IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS TWENTY-SECOND JUDICIAL CIRCUIT STATE OF MISSOURI

Transcription

1 IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS TWENTY-SECOND JUDICIAL CIRCUIT STATE OF MISSOURI VIRGINIA KLEIN, Plaintiff, v. CAUSE NO. TAYLOR ON WASHINGTON, LLC, DIVISION NO. Serve Registered Agent: Cathy C. Strobel 2801 Locust St. St. Louis, MO 63103, -and- WRONGFUL DEATH CITY PHOTO GROUP, INC., Serve Registered Agent: JURY TRIAL REQUESTED Cathy C. Strobel 2801 Locust St. St. Louis, MO 63103, -and- CATHY C. STROBEL, an Individual, Serve at: 2801 Locust St. St. Louis, MO 63103, -and- JACK K. STROBEL, an Individual, Serve at: 44 Portland Place St. Louis, MO 63108, -and CC

2 ROBERT JEFFREY EDWARDS, An individual, Serve at: 2801 Locust St. St. Louis, MO 63103, -and- OTIS Elevator Company, Serve Registered Agent: CT Corporation 120 S. Central Ave. Suite 400 Saint Louis, MO Defendants. PETITION COUNT I GENERAL ALLEGATIONS AS TO ALL DEFENDANTS COMES NOW, Plaintiff VIRGINIA KLEIN, by and through her undersigned attorney, and for her cause of action against Defendants TAYLOR ON WASHINGTON, LLC, CITY PHOTO GROUP, INC., CATHY C. STROBEL, JACK K. STROBEL, ROBERT JEFFREY EDWARDS, and OTIS ELEVATOR COMPANY, states the following: 1. Plaintiff, VIRGINIA KLEIN, is a resident of Jefferson County, Missouri and brings this wrongful death action on her own behalf as the sister of Robert H. Reuter, deceased, who died on August 3, 2013 and is the sole beneficiary pursuant to Missouri Revised Statute , the Missouri Wrongful Death Statute. 2. On August 3, 2013, Robert H. Reuter, (hereinafter referred to as the 2

3 Decedent, was a tenant and/or invitee at the building owned by Defendant TAYLOR ON WASHINGTON, LLC located at 1128 Washington Avenue/1129 St. Charles Street in St. Louis, Missouri (hereinafter referred to as the building. 3. As Decedent Reuter stepped into a ground floor freight elevator in the building, unbeknownst to him, the elevator car was not parked at that level of the building causing him to fall down the elevator shaft to his death. 4. The aforementioned freight elevator (hereinafter referred to as the elevator along with the only other elevator in the building, had previously failed a Missouri Division of Fire Safety inspection on or about February 8, At that time the State inspector locked both elevators out of service by removing the main fuses and placing padlocks on the electrical disconnects and red tagged them with warnings that the elevators not be used. 5. At the time of Mr. Reuter s death, said elevator was no longer padlocked, had been re-energized and placed in service in direct violation of law. 6. That there were only two elevators in the building and both were freight elevators, not intended for passenger use. 7. Defendant TAYLOR ON WASHINGTON, LLC is a fictitious name registered as a Missouri limited liability company in good standing and, at all times herein mentioned, owned the property at 1128 Washington Avenue/1129 St. Charles Street, St. Louis, Missouri That the hereinafter described acts and omissions of Defendant TAYLOR ON WASHINGTON, LLC, Defendant CITY PHOTO GROUP, INC. and Defendant OTIS ELEVATOR COMPANY were performed by their members, officers, owners, agents, 3

4 servants and employees acting in the course and scope of the business interests of said Defendants. 9. At all times mentioned herein, Defendant CITY PHOTO GROUP, INC. was a Missouri corporation in good standing and was the sole member of TAYLOR ON WASHINGTON, LLC. 10. Defendants CATHY C. STROBEL, JACK K. STROBEL and ROBERT JEFFREY EDWARDS were the sole shareholders and/or officers of CITY PHOTO GROUP, INC. d/b/a TAYLOR ON WASHINGTON, LLC. and were therefore entitled to possession, care and control of the property prior to and at the time of Decedent Reuter s death. 11. Defendant ROBERT JEFFREY EDWARDS was acting as and/or represented himself to be acting in a leadership position such as organizer, manager, President, member and owner of TAYLOR ON WASHINGTON, LLC possessing care and control of the property at the time of Mr. Reuter s death. 12. Defendant OTIS ELEVATOR COMPANY is a foreign corporation in good standing and at all times herein mentioned was licensed to do business in the State of Missouri. 13. Defendant CATHY C. STROBEL was acting as and/or represented herself to be acting in a leadership position such as manager, registered agent, and managing member of TAYLOR ON WASHINGTON, LLC possessing care and control of the property prior to and at the time of Mr. Reuter s death. 14. Since at least 2004 Defendant CATHY C. STROBEL has at times held herself out as manager, President, registered agent, board member, member, 4

5 authorized signor and shareholder of CITY PHOTO GROUP, INC. 15. Since at least 2004 Defendant ROBERT JEFFREY EDWARDS has at times held himself out as manager, President, Secretary, Treasurer, board member, member, director and shareholder of CITY PHOTO GROUP, INC. 16. Since at least 2004 Defendant JACK K. STROBEL has at times held himself out as Secretary, board member and shareholder of CITY PHOTO GROUP, INC. 17. In addition to their involvement in CITY PHOTO GROUP, INC. and TAYLOR ON WASHINGTON, LLC, Defendants CATHY C. STROBEL and ROBERT JEFFREY EDWARDS have been involved in numerous business entities together such as WH Group, LLC and City Photo of St. Louis, Inc. 18. At all times herein mentioned, Defendants TAYLOR ON WASHINGTON LLC, CITY PHOTO GROUP, INC., CATHY C. STROBEL, JACK K. STROBEL and ROBERT JEFFREY EDWARDS were affiliated and related entities and/or persons. For many years these defendants shared offices, board of director members, were joint venturers, shareholders and partners with one another in various profit making endeavors. Due to the inter-relationship of one with another, the knowledge of any one of these defendants would be imputed to the knowledge of the other defendants. 19. Defendants CATHY C. STROBEL and ROBERT JEFFREY EDWARDS were members of both TAYLOR ON WASHINGTON, LLC and CITY PHOTO GROUP, INC. and took active parts in decisions relating to the management, ownership and operation of the building and its elevators. Defendants actions prevent them from using the limited liability corporate status of TAYLOR ON WASHINGTON, LLC as a shield 5

6 from personal liability in the death of Decedent Robert H. Reuter. 20. The sole business purpose of TAYLOR ON WASHINGTON, LLC was to purchase and maintain the property at issue on behalf of CITY PHOTO GROUP, INC. 21. As the owner of an elevator and by controlling the activities of TAYLOR ON WASHINGTON, LLC, CITY PHOTO GROUP, INC. created a relationship with the tenants and others using the building that gave rise to CITY PHOTO GROUP, INC.'s duty to exercise the highest degree of care to protect persons using the elevator and it breached that duty. 22. CITY PHOTO GROUP, INC. exercised such domination and control that TAYLOR ON WASHINGTON, LLC has no separate mind, will or existence of its own and is but a business conduit for CITY PHOTO GROUP, INC. 23. Defendants CITY PHOTO GROUP, INC., TAYLOR ON WASHINGTON, LLC, CATHY C. STROBEL, JACK C. STROBEL, ROBERT JEFFERY EDWARDS AND OTIS ELEVATOR COMPANY knew that the elevators in the building were dangerous and unsafe for any use and were in direct violation of Missouri and City of St. Louis statutes, codes, regulations and ordinances. 24. As owners of an elevator, Defendants CITY PHOTO GROUP, INC., TAYLOR ON WASHINGTON, LLC, CATHY C. STROBEL, JACK C. STROBEL and ROBERT JEFFERY EDWARDS were common carriers with a non-delegable duty to use the highest degree of care and breached that duty. COUNT I NEGLIGENCE OF TAYLOR ON WASHINGTON, LLC COMES NOW, Plaintiff VIRGINIA KLEIN under Count I of her cause of 6

7 action against Defendant TAYLOR ON WASHINGTON, LLC states: 1. Plaintiff restates, realleges, and adopts by reference the allegations and averments contained in paragraphs 1-23 hereof as though fully set forth herein. 2. As the owner of an elevator, Defendant TAYLOR ON WASHINGTON, LLC was a common carrier with a non-delegable duty to use the highest degree of care to maintain the elevator in a safe condition and in conformity with all governmental ordinances, rules, and regulations and to make repairs and alterations as required and breached that duty. 3. As owner, Defendant TAYLOR ON WASHINGTON, LLC assumed a duty to prevent persons from using the elevator that had failed safety inspections and had been placed out of service ( red tagged by the Missouri Division of Fire Safety months before Decedent s death. 4. Defendant TAYLOR ON WASHINGTON, LLC knew or should have known in the exercise of the highest degree of care that the elevator at issue was being used for years by persons on the premises, including its own agents, members and employees. 5. Defendant TAYLOR ON WASHINGTON, LLC also knew or should have known that the elevator was dangerous by means of at least one prior incident where people had become temporarily trapped in the elevator at issue prior to August 3, Defendant TAYLOR ON WASHINGTON, LLC had the right and duty to maintain, repair, control, alter, shut down and seal off all access to the elevators in its building until they were made safe for use and in compliance with all relevant laws and regulations. 7

8 7. Defendant TAYLOR ON WASHINGTON, LLC had notice of the dangerous condition of its elevators which existed at the time the property was purchased many years prior to August 3, Said elevators were inspected by an elevator maintenance and repair company in January 2013 and Defendant TAYLOR ON WASHINGTON, LLC was informed of the critical situation caused by the use of the elevator and instructed to immediately shut down the elevator at issue. 9. Although it had many opportunities to do so, Defendant TAYLOR ON WASHINGTON, LLC failed to take immediate action necessary to completely disable the elevators, make them tamper proof, and adequately secure them to prevent all access and any further use. 10. Defendant TAYLOR ON WASHINGTON, LLC knowingly allowed persons to reside and work in the building and to use the freight elevator to reach the upper levels of the building. 11. That at all times mentioned herein, Defendant TAYLOR ON WASHINGTON, LLC had the means available to completely prevent the use of the elevators by anyone including Decedent, and failed to do so. 12. That the dangerous condition of the freight elevator was not known to or reasonably discoverable by Decedent. 13. By and through the acts and omissions of its members, agents, and employees, Defendant TAYLOR ON WASHINGTON, LLC failed to use the highest degree of care, thereby constituting negligence and a breach of duty to Plaintiff s Decedent, and which negligence was committed in the following respects, to wit: 8

9 a. That Defendant TAYLOR ON WASHINGTON LLC failed to properly register and maintain the elevator in accordance with Missouri and St. Louis City statutes and ordinances; b. That Defendant TAYLOR ON WASHINGTON, LLC failed to barricade, warn or prevent persons from using the elevator that had failed safety inspections and that had been placed completely out of service and red tagged by the Missouri Division of Fire Safety; c. That Defendant TAYLOR ON WASHINGTON, LLC knew or by the use of the highest degree of care should have known that the freight elevator was being manually operated which allowed the elevator cab to be parked at or between the floors of the building causing the condition which existed at the time of Decedent s attempted use of the elevator; d. That Defendant TAYLOR ON WASHINGTON, LLC knew or by the use of the highest degree of care should have known that when the freight elevator cab was parked at or between a higher level of the building, it rendered the shaft at the levels below completely dark. e. That Defendant TAYLOR ON WASHINGTON, LLC failed to make use of readily available tamper proof measures to prevent the use of the unreasonably dangerous freight elevators; f. That although it had notice that its building had been condemned and deemed unfit for occupancy by the City of St. Louis, Defendant TAYLOR ON WASHINGTON, LLC permitted persons to visit, live and 9

10 work on multiple floors of the building and use the dangerous freight elevator as a passenger elevator for which it was not intended. 14. As a direct and proximate result of the negligence of Defendant TAYLOR ON WASHINGTON, LLC the elevator shaft door was able to be opened allowing access to the unlighted elevator shaft, without the elevator being present at that floor and caused Decedent Reuter to fall to his death. 15. The above-mentioned actions and omissions of Defendant TAYLOR ON WASHINGTON, LLC estop it from using its limited liability corporate status as a shield from personal liability in the death of Decedent Robert H. Reuter. 16. As a result of Robert H. Reuter s death, Plaintiff sustained damages allowed under the Missouri Wrongful Death Statute. WHEREFORE, in COUNT I Plaintiff prays for judgment against Defendant TAYLOR ON WASHINGTON, LLC for damages, for funeral expenses and in an amount exceeding $25,000.00, together with interest and costs and for any such other and further relief the Court deems proper under the premises. COUNT II NEGLIGENCE OF CITY PHOTO GROUP, INC. COMES NOW, Plaintiff VIRGINIA KLEIN under Count II of her cause of action against Defendant CITY PHOTO GROUP, INC. states: 1. Plaintiff restates, realleges, and adopts by reference the allegations and averments contained in paragraphs 1-23 and COUNT I above as though fully set forth herein. 2. As the sole member of TAYLOR ON WASHINGTON, LLC, Defendant 10

11 CITY PHOTO GROUP, INC. possessed the right and duty to exercise care and control over the property including the elevators. 3. As the owner of an elevator, Defendant CITY PHOTO GROUP, INC. was a common carrier with a non-delegable duty to use the highest degree of care to maintain the elevator in a safe condition and in conformity with all governmental ordinances, rules, and regulations and to make repairs and alterations as required and breached that duty. 4. That a significant portion of CITY PHOTO GROUP, INC. s business involves the purchase and restoration of historical buildings and in the exercise of the highest degree of care should thereby have knowledge of the relevant building codes, statutes, regulations and ordinances. 5. As the sole and managing member of TAYLOR ON WASHINGTON, LLC, Defendant CITY PHOTO GROUP, INC. assumed a duty to maintain the property, including the elevators, in conformity with all governmental ordinances, rules, and regulations and assumed the duty to make repairs and alterations as required. 6. As the sole and managing member of TAYLOR ON WASHINGTON, LLC, Defendant CITY PHOTO GROUP, INC. assumed a duty to prevent persons from using the elevator that had failed safety inspections and that had been placed out of service ( red tagged by the Missouri Division of Fire Safety months before Decedent s death. 7. Defendant CITY PHOTO GROUP, INC. had the authority to control and inspect TAYLOR ON WASHINGTON, LLC s corporate assets including the building and its elevators. 8. Defendant CITY PHOTO GROUP, INC. and TAYLOR ON WASHINGTON, 11

12 LLC were one in the same. 9. Defendant CITY PHOTO GROUP, INC. knew or should have known in the exercise of the highest degree of care that the elevator at issue was being used for years by persons on the premises, including its own agents, members, officers and employees. 10. Defendant TAYLOR ON WASHINGTON, LLC also knew or should have known that the elevator was dangerous by means of at least one prior incident where people had become temporarily trapped in the elevator at issue prior to August 3, As the sole and managing member of TAYLOR ON WASHINGTON, LLC Defendant CITY PHOTO GROUP, INC. had the right and duty to maintain, repair, control, alter, shut down and seal off all access to the elevators in the building until they were made safe for use and in compliance with all relevant laws and regulations. 12. For years prior to August 3, 2013 Defendant CITY PHOTO GROUP, INC. had notice of the dangerous condition of the building s elevators which existed from the time the property was purchased through Defendant TAYLOR ON WASHINGTON, LLC. 13. Said elevators were inspected by an elevator maintenance and repair company in January 2013 and Defendant CITY PHOTO GROUP, INC. was informed of the critical situation caused by the use of the elevator. 14. Although it had many opportunities to do so, Defendant CITY PHOTO GROUP, INC. failed to take immediate action necessary to completely disable the elevators, make them tamper proof, and adequately secure them to prevent all access and any further use. 15. Defendant CITY PHOTO GROUP, INC. allowed persons to reside and 12

13 work in the building and to use the freight elevator to reach the upper levels of the building. 16. That at all times mentioned herein, Defendant CITY PHOTO GROUP, INC. had the means available to completely prevent the use of the elevators by anyone including Decedent, and failed to do so. 17. That the dangerous condition of the freight elevator was not known to or reasonably discoverable by Decedent. 18. Defendant CITY PHOTO GROUP, INC. failed to use the highest degree of care, thereby constituting negligence and a breach of duty to Plaintiff s Decedent, and which negligence was committed in the following respects, to wit: a. That Defendant CITY PHOTO GROUP, INC. failed to properly register and maintain the elevator in accordance with Missouri and St. Louis City statutes and ordinances; b. That Defendant CITY PHOTO GROUP, INC. failed to barricade, warn or prevent persons from using the elevator that had failed safety inspections and that had been put completely out of service and red tagged by the Missouri Division of Fire Safety; c. That Defendant CITY PHOTO GROUP, INC. knew or by the use of the highest degree of care should have known that the freight elevator was being manually operated which allowed the elevator cab to be parked at or between the floors of the building causing the condition which existed at the time of Decedent s attempted use of the elevator; d. That Defendant CITY PHOTO GROUP, INC. knew or by the use of the 13

14 highest degree of care should have known that when the freight elevator cab was parked at a higher level of the building or between floors, it rendered the shaft levels below completely dark. e. That Defendant CITY PHOTO GROUP, INC. failed to make use of readily available tamper proof measures to prevent the use of the unreasonably dangerous freight elevators; f. That although it had notice that its building had been condemned and deemed unfit for occupancy by the City of St. Louis, Defendant CITY PHOTO GROUP, INC. permitted persons to visit, live and work on multiple floors of the building and use the dangerous freight elevator as a passenger elevator for which it was not intended; g. That CITY PHOTO GROUP, INC. failed to adequately fund TAYLOR ON WASHINGTON, LLC thereby causing its building to fall into a state of unreasonably dangerous disrepair for years. 19. As a direct and proximate result of the negligence of Defendant CITY PHOTO GROUP, INC. the elevator shaft door was able to be opened allowing access to the unlighted elevator shaft, without the elevator being present on that floor and caused Decedent Reuter to fall to his death. 20. As a result of Robert H. Reuter s death, Plaintiff sustained damages allowed under the Missouri Wrongful Death Statute. WHEREFORE, Plaintiff prays for judgment in COUNT II against Defendant CITY PHOTO GROUP, INC. for damages, for funeral expenses and in an amount exceeding $25,000.00, together with interest and costs and for any such other and further relief the 14

15 Court deems proper under the premises. COUNT III NEGLIGENCE OF CATHY C. STROBEL COMES NOW, Plaintiff VIRGINIA KLEIN under Count III of her cause of action against Defendant CATHY C. STROBLE states: 1. Plaintiff restates, realleges, and adopts by reference the allegations and averments contained in paragraphs 1-23 and COUNTS I and II above as though fully set forth herein. 2. Defendant CATHY C. STROBEL had dominion and control over TAYLOR ON WASHINGTON, LLC and CITY PHOTO GROUP in that TAYLOR ON WASHINGTON, LLC and CITY PHOTO GROUP had no separate mind, will or existence of their own at the time of Robert Reuter s wrongful death as shown by the following: a. Defendant CATHY C. STROBLE was the President of CITY PHOTO GROUP, INC. at the time of Decedent Reuter s death. b. Defendant CATHY C. STROBLE was the managing member of TAYLOR ON WASHINGTON, LLC at the time of Decedent Reuter s death. c. Prior to its transfer to TAYLOR ON WASHINGTON, LLC the building at issue was owned by CITY PHOTO GROUP, INC. d. Defendant CATHY C. STROBLE exercised control over the property on behalf of both TAYLOR ON WASHINGTON, LLC and CITY PHOTO GROUP, INC., including but not limited to control over the transfer of property, such as the transfer of the property from CITY PHOTO GROUP, INC. to 15

16 TAYLOR ON WASHINGTON, LLC in July of 2004, the ability to override a previously filed elevator registration on or about February 6, 2013; the right to inspect the property at her will as occurred in January and February of 2013; the right to authorize elevator inspections by private companies and regulatory agencies; the right to file lawsuits on behalf of CITY PHOTO GROUP, INC. and TAYLOR ON WASHINGTON, LLC; e. Defendant CATHY C. STROBLE failed to prevent complex selfdealing to benefit individual officers and shareholders of CITY PHOTO GROUP, INC. and TAYLOR ON WASHINGTON, LLC; f. Upon information and belief, Defendant CATHY C. STROBLE undercapitalized Defendant TAYLOR ON WASHINGTON, LLC thereby causing its building to fall into a state of unreasonably dangerous disrepair for years which ultimately lead to the wrongful death of Decedent Reuter, such that the Court should pierce the corporate veil and hold her personally liable to Plaintiff. 3. As the owner of an elevator, Defendant CATHY C. STROBLE was a common carrier with a non-delegable duty to use the highest degree of care to maintain the elevator in a safe condition and in conformity with all governmental ordinances, rules, and regulations and to make repairs and alterations as required and breached that duty. 4. Defendant CATHY C. STROBLE assumed a duty to prevent persons from using the elevator that had failed safety inspections and that had been red tagged by the Missouri Division of Fire Safety. 5. Defendant CATHY C. STROBLE knew or should have known of the 16

17 unsafe condition of the elevator. 6. Defendant CATHY C. STROBLE failed to use reasonable care, thereby constituting negligence, and which negligence was committed in the following respects, to wit: a. That Defendant CATHY C. STROBLE failed to properly register, have inspected and maintain the elevator in accordance with Missouri and St. Louis City statutes and ordinances; b. That Defendant CATHY C. STROBLE failed to barricade, warn or prevent persons from using the elevator that had failed safety inspections and that had been put completely out of service and red tagged by the Missouri Division of Fire Safety; c. That Defendant CATHY C. STROBLE knew or by the use of the highest degree of care should have known that the freight elevator was being manually operated which allowed the elevator cab to be parked at or between the floors of the building causing the condition which existed at the time of Decedent s attempted use of the elevator; d. That Defendant CATHY C. STROBLE knew or by the use of the highest degree of care should have known that when the freight elevator cab was parked at a higher level or between floors of the building, it rendered the shaft levels below completely dark. e. That Defendant CATHY C. STROBLE failed to make use of readily available tamper proof measures to prevent the use of the unreasonably dangerous freight elevators; 17

18 f. That although she had notice that the building had been condemned and deemed unfit for occupancy by the City of St. Louis, Defendant CATHY C. STROBLE permitted persons to visit, live and work on multiple floors of the building and use the dangerous freight elevator as a passenger elevator for which it was not intended. 7. As a direct and proximate result of the negligence of Defendant CATHY C. STROBEL the elevator shaft door was able to be opened allowing access to the unlighted elevator shaft without the elevator being present on that floor and caused Decedent Reuter to fall to his death. 8. The above-mentioned actions and omissions of Defendant CATHY C. STROBEL prevent her from using the limited liability corporate status of TAYLOR ON WASHINGTON, LLC or CITY PHOTO GROUP, INC. as a shield from personal liability in the death of Decedent Robert H. Reuter. 9. As a result of Robert H. Reuter s death, Plaintiff sustained damages allowed under the Missouri Wrongful Death Statute. WHEREFORE, in COUNT III Plaintiff prays for judgment against Defendant CATHY C. STROBEL for damages, for funeral expenses and in an amount exceeding $25,000.00, together with interest and costs and for any such other and further relief the Court deems proper under the premises. COUNT IV NEGLIGENCE OF ROBERT JEFFREY EDWARDS COMES NOW Plaintiff VIRGINIA KLEIN under Count IV of her cause of action against Defendant ROBERT JEFFREY EDWARDS states: 18

19 1. Plaintiff restates, realleges, and adopts by reference the allegations and averments contained in paragraphs 1-23 and COUNTS I, II and III above as though fully set forth herein. 2. Defendant ROBERT JEFFREY EDWARDS had dominion and control over TAYLOR ON WASHINGTON, LLC and CITY PHOTO GROUP in that TAYLOR ON WASHINGTON, LLC and CITY PHOTO GROUP had no separate mind, will or existence of their own at the time of Robert Reuter s wrongful death as shown by the following: a. Defendant ROBERT JEFFREY EDWARDS was a member of TAYLOR ON WASHINGTON,LLC at the time of Decedent Reuter s death. b. Defendant ROBERT JEFFREY EDWARDS was an officer and shareholder of CITY PHOTO GROUP, INC. at the time of Decedent Reuter s death. c. Defendant ROBERT JEFFREY EDWARDS exercised control over the property on behalf of both TAYLOR ON WASHINGTON, LLC and CITY PHOTO GROUP, INC., including control over the transfer of property, such as the transfer of the property from CITY PHOTO GROUP, INC. to TAYLOR ON WASHINGTON, LLC in July of 2004; registered the elevator at issue on or about January 6, 2013; the right to inspect the property at his will; the right to authorize elevator inspections by private companies and regulatory agencies; filed multiple building permit and occupancy applications for the property; entered into leases, contracts and agreements with both residential and commercial tenants; he himself lived as a tenant in the building for years including at the time of 19

20 Decedent s death; certified in writing that he possessed care and control of the property; d. Defendant ROBERT JEFFREY EDWARDS failed to prevent complex self-dealing to benefit individual officers and shareholders of CITY PHOTO GROUP, INC. and TAYLOR ON WASHINGTON, LLC; e. Defendant ROBERT JEFFREY EDWARDS engaged in complex self-dealing to benefit himself and his wholly owned companies; f. Upon information and belief, Defendant ROBERT JEFFREY EDWARDS undercapitalized Defendant TAYLOR ON WASHINGTON, LLC thereby causing its building to fall into a state of unreasonably dangerous disrepair for years which ultimately lead to the wrongful death of Decedent Reuter, such that the Court should pierce the corporate veil and hold him personally liable to Plaintiff. 3. As the owner of an elevator, Defendant ROBERT JEFFREY EDWARDS was a common carrier with a non-delegable duty to use the highest degree of care to maintain the elevator in a safe condition and in conformity with all governmental ordinances, rules, and regulations and to make repairs and alterations as required and breached that duty. 4. Defendant ROBERT JEFFREY EDWARDS assumed a duty to prevent persons from using the elevator that had failed safety inspections and that had been red tagged by the Missouri Division of Fire Safety. 5. Defendant ROBERT JEFFREY EDWARDS knew or should have known of the unsafe condition of the elevator. 20

21 6. Defendant ROBERT JEFFREY EDWARDS failed to use the highest degree of care, thereby constituting negligence, and which negligence was committed in the following respects, to wit: a. That Defendant ROBERT JEFFREY EDWARDS failed to properly register, have inspected and maintain the elevator in accordance with Missouri and St. Louis City statutes and ordinances; b. That Defendant ROBERT JEFFREY EDWARDS failed to barricade, warn or prevent persons from using the elevator that had failed safety inspections and that had been put completely out of service and red tagged by the Missouri Division of Fire Safety; c. Upon information and belief, at Defendant ROBERT JEFFREY EDWARDS direction, the elevator at issue was unlawfully modified and returned to service for passenger use which ultimately lead to the wrongful death of Decedent Reuter. d. That Defendant ROBERT JEFFREY EDWARDS knew or by the use of the highest degree of care should have known that the freight elevator was being manually operated which allowed the elevator cab to be parked at or between the floors of the building causing the condition which existed at the time of Decedent s attempted use of the elevator; e. That Defendant ROBERT JEFFREY EDWARDS knew or by the use of the highest degree of care should have known that when the freight elevator cab was parked at a higher level or between floors of the building, it rendered the shaft levels below completely dark. 21

22 f. That Defendant ROBERT JEFFREY EDWARDS failed to make use of readily available tamper proof measures to prevent the use of the unreasonably dangerous freight elevators; g. That although he had notice that the building had been condemned and deemed unfit for occupancy by the City of St. Louis, Defendant ROBERT JEFFREY EDWARDS permitted persons to visit, live and work on multiple floors of the building and use the dangerous freight elevator as a passenger elevator for which it was not intended. h. That although he knew that the building had been condemned and deemed unfit for occupancy by the City of St. Louis, Defendant ROBERT JEFFREY EDWARDS himself resided in the building and used the dangerous freight elevator as a passenger elevator for which it was not intended. 7. As a direct and proximate result of the negligence of Defendant ROBERT JEFFREY EDWARDS the elevator shaft door was able to be opened allowing access to the unlighted elevator shaft without the elevator being present on that floor and caused Decedent Reuter to fall to his death. 8. The above-mentioned actions and omissions of Defendant ROBERT JEFFREY EDWARDS prevent him from using the limited liability corporate status of TAYLOR ON WASHINGTON, LLC or CITY PHOTO GROUP, INC. as a shield from personal liability in the death of Decedent Robert H. Reuter. 9. As a result of Robert H. Reuter s death, Plaintiff sustained damages allowed under the Missouri Wrongful Death Statute. 22

23 WHEREFORE, in COUNT IV Plaintiff prays for judgment against Defendant ROBERT JEFFREY EDWARDS for damages, for funeral expenses and in an amount exceeding $25,000.00, together with interest and costs and for any such other and further relief the Court deems proper under the premises. COUNT V NEGLIGENCE PER SE COMES NOW Plaintiff VIRGINIA KLEIN under Count V of her cause of action against Defendants TAYLOR ON WASHINGTON, LLC, CITY PHOTO GROUP, INC., CATHY C. STROBEL, JACK K. STROBEL and ROBERT JEFFREY EDWARDS states: 1. Plaintiff restates, realleges, and adopts by reference the allegations and averments contained in paragraphs 1-23 and COUNTS I through IV above as though fully set forth herein. 2. That the State of Missouri and City of St. Louis promulgated statutes, regulations and ordinances relating to buildings and elevators setting forth what the conduct of a reasonable person must be, and Defendants failed to conform to such conduct. 3. As the owners of an elevator, Defendants TAYLOR ON WASHINGTON, LLC, CITY PHOTO GROUP, INC., CATHY C. STROBEL, JACK K. STROBEL and ROBERT JEFFREY EDWARDS were common carriers with a non-delegable duty to use the highest degree of care to maintain the elevator in a safe condition and in conformity with all governmental ordinances, rules, and regulations and to make repairs and alterations as required and breached that duty. 23

24 4. At a minimum, Defendants were in violation of including but not limited to The American Society of Mechanical Engineers Safety Code of Elevators and Escalators (The Elevator Safety Act (ASME A adopted by the State of Missouri at the time of Decedent Reuter s wrongful death on August 3, Defendants failed to register the elevators in their building with the Division of Fire Safety as required by the Missouri Elevator Safety Act. 6. Defendants failed to obtain annual inspections of its elevators by a Qualified Elevator Inspector (QEI and witnessed by a Missouri state licensed inspector as required by the Missouri Elevator Safety Act. 7. Defendants failed to comply with the minimum standard set forth in 11 CSR Defendants violations of said statutes, regulations and ordinances subject them to the presumption that Defendants violated their legal duties to use due care. 9. Defendants violation of said statutes, regulations and ordinances was the direct and proximate cause of Robert H. Reuter s wrongful death, which is the type of injury said statutes, regulations and ordinances were intended to prevent. 10. Decedent Reuter was a member of the class of persons that the violated statutes, regulations and ordinances were intended to protect. 11. At the time of Decedent Reuter s wrongful death, there was no emergency, justification or excuse on the part of Defendants for violating said statutes, regulations and ordinances. 12. That Defendants knew or should have known that the dangerous condition 24

25 and use of the elevator was in direct violation of said statutes, regulations and ordinances, yet failed to comply. 13. That at the time of Decedent s death, Defendants had been ordered by the State of Missouri and warned by a private company not to use the elevator pursuant to said statutes, regulations, ordinances and safety concerns. 14. As a result of Robert H. Reuter s death, Plaintiff sustained damages allowed under the Missouri Wrongful Death Statute. WHEREFORE, in COUNT V Plaintiff prays for judgment against Defendants TAYLOR ON WASHINGTON, LLC, CITY PHOTO GROUP, INC., CATHY C. STROBEL, JACK K. STROBEL and ROBERT JEFFREY EDWARDS for damages, for funeral expenses and in an amount exceeding $25,000.00, together with interest and costs and for any such other and further relief the Court deems proper under the premises. COUNT VI PRODUCT LIABILITY, STRICT LIABILITY AND NEGLIGENCE AGAINST OTIS ELEVATOR COMPANY COMES NOW, Plaintiff VIRGINIA KLEIN under this Count VI, and for her cause of action against Defendant OTIS ELEVATOR COMPANY states: 1. Plaintiff restates, realleges, and adopts by reference the allegations and averments contained in paragraphs 1-23 and COUNTS I through V hereof as though fully set forth herein. 2. Prior to August 3, 2013, defendant designed, manufactured, distributed, and sold an Otis Traction Freight Elevator [Missouri State ID No , Serial No. N14453B] which was installed at 1129 St. Charles St./ Washington Ave. in the 25

26 City of St. Louis, Missouri. 3. On August 3, 2013, Plaintiff s decedent fell to his death while attempting to use the aforementioned freight elevator which had been designed, manufactured, distributed, and sold by defendant. 4. Prior to August 3, 2013, defendant designed, manufactured, distributed and sold the aforementioned freight elevator in the course of defendant s business, thus placing said elevator into the stream of commerce. 5. That said freight elevator was designed, manufactured, distributed, and sold with the following defective and unreasonably dangerous features: (a Failed to provide an effective and appropriate grill, lattice or openwork landing gate to prevent access and modification of the gate contact or interlock which allowed the gate to be opened when the elevator was absent from the landing, even though the means to prevent it were available to Defendant; (b Failed to provide and install warning chains to warn persons when the elevator is in operation; (c Failed to provide and install hoistway door or gate interlocks at each landing to ensure that the elevator would not operate with the gate open or the landing would not open when the elevator was absent from the landing; (d Failed to detect and diagnose defective equipment conditions and potentially hazardous landing gates and electric contacts; (e Failed to recommend installation of hoistway door or gate interlocks in 26

27 (f violation of Defendant s own policies. Failed to warn the building owners, tenants and invitees of the risk of serious personal injury or death created by the defective equipment and hazardous conditions it created, in violation of Defendant s own policies and industry custom and practice. 6. Defendant s aforementioned negligence allowed the elevator s 1 st floor landing electric contact to be bypassed (closed with a wooden wedge and tape to permit the elevator to operate with the gate in the open position. 7. Defendant s aforementioned negligence permitted the elevator s gate to be opened when the elevator was absent from the landing, which allowed the Decedent to open the gate and fall into the elevator hoistway. 8. Because of the defective design, manufacture, distribution, and sale of said freight elevator, it was unreasonably dangerous when put to a reasonably anticipated use. 9. That Defendant had no reason to believe that persons using the elevator would realize its dangerous condition. 10. As a direct and proximate result of the defective design, manufacture, distribution, and sale of said freight elevator, Decedent fell to his death and Plaintiff suffered the injuries and damages set out herein. 11. At all times relevant to this petition, the freight elevator complained of was being used in a manner reasonably anticipated given Defendant s negligence. 12. The interlock system and all component parts thereof and integral thereto on said freight elevator were designed and/or manufactured by Defendant. Said 27

28 interlock system or the particular components complained of were marketed, sold or otherwise distributed by Defendant. 13. Defendant by and through its employees and agents, sold or distributed said freight elevator including the interlock system and components, and installed the same in the building located at 1129 St. Charles St./ Washington Ave. and Defendant further fitted, modified, adjusted and repaired said freight elevator and interlock system and provided the owners of the building with advice, information and/or training prior to the accident complained of. 14. At all times relevant to the occurrence complained of, and at the time of manufacture and sale of the freight elevator and interlock system and at the time it left defendant s control, it was in a defective and unreasonably dangerous condition for its reasonably anticipated use in one or more of the following respects: a. The interlock system was defectively designed or manufactured in that when used in the intended or anticipated manner, it was subject to being tampered with; b. The interlock system was defectively designed or manufactured in that it lacked adequate safety devices to prevent its bypass; c. The interlock system was defectively designed or manufactured in that it allowed restoration of power to the unit after having been intentionally shut off; d. The interlock system was designed or manufactured such that the components thereof, including wires, electrical and physical 28

29 connections, were exposed to movement, alteration and/or damage or otherwise prone to failure or unintended connection without the ability to detect the same by the operator. e. The interlock system was defectively designed or manufactured in that it lacked safety devices which would have prevented access to and the modification of it; f. That Defendant failed to give adequate instructions and warnings to purchasers or users concerning the risk of serious injury or death due to the interlock system s accessibility by anyone. 15. Defendant knew or by using ordinary care could have known of these conditions. 16. Defendant failed to use ordinary care to correct these conditions, warn of these conditions, adequately test the interlock system, remove the freight elevator and/or interlock system from the market, and/or make the freight elevator and interlock system reasonably safe. 17. As a direct and proximate result of the defective, unreasonably dangerous interlock system and Defendant s failure to remedy same when such remedies were readily available, Plaintiff was caused to suffer the injuries and the damages mentioned herein. WHEREFORE, in COUNT VI Plaintiff prays for a judgment against Defendant OTIS ELVATOR COMPANY for damages, for funeral expenses and in an amount exceeding $25,000.00, together with interest and costs. 29

30 COUNT VII AGGRAVATING CIRCUMSTANCES DAMAGES AGAINST DEFENDANTS TAYLOR ON WASHINGTON, LLC, CITY PHOTO GROUP, INC., CATHY C. STROBEL, JACK STROBEL AND ROBERT JEFFREY EDWARDS COMES NOW, Plaintiff VIRGINIA KLEIN under this Count VII, and for her cause of action for aggravating circumstances damages against Defendants TAYLOR ON WASHINGTON, LLC, CITY PHOTO GROUP, INC., CATHY C. STROBEL, JACK K. STROBEL and ROBERT JEFFREY EDWARDS states: 1. Plaintiff restates, realleges, and adopts by reference the allegations and averments contained in paragraphs 1-23 and COUNTS I through VI above as though fully set forth herein. 2. The actions and failures of Defendants TAYLOR ON WASHINGTON, LLC, CITY PHOTO GROUP, INC., CATHY C. STROBEL, JACK K. STROBEL and ROBERT JEFFREY EDWARDS outlined hereinabove such as continuing to allow persons such as the Decedent to use the defective elevator when these Defendants knew or should have known of the life-threatening hazards it posed, constitutes a willful wanton disregard for the rights of all persons on the premises and that damages for the aggravating circumstances should be awarded against them to punish them for their actions, to make an example of them for other property owners, management companies and their employees and to deter them and others from putting others at risk of death. Damages for the aggravating circumstances should be awarded against these Defendants for placing profits over safety particularly with the callousness displayed by these defendants when, after being told to take the elevator out of service by both private and State elevator inspectors, continuing to allow use of the elevator, and again 30

31 after the elevator was red tagged and put out of service by the State of Missouri by deliberately and intentionally taking the actions required to place it back into service. 3. These Defendants knew long before August 3, 2013 that the elevators in the building were dangerous and unsafe for any use and were in direct violation of Missouri and City of St. Louis statutes, codes, regulations and ordinances, yet they continued to allow persons to rent and lease areas of the building. They also knew that the freight elevator was the only way to reach the upper floors of the building due to the only staircases having been completely blocked and closed off. 4. The actions of these Defendants in continuing to affirmatively allow and permit Decedent to use the freight elevator subjected Decedent to an unnecessary death. These Defendants subjected Decedent to his untimely death through inherently dangerous acts, even though the act of using an elevator is not an inordinately, dangerous activity. The dangerous environment caused by the defective elevator made death eventually inevitable if the elevator was used in its condition at the time of Decedent s death. This knowledge was made aware to these Defendants from the time the building was purchased and on countless occasions prior to decedent s death. Defendants knew or should have known that the building was being used for purposes such as residential apartments, business offices, restaurants and/or bars and nightclubs while the elevator was unlawfully placed in use. 5. These Defendants affirmatively allowed decedent to use the freight elevator, in spite of its dangerous condition, knowing that the use of the elevator subjected Decedent and others like him to death. WHEREFORE, in COUNT VII Plaintiff prays for damages for aggravating 31

32 circumstances against Defendants TAYLOR ON WASHINGTON, LLC, CITY PHOTO GROUP, INC., CATHY C. STROBEL, JACK STROBEL, AND ROBERT JEFFREY EDWARDS together with interest and costs. THE LAW OFFICE OF DONNA CLARK FRAYNE, LLC BY /s/ Donna Clark Frayne DONNA CLARK FRAYNE # Chouteau Avenue St. Louis, MO ( ( Fax Donna@FrayneAccidentInjuryLaw.com Attorney for Plaintiff 32