and
C.G., a minor, by and through his parents and next IN THE CIRCUIT COURT OF
friends, Carlos Green and Rydricka Rosier,
MARYLAND
and
and
and
Plaintiffs
v.
SERVE
and
SERVE
and
SERVE
Timothy J. Regan
The Whiting-Turner Contracting Company
300 E. Joppa Rd.
Baltimore, MD 21286
and
SERVE
2
The Corporation Trust, Inc.
2405 York Rd.
Suite 201
Lutherville Timinium, MD 21093-2264
Defendants
COMPLAINT
Minor plaintiffs Z.G., C.G., and M.R., by and through their parents and next friends,
Carlos Green and Rydricka Rosier, and Carlos Green and Rydricka Rosier, individually
(collectively, “Plaintiffs”), by their attorneys Morelli Law Firm, PLLC and Stein Mitchell
1. Plaintiffs hereby bring this Complaint against Defendant MGM National Harbor,
LLC (hereinafter, “MGM”) and National Harbor Grand, LLC (hereinafter, “National Harbor
Grand”) (collectively, “Defendants”) for damages arising from severe physical and emotional
injuries that Plaintiffs sustained as a result of Defendant MGM’s recklessness. Plaintiffs’ claims
arise out of an incident that occurred on the evening of June 26, 2018 at the MGM National
Harbor resort and casino located in Oxon Hill, Maryland wherein multiple members of the
Green-Rosier family, while visiting the MGM National Harbor resort, were electrocuted by a
dangerously electrified metal staircase handrail, which was adjacent to a large fountain and in an
area illuminated by bright LED lights. Those Plaintiffs all sustained serious injuries. Minor
plaintiff Z.G., who is six years old, sustained the most devastating physical injuries. She went
into cardiac arrest as a result of being electrocuted by the handrail, suffered severe and
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permanent neurologic injuries, was hospitalized in critical condition, and is now in an acute care
medical facility. Minor plaintiff C.G., who is five years-old, and minor plaintiff M.R., who is
sixteen years-old, were both hospitalized for days as a result of their injuries. Rydricka Rosier
was not only electrocuted herself, but was also in the zone of danger and witnessed her three
children get electrocuted, helped in the efforts to rescue them and saw her youngest daughter
Z.G. go into cardiac arrest. This incident has had a devastating and life-altering impact on the
Parties
2. Minor plaintiff Z.G. is a six year-old child, who at the time of the events in
question was living with her parents, Carlos Green and Rydricka Rosier, in Prince Frederick,
Maryland.
3. Minor plaintiff C.G. is a five year-old who lives with his parents, Carlos Green
4. Minor plaintiff Monya Rosier is a sixteen year-old child who lives with her
5. Plaintiffs Carlos Green and Rydricka Rosier are individuals, parents, next friends,
and natural guardians of Z.G., C.G., and M.R.. They reside in the City of Prince Frederick,
6. MGM National Harbor, LLC is a Nevada Limited Liability Company with its
principal place of business in Maryland. The MGM National Harbor resort is located on MGM
National Avenue, Oxon Hill, MD 20745, in Prince George’s County, Maryland. The resort
includes a 24-story hotel, a 125,000 square foot casino, a concert venue that seats over 3,000
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people, numerous restaurants, bars and a luxury spa and salon, among other things. Defendant
7. National Harbor Grand LLC is a Maryland Limited Liability Company with its
principal place of business in Maryland. National Harbor Grand, LLC was, and still is, the
owner of the land located at MGM National Avenue, Oxon Hill, MD 20745.
principal place of business in Maryland. The Whiting-Turner Contracting Company was hired
by MGM National Harbor to serve as the general contractor for the construction of its hotel and
casino.
business in California. The company has an office in Glen Burnie, MD. Rosendin Electric, Inc.
served as the electrical contractor during the construction of the MGM National Harbor hotel and
casino.
10. Jurisdiction and venue are proper in this Court as the subject incident occurred at
Defendant MGM’s resort, which is located in Prince George’s County, and the amount in
Statement of Facts
11. In April of 2013—shortly after table games were legalized at Maryland casinos—
Defendant MGM and Defendant National Harbor Grand entered into a hotel and casino ground
lease.
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12. Upon information and belief, the ground lease set forth that Defendant MGM
would open and operate a hotel and casino at the subject premises owned by Defendant National
Harbor Grand.
13. The MGM National Harbor opened to the public in the fall of 2016. The 23-acre
resort in Prince George’s County includes restaurants from celebrity chefs, a concert venue, a
food hall, a 24-story hotel, a luxury spa and salon and a 125,000 square foot casino.
14. Upon information and belief, Defendant MGM owned, operated, controlled and
maintained the premises including, but not limited to the location where the subject incident
occurred.
15. Upon information and belief, Defendant National Harbor Grand owned, operated,
controlled and maintained the premises including, but not limited to the location where the
16. As owners and operators of the premises, defendants had a non-delegable duty to
ensure that their premises was in compliance with all applicable codes relating to safety –
including but not limited to building codes, electrical codes, and property maintenance codes.
17. Upon information and belief, Defendant MGM hired Defendant Whiting-Turner
construction manager for the construction of the MGM National Harbor hotel and casino.
18. Upon information and belief, Defendant MGM entered into a written agreement
services, labor and materials to Defendant MGM for construction work at the MGM National
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19. Defendant Whiting-Turner had a duty to ensure that the work performed at the
premises was in compliance with all applicable codes relating to safety – including but not
21. Rosendin Electric installed, or directed the installation of the electrical wiring at
the premises, including, but not limited to the electrical wiring in and around the subject
handrail.
22. Defendant Rosendin Electric had a duty to ensure that the work performed at the
premises was in compliance with all applicable codes relating to safety – including but not
23. On the evening of June 26, 2018, Carlos Green and Rydricka Rosier brought their
children M.R., Z.G. and C.G. to visit the MGM National Harbor resort. They were invitees of
the defendants. .
24. Rydricka Rosier brought M.R. Z.G. and C.G. to see a large outdoor fountain at the
resort.
25. The fountain is an attraction for resort patrons to see. It is colorfully illuminated
at night and has spouts that shoot streams of water high into the air.
26. The large circular fountain is at the bottom of a stadium-like outdoor area on the
resort premises.
27. Upon exiting the hotel to enter the outdoor area near the fountain, there are steps
to walk down to the fountain. These steps have metal handrails which extend from the top of the
steps all the way to the bottom of the steps where the fountain is.
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28. Bright LED lights illuminate the area around these handrails at night.
29. Z.G., C.G. and M.R. touched the handrails as they descended toward the fountain.
Their conduct was easily foreseeable as the handrails are intended for use of patrons.
31. Upon information and belief, there were 120 volts of electricity going through the
dangerously electrified handrail—more than 10 times the amount that should have been
significant period of time. Defendants had actual and constructive notice of this dangerous and
defective condition.
33. When Z.G., C.G. and M.R. touched the electrified handrail, they were violently
34. Rydricka was standing next to the children and saw them get electrocuted. She
too was electrocuted when she attempted to pull them off the handrail.
35. A security guard came to render aid to the children and he too was electrocuted
36. As a result of being electrocuted, Z.G. went into cardiac arrest and needed to be
resuscitated by emergency personnel before being rushed to the hospital. She suffered severe
and permanent neurological injuries. C.G.’s electrocution-related injuries caused him to lose
injuries.
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37. After being hospitalized for nearly two months, Z.G. has now been moved to an
acute rehabilitation facility where she receives around-the-clock care and medical attention. Her
life-altering injuries will tremendously impact her and her family’s lives moving forward.
38. C.G. and M.R. also suffered serious injuries requiring hospitalization..
39. Plaintiffs Carlos Green and Rydricka Rosier have been forced to expend, and will
continued to expend large sums of money for hospitalization, medical treatment, and other
injury-related care for Z.G., C.G. and M.R., particularly with reference to their daughter Z.G.’s
40. Defendants were, or should have been on notice of the defect that caused the
41. Upon information and belief, the LED lights surrounding the subject handrail
42. These malfunctioning LED lights should have put Defendants on notice of a
potentially dangerous condition whereby hotel patrons were at serious risk of being electrocuted.
43. Defendants regularly had security cameras that captured the area where the
subject incident occurred. Defendants also regularly had security guards and other personnel that
44. Accordingly, Defendants knew or should have known that the LED lights near the
subject handrail were out, and should have inspected what was causing this defect. Had they
inspected, Defendants would have discovered the electrical defect that was causing the handrail
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45. Upon information and belief, security video showed patrons at the MGM National
Harbor appearing to be jolted with electricity when touching the handrail on numerous occasions
46. This is also evidence that Defendants knew or should have known that the
47. Upon information and belief, Defendants did not have a defibrillator available to
render immediate and necessary aid to Z.G., who had gone into cardiac arrest as a result of being
48. Upon information and belief, Defendants, in their haste to open their hotel and
casino, intentionally urged its construction workers—especially the electrical contractors and
49. The electrical wiring at the premises, including, but not limited to the wiring in
and around the handrail was installed and maintained in a defective, shoddy, and reckless
manner, and presented a serious safety risk to anybody who might come into contact with the
hand rail.
50. Upon information and belief, the electrical wiring at the premises, including, but
not limited to the wiring in and around the handrail was inappropriately supervised by
Defendants.
51. Defendants urged the electrical inspector to approve the electrical work performed
as safe and compliant, even when it was not, in order to open the hotel as quickly as possible so
MGM could begin reaping financial benefit immediately despite obvious and significant danger
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52. Upon information and belief, Defendants intentionally ignored safety codes,
regulations and protocols—to the detriment of the hotel’s patrons and visitors such as the
Plaintiffs in this case—to open the hotel as soon as possible, with its focus on immediately
making money.
maintain their premises in a safe manner and free from dangerous conditions.
dangerously electrified handrail—to exist on their premises. This dangerous condition existed in
a popular area of the hotel near a large illuminated fountain, which was an attraction for the
56. Defendants knew, or should have known of the dangerous condition and failed to
remedy same.
57. Defendants breached their duty by allowing this dangerous condition to exist.
58. The Defendants had an obligation to comply with all applicable state and local
safety codes, including but not limited to building codes, electrical codes and property
conscious and malicious disregard for the safety of visitors to its hotel, including the safety of
Plaintiffs.
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60. As a direct and proximate result of Defendants’ negligence, Plaintiffs were caused
61. Further, as a direct and proximate result of Defendants’ intentional, reckless and
negligent misconduct, Plaintiffs have been forced to expend, and will continued to expend large
sums of money for hospitalization and medical treatment. In particular, and without limitation,
Plaintiff Z.G. will require tremendous amounts of multi-specialty medical, nursing and
rehabilitation care for the rest of her life, which is likely to be highly expensive, as a result of the
WHEREFORE, plaintiffs seek judgment against Defendants for compensatory and punitive
damages in amount exceeding seventy-five thousand dollars ($75,000), plus costs, attorney’s
fees and any other relief the Court may deem just and proper.
_____________________________ _______________________________________
Benedict P. Morelli Denis C. Mitchell
David T. Sirotkin STEIN MITCHELL CIPOLLONE BEATO &
MORELLI LAW FIRM, PLLC MISSNER, LLP
777 Third Avenue, 31st Fl. 901 15th St., NW Suite 700
New York, NY 10017 Washington, DC 20005
(212) 751-9800 (212) 661=0917
Attorneys for Plaintiffs Attorneys for Plaintiffs
Pending Admission Pro Hac Vice
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Jury Prayer
_______________________
Denis C. Mitchell
I, Denis C. Mitchell, counsel for the plaintiffs, hereby certify that I am member in good
standing of the Bar of the State of Maryland. My address and phone number are:
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