was not safe for its intended use;
(1) designing and manufacturing a Cord Concealer which resulted in personal
injuries to a pedestrian at the Property exposing plaintiff's subrogor to
damages;
(m) failing to warn of the dangerous propensities of the Cord Concealer
when Pyle knew or should have known
that the absence of appropriate and sufficient warnings created
an unreasonable risk of harm;
(n) failing to manufacture, design, sell, distribute and/or market a
Cord Concealer which was safe for its intended use and purpose;
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(0) failing to adequately, properly, and sufficiently test and inspect
the Cord Concealer which tests and inspections
would have revealed the existence of the dangerous condition of the
Cord Concealer and/or propensity for exposing pedestrians to injury
resulting from slip and falls;
(p) failing to satisfy and employ proper, accepted, and/or recognized
standards for the design and manufacture of its products; and
(q) manufacturing, designing, selling and/or distributing a defective
Cord Concealer that defendant knew or reasonably should have known
subjected pedestrians at the Property to personal injuries and exposing
plaintiff's subrogor to damages.
23. As a direct and proximate result of the negligent acts and/or omissions of Pyle,
plaintiff's subrogor sustained damages in an aggregate amount in excess of $200,000.00 plus
appropriate interest thereon from May 10, 2023.
24. Pursuant to a policy of insurance then in force and effect, and prior to the
commencementof this action, plaintiff Narragansett paid $200,000.00 to Sean Friel for his injuries
on behalf of Mannel and thereby became subrogated, to the extent of its payment, to all of
Mannel's rights, remedies and causes of action as a result of the loss, including those claims
asserted against the defendants herein.
25. As a result of the foregoing, Pyle is indebted to plaintiff in an amount exceeding
$200,000.00 plus appropriate interest thereon from May 10, 2023.
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AS ANDFORA THIRD CAUSEOFACTION AGAINSTAMAZON
26. Plaintiff repeats, reiterates and realleges each and every allegation contained in
"1" through of the Complaint,
paragraphs "25", inclusive, with the same force and effect as if set
forth herein at length.
27. Amazon owed a duty of care to distribute, market, sell, and/or supply the Cord
Concealer in a condition safe and free from manufacturing defect for its intended and reasonably
foreseeable use.
28. Amazonnegligently, carelessly, and/or recklessly breached its duty of care in one
or more of the following ways:
(a) marketing, selling, distributing, and/or supplying a defective Cord
Concealer that Amazonknew or reasonably should have known subjected
pedestrian at the Property to an unreasonable risk of harm;
(b) failing to supply a Cord Concealer that was safe and free from hazards
for all reasonably foreseeable uses;
(c) selling and/or distributing a Cord Concealer that Amazonknew or
reasonably should have known, subjected the pedestrians at the Property
to an unreasonable risk of personal injury;
(d) failing to provide adequate warnings and instruction regarding the risk
of slip and falls and resulting injury as a result of the use of the Cord
Concealer;
(e) failing to comply with applicable local, state, and federal statutes, codes,
regulations and generally recognized safety practices and standards;
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(f) failing to test and/or inspect the subject Cord Concealer to determine
whether the Cord Concealer could be safely used without posing a risk of
personal injury;
(g) failing to meet the standard of care required by a reasonable distributor,
in the sale, and distribution of the subject Cord Concealer;
(h) failing to analyze prior incidents and injuries as well as predict future
incidents through the use of hazard/risk analysis; and
(i) selling and or distributing a Cord Concealer that resulted in personal
injuries and damageto plaintiff's insured.
29. As a direct and proximate result of the negligent acts and/or omissions of Amazon,
plaintiff's subrogor was exposed to damages in an amount in excess of $200,000.00.
30. Pursuant to a policy of insurance then in force and effect, and prior to the
commencementof this action, plaintiff Narragansett paid $200,000.00 to Sean Friel for his injuries
on behalf of Mannel and thereby became subrogated, to the extent of its payment, to all of
Mannel's rights, remedies and causes of action as a result of the loss, including those claims
asserted against the defendants herein.
31. As a result of the foregoing, Amazonis indebted to plaintiff in an amount exceeding
$200,000.00 plus appropriate interest thereon from May 10, 2023.
AS ANDFORA FOURTH
CAUSEOFACTION AGAINSTAMAZON
32. Plaintiff repeats, reiterates and realleges each and every allegation contained in
"1"
paragraphs through "31", inclusive, of the Complaint with the same force and effect as if set
forth herein at length.
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33. Amazon warehoused, advertised, marketed, distributed, supplied, and/or sold the
Cord Concealer in a defective condition.
34. The personal injuries sustained by Sean Friel for the injuries he sustained at the
Property and the subsequent exposure to plaintiff's subrogor, was caused by and resulted from the
negligent, careless, reckless, and grossly negligent, acts and/or omissions of Amazon which is
strictly liable by reason of:
(a) advertising, marketing, distributing, selling and/or supplying a defective
product which Amazonknew or should have reasonably known would
subject plaintiff's subrogor to an unreasonable risk of harm;
(b) advertising, marketing, distributing, selling and/or supplying a defective
product which Amazonknew or should have known would endanger the
plaintiff's subrogor and pedestrians at the Property;
(c) failing to properly and adequately warn of the limitations of said product;
(d) failing to provide adequate and sufficient warnings with respect to the
Cord Concealer which thereby rendered the Cord Concealer defective and
unreasonably dangerous;
(e) failing to distribute and/or supply a product that was safe for its
reasonably foreseeable use and intended purpose;
(f) selling and/or supplying a dangerously defective product that posed
a personal injury hazard;
(g) distributing, marketing, selling and/or supplying a product that
was not safe for its intended use;
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(h) failing to provide adequate and sufficient instructions and warnings
with respect to the use of the Cord Concealer including, but not limited
to, a warning that the Cord Concealer would expose a personal injury
danger to pedestrians;
(i) failing to supply and sell a Cord Concealer that was reasonably fit,
suitable, and safe for its intended purpose;
(j) failing to comply with all local, state and federal codes, regulations,
ordinances, standards, recommendations and/or requirements;
(k) designing, manufacturing, and/or assembling a product that was
not safe for its intended use;
(1) designing and manufacturing a Cord Concealer which resulted in personal
injuries at the Property;
(m) failing to warn of the dangerous propensities of the Cord Concealer when
Amazonknew or should have known that the absence of appropriate and
sufficient warnings created an unreasonable risk of harm;
(n) failing to sell, distribute and/or market a Cord Concealer which was safe
for its intended use and purpose;
(o) failing to adequately, properly, and sufficiently test and inspect the
Cord Concealer which tests and inspections would have revealed the
existence of the dangerous condition of the Cord Concealer and/or
danger to pedestrians;
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(p) failing to satisfy and employ proper, accepted, and/or recognized
standards for the design and manufacture of its products; and
(q) selling and/or distributing a defective Cord Concealer that defendant
knew or reasonably should have known subjected pedestrians at the
Property to an unreasonable risk of harm.
35. As a direct and proximate result of the negligent acts and/or omissions of Amazon,
plaintiff's subrogor was exposed to damages in an amount in excess of $200,000.00.
36. Pursuant to a policy of insurance then in force and effect, and prior to the
commencementof this action, plaintiff Narragansett paid $200,000.00 to Sean Friel for his injuries
on behalf of Mannel and thereby became subrogated, to the extent of its payment, to all of
Mannel's rights, remedies and causes of action as a result of the loss, including those claims
asserted against the defendants herein.
37. As a result of the foregoing, Amazonis indebted to plaintiff in an amount exceeding
$200,000.00 plus appropriate interest thereon from May 10, 2023.
AS ANDFORA FOURTH
CAUSEOFACTION
1-10 ANDJOHNDOES1-10
ABCCORPORATIONS
38. Plaintiff repeats, reiterates and realleges each and every allegation contained in
"1"
paragraphs through "37", inclusive, of the Complaint with the same force and effect as if set
forth herein at length.
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39. Defendants ABCCorporations 1-10 and John Does 1-10 manufactured, designed,
distributed, sold, serviced, repaired, installed, and or otherwise maintained the Cord Concealer at
the Property.
40.
Preview
FILED: KINGS COUNTY CLERK 05/21/2024 05:05 PM INDEX NO. 514213/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 SUPREMECOURTOFTHE STATEOF NEWYORK COUNTYOF KINGS NARRAGANSETT BAYINSURANCECOMPANY as Index No. subrogee of STEPHENMANNEL, Plaintiff(s), -against- PYLE PROAUDIO CORP.,PYLE PRO MANUFACTURING LLC., PYLE MANUFACTURINGLLC., PYLE BUILDERSLLC., AMAZON,COM SERVICES,INC., ABCCORPORATIONS 1,10 and JOHNDOES1-10, Date Index No. Purchased: Qah 02 Defendant(s). ---------------------------------------------- To the above named Defendant(s) Pyle Pro Audio Corp Pyle Pro Manufacturing LLC Pyle Manufacturing LLC Pyge Builders LLC Amazon.com Services, Inc. 1600 63rd Street 1600 63rd Street 20 Industry Drive 1600 63rd Street 410 Terry Avenue North Brooklyn, NY 11204 Brooklyn, NY11204 Mountainville, NY 10053 Brooklyn, NY11204 Seattle, WA 98199 You are hereby summonedto 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 attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summonsis not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. The basis of venue is Kings count which is oareyan a egà &6, süäide . Dated: NaygNeing ROSNER NOCEHA RÂGON L . b o . re n arg ttorneys for Plaintiff Stephen Mannel 33 WHITEHALLSTREET,16THFL. NEWYORK,NY10004 1 of 16 FILED: KINGS COUNTY CLERK 05/21/2024 05:05 PM INDEX NO. 514213/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFKINGS ---------------------------------------------------------------------------------X BAYINSURANCECOMPANY NARRAGANSETT as subrogee of STEPHENMANNEL, Index No.: Plaintiffs, -against- COMPLAINT PYLEPROAUDIO CORP., PYLEPROMANUFACTURING LLC, PYLEMANUFACTURING LLC, PYLEBUILDERSLLC, AMAZON.COM SERVICES, INC, ABCCORPORATIONS 1-10 and JOHNDOES1-10, Defendants. ----------------------------------------------------------------X Plaintiff Narragansett Bay Insurance Company, as subrogee of Stephen Mannel, by and through its attorneys, Rosner Nocera & Ragone, LLP, as and for its Complaint against defendants Pyle Pro Audio Corp., Pyle Pro Manufacturing LLC, Pyle Manufacturing LLC, Pyle Builders LLC, Amazon.com Services, Inc., ABC Corporations 1-10, and John Does 1-10, alleges upon information and belief as follows: FACTS, ALL CAUSESOFACTION 1. At all times hereinafter mentioned, plaintiff Narragansett Bay Insurance Company (hereinafter "Narragansett") was and still is a foreign corporation, organized and existing under and by virtue of the laws of the State of Rhode Island, and was duly authorized to transact the business of insurance in the State of New York. Plaintiff maintains its offices for the transaction of business at 25 Maple Street, Pawtucket, Rhode Island 02860. 2. At all times hereinafter mentioned, plaintiff's subrogor, Stephen Mannel (hereinafter referred to as "Mannel") was and still is a resident of the state of NewJersey and the 2 of 16 FILED: KINGS COUNTY CLERK 05/21/2024 05:05 PM INDEX NO. 514213/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 owner of the property and premises located at 3116 West Avenue, Ocean City, NewJersey 08226 (hereinafter the "Property"). 3. At all times hereinafter mentioned defendant Pyle Pro Audio Corp. was and still is 63rd a New York corporation, maintaining offices for the transaction of business at 1600 Street, Brooklyn, NewYork 11204. 4. At all times hereinafter mentioned defendant Pyle Pro Manufacturing LLC was and still is a New York limited liability company, maintaining offices for the transaction of business 63rd at 1600 Street, Brooklyn, NewYork 11204. 5. At all times hereinafter mentioned defendant Pyle Manufacturing LLC was and still is a New York limited liability company, maintaining offices for the transaction of business at 20 Industry Drive, Mountainville, NewYork 10953. 6. At all times hereinafter mentioned defendant Pyle Builders LLC was and still is a New York limited liability company, maintaining offices for the transaction of business at 1600 63rd Street, Brooklyn, NewYork 11204. 7. At all times relevant hereto, defendant Amazon.com Services, Inc. (hereinafter referred to as "Amazon") was and still is a foreign corporation, maintaining offices for the transaction of business at 410 Terry Avenue North, Seatle, Washington 98109. 8. At all times relevant hereto, defendants Pyle Pro Audio Corp., Pyle Pro Manufacturing LLC, Pyle Manufacturing LLC, and Pyle Builders LLC, (Pyle Pro Audio Corp., Pyle Pro Manufacturing LLC, Pyle Manufacturing LLC, and Pyle Builders LLC are hereinafter referred to collectively and individually as "Pyle") were engaged in the business of designing, manufacturing, marketing, advertising, distributing, and selling cable/wire cover ramp tracks. 2 3 of 16 FILED: KINGS COUNTY CLERK 05/21/2024 05:05 PM INDEX NO. 514213/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 9. At all times relevant hereto, defendant Amazon was engaged in the business of marketing, advertising, distributing, and selling cable/wire cover ramp tracks and cord concealers. 10. At all times relevant hereto, Mannel owned, and or possessed a pair of Pyle cable/wire cover ramp tracks, model no. PCBLCO102X2 (referred to herein as the "Cord Concealer") which had been purchased from Amazon. 11. Onor about August 23, 2021, Sean Friel sustained personal injuries when he tripped and fell over the Cord Concealer at the Property. 12. As a result of his injuries, Sean Friel sued Mannel for his injuries and the claim against Mannel was settled for $200,000.00. 13. Pursuant to a policy of insurance then in force and effect, and prior to the commencement of this action, plaintiff Narragansett paid Sean Friel for his injuries on behalf of Mannel and thereby became subrogated, to the extent of its payment, to all of Mannel's rights, remedies and causes of action as a result of the loss, including those claims asserted against the defendants herein. AS ANDFORA FIRST CAUSEOFACTION AGAINSTPYLE 14. Plaintiff repeats, reiterates, and realleges each and every allegation contained in "1" paragraphs through "13", inclusive, of the Complaint, with the same force and effect as if set forth herein at length. 15. Pyle owed a duty of care to design, manufacture, assemble, distribute, market, sell, service, repair and/or supply the Cord Concealer in a condition safe and free from manufacturing defect for its intended and reasonably foreseeable use. 16. Pyle negligently, carelessly, and/or recklessly breached its duty of care in one or more of the following ways: 3 4 of 16 FILED: KINGS COUNTY CLERK 05/21/2024 05:05 PM INDEX NO. 514213/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 (a) designing, manufacturing, and assembling a defective Cord Concealer that Pyle knew, or reasonably should have known, subjected pedestrians to an unreasonable risk of harm; (b) marketing, selling, distributing, and/or supplying a defective Cord Concealer that Pyle knew or reasonably should have known subjected pedestrians on the Property to an unreasonable risk of harm; (c) failing to design, manufacture, and or supply a Cord Concealer that was safe and free from hazards for all reasonably foreseeable uses; (d) selling and/or distributing a Cord Concealer that Pyle knew or reasonably should have known, subjected the pedestrians on the Property to an unreasonable risk personal injury; (e) failing to provide adequate warnings and instruction regarding the risk of slip and falls and resulting personal injuries; (f) failing to comply with applicable local, state, and federal statutes, codes, regulations and generally recognized safety practices and standards; (g) failing to test and/or inspect the subject Cord Concealer to determine whether the Cord Concealer could be safely used without posing a risk of personal injuries; (h) failing to meet the standard of care required by a reasonable manufacturer, distributor, and/or designer in the manufacture, sale, and distribution of the Cord Concealer; 4 5 of 16 FILED: KINGS COUNTY CLERK 05/21/2024 05:05 PM INDEX NO. 514213/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 (i) failing to analyze prior incidents and injuries as well as predict future incidents through the use of hazard/risk analysis; (j) designing, manufacturing, assembling, and selling a Cord Concealer that resulted in personal injuries; and 17. As a direct and proximate result of the negligent acts and/or omissions of Pyle, plaintiff's subrogor sustained damages in an aggregate amount in excess of $200,000.00 plus appropriate interest thereon from August 23, 2021. 18. Pursuant to a policy of insurance then in force and effect, and prior to the commencementof this action, plaintiff Narragansett paid $200,000.00 to Sean Friel for his injuries on behalf of Mannel and thereby became subrogated, to the extent of its payment, to all of Mannel's rights, remedies and causes of action as a result of the loss, including those claims asserted against the defendants herein. 19. As a result of the foregoing, Pyle is indebted to plaintiff in an amount exceeding $200,000.00 plus appropriate interest thereon from May 10, 2023. AS ANDFORA SECOND CAUSEOFACTIONAGAINSTPYLE 20. Plaintiff repeats, reiterates and realleges each and every allegation contained in "1" paragraphs through "19", inclusive, of the Complaint with the same force and effect as if set forth herein at length. 21. Pyle designed, manufactured, advertised, marketed, distributed, supplied sold, repaired, or maintained and/or serviced the Cord Concealer in a defective condition. 5 6 of 16 FILED: KINGS COUNTY CLERK 05/21/2024 05:05 PM INDEX NO. 514213/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 22. The personal injuries sustained by Sean Friel at the Property, was caused by and resulted from the negligent, careless, reckless, and grossly negligent, acts and/or omissions of Pykle which is strictly liable by reason of: (a) designing, manufacturing, advertising, marketing, distributing, selling and/or supplying a defective product which Pyle knew or should have reasonably known would subject pedestrians at the Property to an unreasonable risk of harm; (b) designing, manufacturing, advertising, marketing, distributing, selling and/or supplying a defective product which Pyle knew or should have known would endanger pedestrians at the Property owned by plaintiff's subrogor and exposing plaintiff's subrogor to damages; (c) failing to properly and adequately warn of the limitations of said product; (d) failing to provide adequate and sufficient warnings with respect to the Cord Concealer which thereby rendered the Cord Concealer defective and unreasonably dangerous; (e) failing to distribute and/or supply a product that was safe for its reasonably foreseeable use and intended purpose; (f) selling and/or supplying a dangerously defective product that posed a slip and fall hazard; 6 7 of 16 FILED: KINGS COUNTY CLERK 05/21/2024 05:05 PM INDEX NO. 514213/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 (g) distributing, marketing, selling and/or supplying a product that was not safe for its intended use; (h) failing to provide adequate and sufficient instructions and warnings with respect to the use of the Cord Concealer, including, but not limited to, a warning that the Cord Concealer posed a danger to pedestrians; (i) failing to supply and sell a Cord Concealer that was reasonably fit, suitable, and safe for its intended purpose; (j) failing to comply with all local, state and federal codes, regulations, ordinances, standards, recommendations and/or requirements; (k) designing, manufacturing, and/or assembling a product that was not safe for its intended use; (1) designing and manufacturing a Cord Concealer which resulted in personal injuries to a pedestrian at the Property exposing plaintiff's subrogor to damages; (m) failing to warn of the dangerous propensities of the Cord Concealer when Pyle knew or should have known that the absence of appropriate and sufficient warnings created an unreasonable risk of harm; (n) failing to manufacture, design, sell, distribute and/or market a Cord Concealer which was safe for its intended use and purpose; 7 8 of 16 FILED: KINGS COUNTY CLERK 05/21/2024 05:05 PM INDEX NO. 514213/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 (0) failing to adequately, properly, and sufficiently test and inspect the Cord Concealer which tests and inspections would have revealed the existence of the dangerous condition of the Cord Concealer and/or propensity for exposing pedestrians to injury resulting from slip and falls; (p) failing to satisfy and employ proper, accepted, and/or recognized standards for the design and manufacture of its products; and (q) manufacturing, designing, selling and/or distributing a defective Cord Concealer that defendant knew or reasonably should have known subjected pedestrians at the Property to personal injuries and exposing plaintiff's subrogor to damages. 23. As a direct and proximate result of the negligent acts and/or omissions of Pyle, plaintiff's subrogor sustained damages in an aggregate amount in excess of $200,000.00 plus appropriate interest thereon from May 10, 2023. 24. Pursuant to a policy of insurance then in force and effect, and prior to the commencementof this action, plaintiff Narragansett paid $200,000.00 to Sean Friel for his injuries on behalf of Mannel and thereby became subrogated, to the extent of its payment, to all of Mannel's rights, remedies and causes of action as a result of the loss, including those claims asserted against the defendants herein. 25. As a result of the foregoing, Pyle is indebted to plaintiff in an amount exceeding $200,000.00 plus appropriate interest thereon from May 10, 2023. 8 9 of 16 FILED: KINGS COUNTY CLERK 05/21/2024 05:05 PM INDEX NO. 514213/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 AS ANDFORA THIRD CAUSEOFACTION AGAINSTAMAZON 26. Plaintiff repeats, reiterates and realleges each and every allegation contained in "1" through of the Complaint, paragraphs "25", inclusive, with the same force and effect as if set forth herein at length. 27. Amazon owed a duty of care to distribute, market, sell, and/or supply the Cord Concealer in a condition safe and free from manufacturing defect for its intended and reasonably foreseeable use. 28. Amazonnegligently, carelessly, and/or recklessly breached its duty of care in one or more of the following ways: (a) marketing, selling, distributing, and/or supplying a defective Cord Concealer that Amazonknew or reasonably should have known subjected pedestrian at the Property to an unreasonable risk of harm; (b) failing to supply a Cord Concealer that was safe and free from hazards for all reasonably foreseeable uses; (c) selling and/or distributing a Cord Concealer that Amazonknew or reasonably should have known, subjected the pedestrians at the Property to an unreasonable risk of personal injury; (d) failing to provide adequate warnings and instruction regarding the risk of slip and falls and resulting injury as a result of the use of the Cord Concealer; (e) failing to comply with applicable local, state, and federal statutes, codes, regulations and generally recognized safety practices and standards; 9 10 of 16 FILED: KINGS COUNTY CLERK 05/21/2024 05:05 PM INDEX NO. 514213/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 (f) failing to test and/or inspect the subject Cord Concealer to determine whether the Cord Concealer could be safely used without posing a risk of personal injury; (g) failing to meet the standard of care required by a reasonable distributor, in the sale, and distribution of the subject Cord Concealer; (h) failing to analyze prior incidents and injuries as well as predict future incidents through the use of hazard/risk analysis; and (i) selling and or distributing a Cord Concealer that resulted in personal injuries and damageto plaintiff's insured. 29. As a direct and proximate result of the negligent acts and/or omissions of Amazon, plaintiff's subrogor was exposed to damages in an amount in excess of $200,000.00. 30. Pursuant to a policy of insurance then in force and effect, and prior to the commencementof this action, plaintiff Narragansett paid $200,000.00 to Sean Friel for his injuries on behalf of Mannel and thereby became subrogated, to the extent of its payment, to all of Mannel's rights, remedies and causes of action as a result of the loss, including those claims asserted against the defendants herein. 31. As a result of the foregoing, Amazonis indebted to plaintiff in an amount exceeding $200,000.00 plus appropriate interest thereon from May 10, 2023. AS ANDFORA FOURTH CAUSEOFACTION AGAINSTAMAZON 32. Plaintiff repeats, reiterates and realleges each and every allegation contained in "1" paragraphs through "31", inclusive, of the Complaint with the same force and effect as if set forth herein at length. 10 11 of 16 FILED: KINGS COUNTY CLERK 05/21/2024 05:05 PM INDEX NO. 514213/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 33. Amazon warehoused, advertised, marketed, distributed, supplied, and/or sold the Cord Concealer in a defective condition. 34. The personal injuries sustained by Sean Friel for the injuries he sustained at the Property and the subsequent exposure to plaintiff's subrogor, was caused by and resulted from the negligent, careless, reckless, and grossly negligent, acts and/or omissions of Amazon which is strictly liable by reason of: (a) advertising, marketing, distributing, selling and/or supplying a defective product which Amazonknew or should have reasonably known would subject plaintiff's subrogor to an unreasonable risk of harm; (b) advertising, marketing, distributing, selling and/or supplying a defective product which Amazonknew or should have known would endanger the plaintiff's subrogor and pedestrians at the Property; (c) failing to properly and adequately warn of the limitations of said product; (d) failing to provide adequate and sufficient warnings with respect to the Cord Concealer which thereby rendered the Cord Concealer defective and unreasonably dangerous; (e) failing to distribute and/or supply a product that was safe for its reasonably foreseeable use and intended purpose; (f) selling and/or supplying a dangerously defective product that posed a personal injury hazard; (g) distributing, marketing, selling and/or supplying a product that was not safe for its intended use; 11 12 of 16 FILED: KINGS COUNTY CLERK 05/21/2024 05:05 PM INDEX NO. 514213/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 (h) failing to provide adequate and sufficient instructions and warnings with respect to the use of the Cord Concealer including, but not limited to, a warning that the Cord Concealer would expose a personal injury danger to pedestrians; (i) failing to supply and sell a Cord Concealer that was reasonably fit, suitable, and safe for its intended purpose; (j) failing to comply with all local, state and federal codes, regulations, ordinances, standards, recommendations and/or requirements; (k) designing, manufacturing, and/or assembling a product that was not safe for its intended use; (1) designing and manufacturing a Cord Concealer which resulted in personal injuries at the Property; (m) failing to warn of the dangerous propensities of the Cord Concealer when Amazonknew or should have known that the absence of appropriate and sufficient warnings created an unreasonable risk of harm; (n) failing to sell, distribute and/or market a Cord Concealer which was safe for its intended use and purpose; (o) failing to adequately, properly, and sufficiently test and inspect the Cord Concealer which tests and inspections would have revealed the existence of the dangerous condition of the Cord Concealer and/or danger to pedestrians; 12 13 of 16 FILED: KINGS COUNTY CLERK 05/21/2024 05:05 PM INDEX NO. 514213/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 (p) failing to satisfy and employ proper, accepted, and/or recognized standards for the design and manufacture of its products; and (q) selling and/or distributing a defective Cord Concealer that defendant knew or reasonably should have known subjected pedestrians at the Property to an unreasonable risk of harm. 35. As a direct and proximate result of the negligent acts and/or omissions of Amazon, plaintiff's subrogor was exposed to damages in an amount in excess of $200,000.00. 36. Pursuant to a policy of insurance then in force and effect, and prior to the commencementof this action, plaintiff Narragansett paid $200,000.00 to Sean Friel for his injuries on behalf of Mannel and thereby became subrogated, to the extent of its payment, to all of Mannel's rights, remedies and causes of action as a result of the loss, including those claims asserted against the defendants herein. 37. As a result of the foregoing, Amazonis indebted to plaintiff in an amount exceeding $200,000.00 plus appropriate interest thereon from May 10, 2023. AS ANDFORA FOURTH CAUSEOFACTION 1-10 ANDJOHNDOES1-10 ABCCORPORATIONS 38. Plaintiff repeats, reiterates and realleges each and every allegation contained in "1" paragraphs through "37", inclusive, of the Complaint with the same force and effect as if set forth herein at length. 13 14 of 16 FILED: KINGS COUNTY CLERK 05/21/2024 05:05 PM INDEX NO. 514213/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 39. Defendants ABCCorporations 1-10 and John Does 1-10 manufactured, designed, distributed, sold, serviced, repaired, installed, and or otherwise maintained the Cord Concealer at the Property. 40.