SUMMONS - CIVIL For information on ADA STATE OF CONNECTICUT
`JD-CV-1 Rev. 2-25 accommodations, contact JUDICIAL BRANCH /=5
`C.G.S. §§ 51-346, 51-347, 51-349, 51-350, 52-45a, 52-48, 52-259; the Centralized ADA Office SUPERIOR COURT \"
`P.B. §§ 3-1 through 3-21, 8-1, 10-13 at 860-706-5310 or go to: jud.ct.gov
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`Instructions are on page 2.
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`www.jud.ct.gov/ADA/
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`D Select if amount, legal interest, or property in demand, not including interest and costs, is LESS than $2,500.
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`[XI Select if amount, legal interest, or property in demand, not including interest and costs, is $2,500 or MORE.
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`|:| Select if claiming other relief in addition to, or in place of, money or damages. fl %z }é M/[ _ él/ZSf K 07( Zfl { '
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`TO: Any proper officer
`By authority of the State of Connecticut, you are hereby commanded to make due and legal service of this summons and attached complaint.
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`Address of court clerk (Number, street, town and zip code) Telephone number of clerk Return Date (Must be a Tuesday)
`70 Huntington Street, New London, CT 06320 (860 ) 447 — 5363 01/13/2026
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`E Judicial District GA. At (City/Town) Case type code (See list on page 2)
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`[C] Housing Session [ Number: New London Major: T Minor: 12
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`For the plaintiff(s) enter the appearance of:
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`Name and address of attorney, law firm or plaintiff if self-represented (Number, street, town and zip code) Juris number (if attorney or law firm)
`Conway, Londregan, Sheehan & Monaco, 38 Huntington Street, New London, CT 06320 010792
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`Telephone number
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`(860 ) 447 - 3171
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`Signature of plaintiff (if self-represented)
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`The attorney or law firm appearing for the plaintiff, or the plaintiff if self-represented, agrees E-mail address for delivery of papers under Section
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`to accept papers (service) electronically in this case. Any attorney who is not exempt from
`e-filing is required to accept electronic delivery. (Practice Book Section 10-13) D Yes D No
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`10-13 of the Connecticut Practice Book
`efiling@clsmlaw.com
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`Parties Name (Last, First, Middle Initial) and address of each party (Number; street; P.O. Box; town; state; zip; country, if not USA)
`First Name: Daniels, Erika P-01
`plaintiff | Address: 607 Norwich Avenue, Apartment 441, Taftville, CT 06380
`Additional | Name: o
`plaintiff Address:
`First Name: Ponemah Riverbank, LLC, 241 HUDSON STREET, HACKENSACK, NJ 07601 D-01
`defendant | Address: Agent for Service: Paula O'Neill, 607 Norwich Avenue, Taftville, CT 06380
`Additional |[Name: Ponemah Riverbank Holdings, LLC, 241 HUDSON STREET, HACKENSACK, NJ 07601 D-02
`defendant | Address: Agent for Service: Paula O'Neill, 607 Norwich Avenue, Taftville, CT 06380
`Additional |Name: Ponemah Riverbank Managing Member, LLC, 241 HUDSON STREET, HACKENSACK, NJ 07601 D-03
`defendant | Address: Agent for Service: Paula O'Neill, 607 Norwich Avenue, Taftville, CT 06380
`Additional |Name: Ponemah Riverbank Unit A North, LLC, 241 HUDSON STREET, HACKENSACK, NJ 07601 D-04
`defendant | Address: Agent for Service: Paula O'Neill, 607 Norwich Avenue, Taftville, CT 06380
`Total number of plaintiffs: 1 Total number of defendants: 7 [x] Form JD-CV-2 attached for additional parties
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`Notice to each defendant
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`1. You are being sued. This is a summons in a lawsuit. The complaint attached states the claims the plaintiff is making against you.
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`2. To receive further notices, you or your attorney must file an Appearance (form JD-CL-12) with the clerk at the address above. Generally,
`it must be filed on or before the second day after the Return Date. The Return Date is not a hearing date. You do not have to come to
`court on the Return Date unless you receive a separate notice telling you to appear.
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`3. If you or your attorney do not file an Appearance on time, a default judgment may be entered against you. You can get an Appearance
`form at the court address above, or on-line at hitps:/jud.ct.gov/iwebforms/.
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`4. If you believe that you have insurance that may cover the claim being made against you in this lawsuit, you should immediately contact
`your insurance representative. Other actions you may take are described in the Connecticut Practice Book, which may be found in a
`superior court law library or on-line at https://www.jud.ct.gov/pb.htm.
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`5. If you have questions about the summons and complaint, you should talk to an attorney.
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`The court staff is not allowed to give advice on legal matters.
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`Date Signed (Sign and select proper box, @ Commissioner of Superior Court Name of person signing
`12/15/2025 4 O cierk | Eric J. Garofano
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`If this summons is signed by a Clerk: For Court Use Only
`a. The signing has been done so that the plaintiff(s) will not be denied access to the courts. File Dete
`b. Itis the responsibility of the plaintiff(s) to ensure that service is made in the manner provided by law.
`c. The court staff is not permitted to give any legal advice in connection with any lawsuit.
`d. The Clerk signing this summons at the request of the plaintiff(s) is not responsible in any way for any
`errors or omissions in the summons, any allegations contained in the complaint, or the service of the
`summons or complaint.
`| certify | have read and Signed (Self-represented plaintiff) Date Docket Number
`understand the above: 12/15/2025
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`Print Form_] Page 1 of 2 [_Reset Form |
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`CIVIL SUMMONS
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`CONTINUATION OF PARTIES
`JD-CV-2 Rev. 9-12
`
`STATE OF CONNECTICUT
`SUPERIOR COURT
`
`First named Plaintiff (Last, First, Middle Initial)
`Daniels, Erika
`
`First named Defendant (Last, First, Middle Initial)
`Ponemah Rlverbank, LLC
`
`Additional Plaintiffs
`
`Name (Last, First, Middle Initial, if individual) Address (Number, Street, Town and Zip Code) CODE
`03
`04
`05
`06
`07
`08
`09
`10
`11
`12
`13
`Additional Defendants
`Name (Last, First, Middle Initial, if individual) Address (Number, Street, Town and Zip Code) CODE
`Ponemah Riverbank Unit A South LLC 241 Hudson St, Hackensack, NJ 07601 05
`Agent for service: Paula O'Neill, 607 Norwich Ave Taftville, CT 06380 | og
`Ponemah Riverbank Unit B-2, LLC 241 Hudson St, Hackensack, NJ 07601 07
`Agent for Service: Paula O'Neill, 607 Norwich Ave Taftville, CT 06380 | o8
`Konover Residential Corporation 342 North Main Street, Suite 200, West Hartford, CT 06117 09
`Agent for Serviqe: The Simon Konover Company, 342 North Main 10
`Street, Suite 200, West Hartford, CT 06117
`11
`FOR COURT USE ONLY - File Date
`12
`13
`14 I Socketnumber
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`CIVIL SUMMONS-Continuation
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`CONWAY, LONDREGAN, SHEEHAN & MONAcoO, P.C.
`
`ATTORNEYS AT LAW
`
`38 HUNTINGTON ST. P.O. BOX 1351 NEW LONDON, CT 06320
`
`(860) 447-3171
`
`JURIS # 10792
`
`RETURN DATE: JANUARY 13 2025
`
`DOCKET NO.: KNL-CV25-6076207-S SUPERIOR COURT
`ERIKA DANIELS : J.D. OF NEW LONDON
`VS. : AT NEW LONDON
`PONEMAH RIVERBANK LLC, DECEMBER 15, 2025
`PONEMAH RIVERBANK HOLDINGS LLC,
`PONEMAH RIVERBANK MANAGING
`MEMBER LLC, PONEMAH RIVERBANK
`UNIT A NORTH LLC, PONEMAH RIVERBANK
`UNIT A SOUTH LLC, PONEMAH RIVERBANK
`UNIT B-2 LLC, KONOVER RESIDENTIAL
`CORPORATION
`
`AMENDED COMPLAINT
`
`COUNT ONE: Negligence against Ponemah Riverbank LLC
`
`1. At all times relevant hereto, the Plaintiff, Erika Daniels, was and is a resident of
`Taftville, Connecticut.
`
`2. The Defendant, Ponemah Riverbank LLC, at all relevant times hereto, was and
`is a limited liability company duly formed and organized in the State of New Jersey, and owned,
`possessed, leased, rented, controlled, maintained and/or were responsible for the maintenance,
`supervision and safety of the apartment complex known as “Lofts at Ponemah Mills” located at
`607 Norwich Avenue, Taftville, Connecticut.
`
`3. The Defendant, Ponemah Riverbank Holdings LLC, at all relevant times
`hereto, was and is a limited liability company duly formed and organized in the State of New
`
`Jersey, and owned, possessed, leased, rented, controlled, maintained and/or were responsible for
`
`
`
`
`
`
`
`
`
`CONWAY, LONDREGAN, SHEEHAN & MONAcCO, P.C.
`
`ATTORNEYS AT LAW
`38 HUNTINGTON ST. P.O. BOX 1351 NEW LONDON, CT 06320 (860)447-3171
`
`JURIS # 10792
`
`the maintenance, supervision and safety of the apartment complex known as “Lofts at Ponemah
`Mills” located at 607 Norwich Avenue, Taftville, Connecticut.
`
`4. The Defendant, Ponemah Riverbank Managing Member LLC, at all relevant
`times hereto, was and is a limited liability company duly formed and organized in the State of
`New Jersey, and owned, possessed, leased, rented, controlled, maintained and/or were
`responsible for the maintenance, supervision and safety of the apartment complex known as
`“Lofts at Ponemah Mills” located at 607 Norwich Avenue, Taftville, Connecticut.
`
`5. The Defendant, Pone_ghah Riverbank Unit A North LLC, at all relevant times
`hereto, was and is a limited liability company duly formed and organized in the State of New
`Jersey, and owned, possessed, leased, rented, controlled, maintained and/or were responsible for
`the maintenance, supervision and safety of the apartment complex known as “Lofts at Ponemah
`Mills” located at 607 Norwich AvenuF, Taftville, Connecticut.
`
`6. The Defendant, Ponemah Riverbank Unit A South LLC, at all relevant times
`hereto, was and is a limited liability company duly formed and organized in the State of New
`Jersey, and owned, possessed, leased, rented, controlled, maintained and/or were responsible for
`the maintenance, supervision and safety of the apartment complex known as “Lofts at Ponemah
`Mills” located at 607 Norwich Avenue, Taftville, Connecticut.
`
`7. The Defendant, Ponemah Riverbank Unit B-2 LLC, at all relevant times hereto,
`was and is a limited liability company duly formed and organized in the State of New Jersey, and
`
`owned, possessed, leased, rented, controlled, maintained and/or were responsible for the
`
`
`
`
`
`
`
`
`
`CONWAY, LONDREGAN, SHEEHAN & MONAco, P.C.
`
`ATTORNEYS AT LAW
`38 HUNTINGTON ST. PO. BOX 1351 NEW LONDON, CT 06320 (860)447-3171
`
`JURIS # 10792
`
`maintenance, supervision and safety of the apartment complex known as “Lofts at Ponemah
`Mills” located at 607 Norwich Avenue, Taftville, Connecticut.
`
`8. On or about August 30, 2023, the Plaintiff was walking out of her building
`towards the building’s parking lot whereupon she slipped and fell on stones that where in the
`walkway, which caused the injuries and damages as hereinafter set forth.
`
`9. The stones had come from landscaping beds near the walkway that did not have
`any landscaping edging or other barrier to prevent the stones from coming out of the beds and
`into the walkway.
`
`10. The Defendants were in ownership, possession, control and/or maintained the
`subject landscaping beds.
`
`11. The Defendant, Ponemah Riverbank LLC, through its agents, employees, and/or
`representatives was negligent and careless in one or more of the following respects in that it:
`
`a. Maintained landscaping beds filled with stones without any
`landscaping edging or other barrier to prevent the stones from coming out
`of the beds and into the walkway;
`
`b. allowed the aforesaid defective and unreasonably dangerous
`condition to exist near the subject walkway for such a period of time that
`the Defendant knew, or in the exercise of reasonable care, should have
`known of the existence of such defective and unreasonably dangerous
`
`condition and yet failed to remedy and correct the same;
`
`c. failed to properly inspect its property to ascertain that it was
`reasonably safe to use;
`
`
`
`
`
`
`
`
`
`CONWAY, LONDREGAN, SHEEHAN & MONAcCO, P.C.
`
`ATTORNEYS AT LAW
`38 HUNTINGTON ST. P.O. BOX 1351 NEW LONDON, CT 06320 (860) 447-3171
`
`JURIS # 10792
`
`12.
`
`allowed this hazardous condition to develop over a
`significant period of time during which the Defendant had ample
`opportunity to repair the defect;
`
`failed to place barriers around the landscaping beds to
`prevent stones from moving into the walkway;
`
`failed to place warning signs around the walkway so as to
`warn and protect lawful users from the defective and unreasonably
`dangerous condition;
`
`failed to adequately train its employees regarding safe practices for
`maintaining the subject landscaping beds and removing debris such as
`stones from the subject walkway;
`
`failed to remove or hire someone to properly maintain the
`landscaping beds and to remove accumulated debris from the subject
`walkway; and
`
`Knew or should have known that having landscaping beds
`filled with stones that did not have any barrier around them would cause
`stones to be scattered across the subject walkways.
`
`As a direct and proximate result of the negligence and carelessness of the
`
`Defendant, as aforesaid, the Plaintiff fell hard to the ground causing injuries including but not
`
`limited to her right foot, including a fracture of her fifth metatarsal, right ankle, right arm and
`
`right knee. To treat these injuries, the Plaintiff was placed upon a substantial program of physical
`
`therapy and was prescribed various types of medication. The injuries sustained by the Plaintiff
`
`will necessitate further care and are permanent in nature. Moreover, it is likely that the injuries to
`
`the Plaintiff will be the source of continuing pain and disability.
`
`
`
`
`
`
`
`
`
`CONWAY, LONDREGAN, SHEEHAN & MONACO, P.C.
`
`ATTORNEYS AT LAW
`38 HUNTINGTON ST. PO. BOX 1351 NEW LONDON, CT 06320 (860) 447-3171
`
`JURIS # 10792
`
`13. As a further result of the negligence and carelessness of the Defendant, as
`
`aforesaid, the Plaintiff was required to spend substantial sums of money for medical care,
`
`services, treatment, x-rays, drugs and other treatment necessitated by her injuries.
`
`COUNT TWO: Negligence against Ponemah Riverbank Holdings LL.C
`
`1-10. Paragraphs 1 through. 10 of Count One are hereby incorporated and re-alleged as
`
`Paragraphs 1 through 10 of Count Two as though fully set forth in Count Two.
`
`11. The Defendant, Ponemah Riverbank Holdings LLC, through its agents,
`
`employees, and/or representatives was negligent and careless in one or more of the following
`
`respects in that it:
`
`a.
`
`Maintained landscaping beds filled with stones without any landscaping
`edging or other barrier to prevent the stones from coming out of the beds
`and into the walkway;
`
`allowed the aforesaid defective and unreasonably dangerous condition to
`exist near the subject walkway for such a period of time that the
`Defendant knéw, or in the exercise of reasonable care, should have known
`of the existence of such defective and unreasonably dangerous condition
`and yet failed to remedy and correct the same;
`
`failed to properly inspect its property to ascertain that it was reasonably
`safe to use;
`
`allowed this hazardous condition to develop over a significant period of
`time during which the Defendant had ample opportunity to repair the
`defect;
`
`failed to place barriers around the landscaping beds to prevent stones from
`moving into the walkway;
`
`
`
`
`
`
`
`
`
`CONWAY, LONDREGAN, SHEEHAN & MONAcoO, P.C.
`
`ATTORNEYS AT LAW
`38 HUNTINGTON ST. P.O.BOX 1351 NEW LONDON, CT 06320 (860)447-3171
`
`JURIS # 10792
`
`f. failed to place warning signs around the walkway so as to warn and
`protect lawful users from the defective and unreasonably dangerous
`condition;
`
`g. failed to adequately train its employees regarding safe practices for
`
`maintaining the subject landscaping beds and removing debris such as
`stones from the subject walkway;
`
`h. failed to remove or hire someone to properly maintain the landscaping
`beds and to remove accumulated debris from the subject walkway; and
`
`i. Knew or should have known that having landscaping beds filled with
`stones that did not have any barrier around them would cause stones to be
`scattered across the subject walkways.
`
`12. As adirect and proximate result of the negligence and carelessness of the
`Defendant, as aforesaid, the Plaintiff fell hard to the ground causing injuries including but not
`limited to her right foot, including a fracture of her fifth metatarsal, right ankle, right arm and
`right knee. To treat these injuries, the Plaintiff was placed upon a substantial program of physical
`therapy and was prescribed various types of medication. The injuries sustained by the Plaintiff
`will necessitate further care and are permanent in nature. Moreover, it is likely that the injuries to
`the Plaintiff will be the source of continuing pain and disability.
`
`13. As a further result of the negligence and carelessness of the Defendant, as
`
`aforesaid, the Plaintiff was required to spend substantial sums of money for medical care,
`
`services, treatment, x-rays, drugs and other treatment necessitated by her injuries.
`
`COUNT THREE: Negligence against Ponemah Riverbank Managing Member LLC
`
`
`
`
`
`
`
`
`
`CONWAY, LONDREGAN, SHEEHAN & MONACcO, P.C.
`
`ATTORNEYS AT LAW
`38 HUNTINGTON ST. PO. BOX 1351 NEW LONDON, CT 06320 (860)447-3171
`
`JURIS # 10792
`
`1-10.
`
`Paragraphs 1 through 10 of Count One are hereby incorporated and re-alleged as
`
`Paragraphs 1 through 10 of Count Three as though fully set forth in Count Three.
`
`11.
`
`The Defendant, Ponemah Riverbank Managing Member LLC, through its agents,
`
`employees, and/or representatives was negligent and careless in one or more of the following
`
`respects in that it:
`
`a.
`
`Maintained landscaping beds filled with stones without any landscaping edging or
`other barrier to prevent the stones from coming out of the beds and into the
`walkway;
`
`allowed the aforesaid defective and unreasonably dangerous condition to exist
`near the subject walkway for such a period of time that the Defendant knew, or in
`the exercise of reasonable care, should have known of the existence of such
`defective and unreasonably dangerous condition and yet failed to remedy and
`correct the same;
`
`failed to properly insbect its property to ascertain that it was reasonably safe to
`use;
`
`allowed this hazardous condition to develop over a significant period of time
`during which the Defendant had ample opportunity to repair the defect;
`
`failed to place barriers around the landscaping beds to prevent stones from
`moving into the walkway;
`
`failed to place warning signs around the walkway so as to warn and protect lawful
`users from the defective and unreasonably dangerous condition;
`
`failed to adequately train its employees regarding safe practices for maintaining
`the subject landscaping beds and removing debris such as stones from the subject
`walkway;
`
`failed to remove or hire someone to properly maintain the landscaping beds and to
`remove accumulated debris from the subject walkway; and
`
`
`
`
`
`
`
`
`
`CONWAY, LONDREGAN, SHEEHAN & MONACO, P.C.
`
`ATTORNEYS AT LAW
`38 HUNTINGTON ST. P.O. BOX 1351 NEW LONDON, CT 06320 (860)447-3171
`
`JURIS # 10792
`
`i. Knew or should have known that having landscaping beds filled with stones that
`did not have any barrier around them would cause stones to be scattered across
`the subject walkways.
`
`12. As adirect and proximate result of the negligence and carelessness of the
`Defendant, as aforesaid, the Plaintiff fell hard to the ground causing injuries including but not
`limited to her right foot, including a fracture of her fifth metatarsal, right ankle, right arm and
`right knee. To treat these injuries, the Plaintiff was placed upon a substantial program of physical
`therapy and was prescribed various types of medication. The injuries sustained by the Plaintiff
`will necessitate further care and are permanent in nature. Moreover, it is likely that the injuries to
`the Plaintiff will be the source of continuing pain and disability.
`
`13. As a further result of the negligence and carelessness of the Defendant, as
`aforesaid, the Plaintiff was required to spend substantial sums of money for medical care,
`
`services, treatment, x-rays, drugs and other treatment necessitated by her injuries.
`
`COUNT FOUR: Negligence against Ponemah Riverbank Unit A North LL.C
`
`1-10. Paragraphs 1 through 10 of Count One are hereby incorporated and re-alleged as
`Paragraphs 1 through 10 of Count Four as though fully set forth in Count Four.
`
`11. The Defendant, Ponemah Riverbank Unit A North LLC, through its agents,
`employees, and/or representatives was negligent and careless in one or more of the following
`respects in that it:
`
`a. Maintained landscaping beds filled with stones without any landscaping edging or
`
`other barrier to prevent the stones from coming out of the beds and into the
`walkway;
`
`
`
`
`
`
`
`
`
`CONWAY, LONDREGAN, SHEEHAN & MONACO, P.C.
`
`ATTORNEYS AT LAW
`38 HUNTINGTON ST. PO. BOX 1351 NEW LONDON, CT 06320 (860)447-3171
`
`JURIS # 10792
`
`12.
`
`allowed the aforesaid defective and unreasonably dangerous condition to exist near
`the subject walkway for such a period of time that the Defendant knew, or in the
`exercise of reasonable care, should have known of the existence of such defective
`and unreasonably dangerous condition and yet failed to remedy and correct the
`same;
`
`failed to properly inspect its property to ascertain that it was reasonably safe to use;
`
`allowed this hazardous condition to develop over a significant period of time during
`which the Defendant had ample opportunity to repair the defect;
`
`failed to place barriers around the landscaping beds to prevent stones from moving
`into the walkway;
`
`failed to place warning.signs around the walkway so as to warn and protect lawful
`users from the defective and unreasonably dangerous condition;
`
`failed to adequately train its employees regarding safe practices for maintaining the
`subject landscaping beds and removing debris such as stones from the subject
`walkway;
`
`failed to remove or hire someone to properly maintain the landscaping beds and to
`remove accumulated debris from the subject walkway; and
`
`Knew or should have known that having landscaping beds filled with stones that did
`not have any barrier around them would cause stones to be scattered across the
`
`subject walkways.
`
`As a direct and proximate result of the negligence and carelessness of the
`
`Defendant, as aforesaid, the Plaintiff fell hard to the ground causing injuries including but not
`
`limited to her right foot, including a fracture of her fifth metatarsal, right ankle, right arm and
`
`right knee. To treat these injuries, the Plaintiff was placed upon a substantial program of physical
`
`therapy and was prescribed various types of medication. The injuries sustained by the Plaintiff
`
`
`
`
`
`
`
`
`
`CONWAY, LONDREGAN, SHEEHAN & MONACO, P.C.
`
`ATTORNEYS AT LAW
`38 HUNTINGTON ST. P.O. BOX 1351 NEW LONDON, CT 06320 (860) 447-3171
`
`JURIS # 10792
`
`will necessitate further care and are permanent in nature. Moreover, it is likely that the injuries to
`the Plaintiff will be the source of continuing pain and disability.
`
`13. As a further result of the negligence and carelessness of the Defendant, as
`aforesaid, the Plaintiff was required to spend substantial sums of money for medical care,
`services, treatment, x-rays, drugs and other treatment necessitated by her injuries.
`
`COUNT FIVE: Negligence against Ponemah Riverbank Unit A South LL.C
`
`1-10. Paragraphs 1 through 10 of Count One are hereby incorporated and re-alleged as
`Paragraphs 1 through 10 of Count Five as though fully set forth in Count Five.
`
`11. The Defendant, Ponemah Riverbank Unit A South LLC, through its agents,
`employees, and/or representatives was negligent and careless in one or more of the following
`respects in that it:
`
`a. Maintained landscaping beds filled with stones without any landscaping
`edging or other barrier to prevent the stones from coming out of the beds
`and into the walkway;
`
`b. allowed the aforesaid defective and unreasonably dangerous condition to
`exist near the subject walkway for such a period of time that the
`Defendant knew, or in the exercise of reasonable care, should have known
`of the existence of such defective and unreasonably dangerous condition
`
`and yet failed to remedy and correct the same;
`
`c. failed to properly inspect its property to ascertain that it was reasonably
`safe to use;
`
`d. allowed this hazardous condition to develop over a significant period of
`
`time during which the Defendant had ample opportunity to repair the
`defect;
`
`10
`
`
`
`
`
`
`
`
`
`CONWAY, LONDREGAN, SHEEHAN & MONAcO, P.C.
`
`ATTORNEYS AT LAW
`38 HUNTINGTON ST. P.O.BOX 1351 NEW LONDON, CT 06320 (860)447-3171
`
`JURIS # 10792
`
`12.
`
`failed to place barriers around the landscaping beds to prevent stones from
`moving into the walkway;
`
`failed to place warning signs around the walkway so as to warn and
`protect lawful users from the defective and unreasonably dangerous
`condition;
`
`failed to adequately train its employees regarding safe practices for
`maintaining the subject landscaping beds and removing debris such as
`stones from the subject walkway;
`
`failed to remove or hire someone to properly maintain the landscaping
`beds and to remove accumulated debris from the subject walkway; and
`
`Knew or should have known that having landscaping beds filled with
`stones that did not have any barrier around them would cause stones to be
`scattered across the subject walkways.
`
`As a direct and proximate result of the negligence and carelessness of the
`
`Defendant, as aforesaid, the Plaintiff fell hard to the ground causing injuries including but not
`
`limited to her right foot, including a fracture of her fifth metatarsal, right ankle, right arm and
`
`right knee. To treat these injuries, the Plaintiff was placed upon a substantial program of physical
`
`therapy and was prescribed various types of medication. The injuries sustained by the Plaintiff
`
`will necessitate further care and are permanent in nature. Moreover, it is likely that the injuries to
`
`the Plaintiff will be the source of continuing pain and disability.
`
`13.
`
`As a further result of the negligence and carelessness of the Defendant, as
`
`" aforesaid, the Plaintiff was required to spend substantial sums of money for medical care,
`
`services, treatment, x-rays, drugs and other treatment necessitated by her injuries.
`
`11
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`
`
`
`
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`
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`CONWAY, LONDREGAN, SHEEHAN & MONACO, P.C.
`
`ATTORNEYS AT LAW
`38 HUNTINGTON ST. P.O. BOX 1351 NEW LONDON, CT 06320 (860)447-3171
`
`JURIS # 10792
`
`COUNT SIX: Negligence against Ponemah Riverbank Unit B-2 LL.C
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`1-10. Paragraphs 1 through 10 of Count One are hereby incorporated and re-alleged as
`Paragraphs 1 through 10 of Count Six as though fully set forth in Count Six.
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`11. The Defendant, Ponemah Riverbank Unit B-2 LLC, through its agents,
`employees, and/or representatives was negligent and careless in one or more of the following
`respects in that it:
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`a. Maintained landscaping beds filled with stones without any landscaping
`edging or other barrier to prevent the stones from coming out of the beds
`and into the walkway;
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`b. allowed the aforesaid defective and unreasonably dangerous condition to
`exist near the subject walkway for such a period of time that the
`Defendant knew, or in the exercise of reasonable care, should have known
`of the existence of such defective and unreasonably dangerous condition
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`and yet failed to remedy and correct the same;
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`c. failed to properly inspect its property to ascertain that it was reasonably
`safe to use;
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`d. allowed this hazardous condition to develop over a significant period of
`time during which the Defendant had ample opportunity to repair the
`defect;
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`e. failed to place barriers around the landscaping beds to prevent stones from
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`moving into the walkway;
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`f. failed to place warning signs around the walkway so as to warn and
`protect lawful users from the defective and unreasonably dangerous
`condition;
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`g. failed to adequately train its employees regarding safe practices for
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`maintaining the subject landscaping beds and removing debris such as
`stones from the subject walkway;
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`CONWAY, LONDREGAN, SHEEHAN & MONACO, P.C.
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`ATTORNEYS AT LAW
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`38 HUNTINGTON ST. P.O. BOX 1351 NEW LONDON, CT 06320
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`(860) 447-3171
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`JURIS # 10792
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`h. failed to remove or hire someone to properly maintain the landscaping
`beds and to remove accumulated debris from the subject walkway; and
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`i Knew or should have known that having landscaping beds filled with
`stones that did not have any barrier around them would cause stones to be
`scattered across the subject walkways.
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`12. As adirect and proximate result of the negligence and carelessness of the
`Defendant, as aforesaid, the Plaintiff fell hard to the ground causing injuries including but not
`limited to her right foot, including a fracture of her fifth metatarsal, right ankle, right arm and
`right knee. To treat these injuries, the Plaintiff was placed upon a substantial program of physical
`therapy and was prescribed various types of medication. The injuries sustained by the Plaintiff
`will necessitate further care and are permanent in nature. Moreover, it is likely that the injuries to
`the Plaintiff will be the source of continuing pain and disability.
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`13. As a further result of the negligence and carelessness of the Defendant, as
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`aforesaid, the Plaintiff was required to spend substantial sums of money for medical care,
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`services, treatment, x-rays, drugs and other treatment necessitated by her injuries.
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`COUNT SEVEN: Negligence as to Konover Residential Corporation
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`1-10. Paragraphs 1 through 10 of Count One are hereby incorporated and re-alleged as
`Paragraphs 1 through 10 of Count Seven as though fully set forth in Count Seven.
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`11. The Defendant, Konover Residential Corporation, is a Connecticut corporation
`with a business address of 342 North Main Street, Suite 200, West Hartford, CT 06117
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`authorized to conduct business in the State of Connecticut and the Defendant Konover
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`CONWAY, LONDREGAN, SHEEHAN & MONACO, P.C.
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`ATTORNEYS AT LAW
`38 HUNTINGTON ST. P.O. BOX 1351 NEW LONDON, CT 06320 (860) 447-3171
`
`JURIS # 10792
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`Residential Corporation had a contract with Defendants Ponemah Riverbank LLC, Ponemah
`Riverbank Holdings LLC, Ponemah Riverbank Managing Member LLC, Ponemah Riverbank
`Unit A North LLC, Ponemah Riverbank Unit A South LLC, and Ponemah Riverbank Unit B-2
`LLC for property management on the subject premises where the Plaintiff fell.
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`8. The Defendant, Konover Residential Corporation, through its agents, employees,
`and/or representatives was negligent and careless in one or more of the following respects in that
`it:
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`a. Maintained landscaping beds filled with stones without any landscaping
`edging or other barrier to prevent the stones from coming out of the beds and
`into the walkway;
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`b. allowed the aforesaid defective and unreasonably dangerous condition to exist
`near the subject walkway for such a period of time that the Defendant knew,
`or in the exercise of reasonable care, should have known of the existence of
`such defective and unreasonably dangerous condition and yet failed to remedy
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`and correct the same;
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`c. failed to properly inspect its property to ascertain that it was reasonably safe
`to use;
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`d. allowed this hazardous condition to develop over a significant period of time
`during which the Defendant had ample opportunity to repair the defect;
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`e. failed to place barriers around the landscaping beds to prevent stones from
`moving into the walkway;
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`f. failed to place warning signs around the walkway so as to warn and protect
`lawful users from the defective and unreasonably dangerous condition;
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`g. failed to adequately train its employees regarding safe practices for
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`maintaining the subject landscaping beds and removing debris such as stones
`from the subject walkway;
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`CONWAY, LONDREGAN, SHEEHAN & MONAco, P.C.
`
`ATTORNEYS AT LAW
`38 HUNTINGTON ST. P.O. BOX 1351 NEW LONDON, CT 06320 (860)447-3171
`
`JURIS # 10792
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`h. failed to remove or hire someope to properly maintain the landscaping beds
`and to remove accumulated debris from the subject walkway; and
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`i. Knew or should have known that having landscaping beds filled with stones
`that did not have any barrier around them would cause stones to be scattered
`across the subject walkways.
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`9. As a direct a proximate result of the negligence and carelessness of the Defendant,
`as aforesaid, the Plaintiff fell hard to the ground causing injuries including but not limited to a
`fractured finger. To treat these injuries, the Plaintiff was placed upon a substantial program of
`physical therapy and was prescribed various types of medication. The injuries sustained by the
`Plaintiff will necessitate further care and are permanent in nature. Moreover, it is likely that the
`injuries to the Plaintiff will be the source of continuing pain and disability.
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`10. As a further result of the negligence and carelessness of the Defendant, as
`aforesaid, the Plaintiff was required to spend substantial sums of money for medical care,
`services, treatment, x-rays, drugs and other treatment necessitated by her injuries.
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`11. As a further direct and proximate result of the negligence and carelessness of the
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`Defendant, as aforesaid, the Plaintiff was in the past unable to pursue her usual course of
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`employment, thereby sustaining substantial financial loss.
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`CONWAY, LONDREGAN, SHEEHAN & MONACO, P.C.
`
`ATTORNEYS AT LAW
`38 HUNTINGTON ST. P.O. BOX 1351 NEW LONDON, CT 06320 (860) 447-3171
`
`JURIS # 10792
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`WHEREFORE, the Plaintiff respectfully prays for:
`1. Fair, just and reasonable