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COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT SUFFOLK, ss. SUPERIOR COURT CIVILACTIONNO. = 45-4807 D ALAN DERSHOWITZ, a Plaintiff, oa v. : G@ Delaware North Companies, Inc. and Delaware * (% North Companies, Ine.-Boston, db/a TD x GS E Banknorth Garden . SS 2 Defendants, : eS 3 e@ PLAINTIFFS’ commas) AND DEMAND FOR. eS) 2, PAR’ % ares 1, Plaintiff Alan Dershowitz x or “Dershowitz”) is an individual and was, pt at all times relevant to this matter prior ‘mber 2014, a resident of Cambridge, Middlesex County, Massachusetts where he ee Harvard Law School. Professor Dershowitz is now a legal resident of Miami Beac(D} County, Florida. 2. Defeni aware North Companies, Inc. is a Delaware corporation with a principal place offs s at 40 Fountain Plaza, Buffalo, New York, 14202-2200. 3. @ feta Delaware North Companies, Inc. -Boston (hereinafter sometimes. referred to as “DNC-Boston”) is a Massachusetts corporation with its principal place of business at 100 Legends Way, Boston, Suffolk County, Massachusetts 02114. 4. Defendants DNC-Boston and Delaware North Companies, Inc. engage in commercial activity in Boston, Suffolk County, acting individually or together, under the title of — or doing business as ~ “TD Banknorth Garden,” a well known 15,000 seat arena for the performance of various professional sport, entertainment, musical, and public gathering purposes. FACTS COMMON TO ALL COUNTS 3S. On June 1, 2012, DNC -Boston was the owner and operator of the TD Garden located at 100 Legends Way, Boston, Massachusetts 02114. DNC-Boston was and is a wholly @ P 6, Atal times relevant, the defendants used the TD oun Cnt owned subsidiary of Delaware North Companies, Inc. sporting and musical venue, home to approximately 200 public at so and hosting, in the aggregate, well over 35 million people each year. ( Z) A On June 1, 2012, Alan Dershowitz att z ection 12, Row 5. 7 2) ae NF a time-out Professor Dershowitz exited his ie play-off game ofthe Boston Celties at the TD Garden. Professor Dershowitz was 8. During the fourth (4") qu: seat, walked up the stairs to the nan yurse level and turned left and entered the men’s bathroom nearest his seats to — ‘coming up the stairs. Ww 9. The bat lor at the time was made up of tiles. These tiles were in fact wet and covered in a pu ‘water that had, Plaintiff believes, accumulated over the period of one hour or longey--Despite this visible accumulation of water on these tiles creating a slippery and evo razardodcoition of which the defendants were, or should have been aware, no “wet floor” signs were present nor was there any cone or other warning device blocking access to, or advising attendees of, the wet and hazardous floor. No TD Garden employee dried the wet area during the Boston Celtics game on June 1, 2012 prior to the 4"* quarter, when Professor Dershowitz used the bathroom facility. No TD Garden employee was positioned outside the dangerously wet men’s room to advise Plaintiff, or any other attendee at the June 1, 2012 Celtic's game, of the dangerously wet and slippery conditions inside the rest room and/or to exercise caution when inside the restroom. The bathroom at this time ~ and Plaintiff believes for at least 60 minutes before his entry into the rest room -- had no paper towels to allow male patrons to dry their hands post washing of them. This dangerous condition allowed water from the recently washed hands of each of the myriad bathroom user to drip or be “shaken” onto the floor, negligently creating a hazardous situation for all users. er Xl " 10. Professor Dershowitz stepped onto this wet area of tile ay slipped, EN ne nen causing him to fall upward and then hard upon the tile floor and eaey fwisting his right knee — CS and leg, landing on his back. Gy oP 11. Professor Dershowitz seriously injured (Gagne knee and lower right leg in this fall. Professor Dershowitz could not walk unaid, to the pain and injury to his knee. ) -d to his seat, using the handrails for Professor Dershowitz painfully and careful assistance on his return to his seat ve dou require the support of the handrails previously) and informed his sporting event aner io time close friend, Boston Atty. Ken Sweder of the ee Oo above events within mii leir occurrence. Once Professor Dershowitz returned to his seat, his right knee a ‘came unbearably painful. At the end of the game, Plaintiff apprised TD Sa of the above events and the dangerous condition within the ewd men’s rod{=9) condition which TD Garden employees negligently permitted to persist long after they knew or should have known of the conditions existence. 12. Employees of TD Garden met Professor Dershowitz and his friend, Atty. Ken Sweder at the top of the stairs where they insisted that Professor Dershowitz be evaluated by their medical/first aid department. Upon examination of Professor Dershowitz, TD Garden employees concerned by the severity of the injuries sustained, insisted that Plaintiff be transported by ambulance to Massachusetts General Hospital for further evaluation of his injured Knee and leg. ‘The emergency medical personnel, Anthony Griswold, who evaluated Professor Dershowitz at the TD Garden and who arranged for transport by ambulance to Massachusetts General Hospital, noted that there was visible soft tissue swelling/bruising in Professor @ x 14, The Cataldo Ambulance personnel transported Professo) wiz to Dershowite’s lower right leg, Massachusetts General Hospital for further care for his injured see and leg. 1S. At Massachusetts General Hospital, rs »witz. was seen in the emergency room department and received an x-ray of, it knee. The x-ray showed no fractures or dislocation, however, Professor ‘as scheduled for further evaluation by MRI of his knee to address a possible mie injury. By the time of his discharge from the Hospital late in the evening 9839 1, 2012, Professor Dershowitz required a knee brace and the use of crutches to whys e was unable to bear weight on his right knee. 16. On June «pte Dershowitz had an MRI of his right knee at Longwood MRI Specialists. antes a Grade I sprain pattern of the medial collateral ligament and small joint pAQDR with synovi 1 Gi injury required medical attention from orthopedic physicians and physical therapy and medically required, over the course of many months, the use of a right knee brace and/or a crutch of crutches to stabilize Professor Dershowitz’s right knee as an aid to walking. ‘Though improved three years later, Professor Dershowitz’s right knee pain and lack of stability continues to this day. His pain is debilitating and interferes with ambulation during the day as well as sleeping at night. He remains in physical therapy today seeking to alleviate the pain from the right knee and leg injuries suffered as a consequence of the negligent failure of the defendants to maintain the TD Garden premises safe and slip free on June 1, 2012. Surgery may yet be required in the future to repair his knee. COUNT 18, as if each were set forth here in full, ( 19, Delaware North Companies, Inc. and Delaware Noxtf Companies, Inc.-Boston @) 5 CY att (hereinafter DNC) had a duty to ensure that the men’s room ath mom floor was maintained in a ‘manner safe for all the paying guests using the bath < 2) 20. DNC had a duty to ensure that nein sathroom floor was kept free of standing XP in which the bathroom floor would not pose a ‘water, wet and slippery tiled surfaces in a slipping hazard in the course of the 21, The failure of DN june 1, 2012 to timely monitor, maintain and ensure that (Ow the bathroom provided AS ised for the benefit of their paying guests were safe, including Plaintift Dershowit a of the duty owed to the normal and expected users of the bathroom and aw Garden. (ew 22\ i was foreseeable to DNC-its executives, managers and agents--that normal and foreseeable users of the bathroom, such as Plaintiff Dershowitz on June 1, 2012 would be exposed to a substantial risk of harm from the hazard of the standing water allowed to accumulate on the bathroom floor over the course of the evening in the absence of the DNC’s monitoring, maintaining and ensuring the proper condition of the bathroom, including the provision and installation of (over the course of the sold out evening’s sporting event) a sufficient amount of paper towels and frequent mopping to render the wet restrooms premises safe, 23. Plaintiff Dershowitz was harmed as the direct and proximate result of Delaware North Companies, Inc. and Delaware North Companies, Inc.-Boston’s negligence as is set forth more particularly above, REQUEST FOR RELIEF 5 & WHEREFORE, the plaintiff, Alan Dershowitz respectfully reget a. Judgment enter against the defendants, Delaware Non porns Inc. and (SE Delaware North Companies, Inc.-Boston, “eS 10 iknorth Garden, on Count I of this complaint and that full and fair dam: arded to Plaintiff Dershowitz for his injuries which persist through a date; b. that the plaintiff be awarded his complete economic and intangible damages allowed by law, including af Wale pre or post-judgment interest cc. that the plaintiff be a All appropriate costs, attorney's fees, expenses and oO interest xs ant Ny tews and d. that the C t such other relied as it deems just and appropriate. © eS © IS DEMAND FOR JURY TRIAL The Plaintiff demands a trial by jury on all issues so triable. Plaintiff, ALAN DERSHOWL: (@ 2) 2x {{slaeDonald (BBO# 310660) fas pallial con Mi 1 D. Lurie (BBO# 553024) em 2 jslurie@miglegal.com eee eas (BBOY 670529) @ robertson@mlgl legal.com w MACDONALD LAW GROUP LLC One Bowdoin Square, 8" Floor Boston, Massachusetts 02114-2929 @& (SY Dated: May 2015 ( 2) SS Ss ) HAL COURT OF MASSICROSETTS ‘CIVIL ACTION COVER SHEET | ‘SUPERIOR COURT DEPARTMENT pocerno. 45-2 6.21)| | COUNTY OF _ SUFFOLK re PLAINTIFE(S) alan Dershowitz DEFENDANT(S) pejaware North Companies, Inc. and | Delaware North Companies, Inc.-Boston = Name Defendant ty asiress_ f Bowdon Square Sth Foor (a address ory Reston uate fA zip Code fit ciy | state [Zipcode | [ra aero TYPE OF ACTION AND TRACK DESIGNATION (See CODE NOL TYPE OF ACTION (specify) TRACK Is THIS A JURY CASE?| i @ ies 1 No Personal Injury - slip & fall - Fast Track +The following iva Tull, Wemized and detailed statement of the facts on-which plaintiff relies to determine money damages. For this form, disregard double or treble dainage claims; indicate single damaggs only. | QY A. Documented medical expenses to date: | 1. Total hospital expenses |X Total doctor expenses = ZX Total chiropractic expenses , & Total physical therapy expenses £0vsoing) {S00 S—_7ar-83 | S Total other expenses (describe) (Amiulance) Sarasa eae posse ———— | | 8, $3,638.39 ated lost wages and compyntation to date damages vo gate ted fa Smedieal expenses (Ongoing, Costs Not Known) ipares es and compensat items of damages (describe) ecapaie ry, including nature and extent of injury (describe) yy a Total $__52984.22 1 SONA RSS essary) TOTAL PLEASE IDENTIFY, BY CASE NUMBER, NAME AND COUNTY, ANY RELATED ACTION PENDING IN THE SUPERIOR (COURT DEPARTMENT Ii Wereby crafy that T have complied withthe requirements of Rule Sof the Supreme Judicial Court Uniform Rules on Dispute Resolution (SIC [Rule 1:18) requiring that | provi my cients with information about court-connected dispute resolution services and discuss with them the Pmuercnatnentaarteeg caer g7 wee rfeaprs [Signature of Attorney of Record AOSC. 32007