IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND
SANDY JENKINS - Plaintiff v CONECTIV ENERGY- Defendant |
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COMPLAINT
Plaintiff, Sandy Jenkins, by and
through their undersigned attorneys, Ronald V. Miller, Jr., and
Miller & Zois, LLC, bring suit against Defendant Conectiv
Energy and states as follows:
1. Plaintiff is a resident of Mt.
Carmel, Pennsylvania..
2. Defendant Conectiv Energy carries
on regular and substantial business in Baltimore
City, Maryland.
3. On July 3, 2004 at 11:05 p.m.,
at 13601 Philadelphia SB Avenue in Ocean City, Maryland, Plaintiff
suffered serious and permanent injuries as the result of an explosion
that occurred on Defendant’s electrical pole (Conectiv pole
62496/95862 located on the bay side of 135th Street).
4. The explosion caused a cylinder
measuring two inches long and 3/8 inches wide to become imbedded
in Plaintiff’s right forearm.
COUNT I - Strict Liability-Defect in Design
Plaintiff re-alleges and incorporates
by reference the allegations contained in Paragraph 1 through
4 of this Complaint.
5. Defendant participated in sale
and maintenance of a product.
6. Defendant maintained, installed
and assembled the product which contained a defective condition
because the design was defective and unsafe.
7. This design defect made the product
unreasonably dangerous.
8. The system as assembled by Conectiv
remained unchanged and was in the same condition at the time of
the injury hereafter alleged.
9. As a direct and proximate cause
of Defendant’s installation and maintenance of the defectively
designed product, Plaintiff sustained permanent injury.
COUNT II - Negligent Design and/or Maintenance.
Plaintiff re-alleges and incorporates
by reference the allegations contained in Paragraph 1 through
9 of this Complaint.
10. Defendant built and/maintained
an electrical system that had a defective design or was defectively
maintained. Accordingly, defendant owed a duty to Plaintiff that
the system was designed and maintained in such a way that made
the system safe for its intended purpose.
11. Defendant knew or should have
known when building and maintaining this electrical system that
it was designed defectively or maintained, creating a unreasonable
risk of injury for to Plaintiff.
12. Plaintiff was negligent in failing
to properly design, manufacture, install, maintain, and communicate
the defect in the system to Plaintiff, creating a clear and immediate
risk of serious injury. As a direct and proximate result, Plaintiff
sustained serious injury.
COUNT III - Strict Liability-Abnormally Dangerous Activity
Plaintiff re-alleges and incorporates
by reference the allegations contained in Paragraph 1 through
12 of this Complaint.
13. Defendant’s conduct in
maintaining an electrical system in a public area constituted
an abnormally dangerous activity which exposed Plaintiff to an
unreasonable risk of harm.
14. At all relevant times, Defendant
had control over the abnormally dangerous activity of maintaining
the electrical system.
15. As set forth above, Plaintiff
sustained injury as a direct and proximate cause of this unreasonably
dangerous activity.
WHEREFORE, Plaintiff demands judgment
against Defendant in the amount of EIGHT
HUNDRED THOUSAND DOLLARS ($800,000.00), plus interest, costs and any other relief this court deems appropriate.
Respectfully submitted,
MILLER & ZOIS, LLC
Ronald
V. Miller, Jr.
Laura
G. Zois
Empire
Towers, Suite 615
7310
Ritchie Highway
Glen
Burnie, Maryland 21061
(410)553-6000
Counsel
for Plaintiffs
PLAINTIFF’S REQUEST FOR JURY TRIAL
Plaintiff pursuant to Maryland Rule 2-325, prays a trial by jury on all issues.
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