posted May 13, 2003
A woman who was injured when the ceiling collapsed at the Downtown YMCA swimming pool last June 2 has filed a $150,000 lawsuit in Circuit Court.
Kendal S. Pactor said she was hit by a large piece of the ceiling and suffered disabling injuries.
She said her two children were also hit and were pushed underneath the water. She said she was able to emerge and rescue the two children.
The suit, filed by attorney Gary Starnes, said the YMCA had been warned there was corrosion around the supports holding the heating and air conditioning equipment above the ceiling.
It says it was those units that came loose, causing the ceiling to collapse.
Here is the full text of the lawsuti:
IN THE CIRCUIT COURT OF HAMILTON COUNTY, TENNESSEE
KENDAL S. PACTOR,
Plaintiff,
vs. Docket No. __________
JURY DEMAND
YOUNG MEN’S CHRISTIAN
ASSOCIATION OF METROPOLITAN
CHATTANOOGA,
Defendant.
COMPLAINT FOR DAMAGES
Comes the Plaintiff, Kendal S. Pactor, by her attorney, and for her cause of action against the Defendant, Young Men’s Christian Association of Metropolitan Chattanooga (hereinafter “Chattanooga YMCA”) says as follows:
I.
Plaintiff Kendal S. Pactor is a citizen and resident of Chattanooga, Hamilton County, Tennessee with a residence address of 5518A O’Leary Street, Chattanooga, Tennessee 37410.
II.
Defendant Chattanooga YMCA is a corporation authorized to transact business in the State of Tennessee and is conducting business at 301 W. 6th Street, Chattanooga, Tennessee. Defendant Chattanooga YMCA can be served with process through its registered agent: Nelson Irvine, 1000 Tallan Building, Two Union Square, Chattanooga, Tennessee 37402.
III.
On June 2, 2002, Plaintiff and her two (2) minor children entered the Chattanooga YMCA premises located at 301 W. 6th Street, Chattanooga, Tennessee. Ms. Pactor paid an entry fee charged by the Chattanooga YMCA and thus she and her two (2) minor children were guests, invitees, and customers of the Chattanooga YMCA. Ms. Pactor and her two (2) minor children were allowed to use the facilities that are open to the general public and members.
Ms. Pactor and her two (2) minor children were swimming in the indoor swimming pool provided by the Chattanooga YMCA. Suddenly and without warning, the entire ceiling over the indoor swimming pool collapsed and came crashing down on top of Ms. Pactor and her two (2) minor children. Ms. Pactor lifted up her arms and tried to shield herself and her two (2) minor children from the collapsing ceiling.
Despite her efforts, Ms. Pactor was struck by a very large, steel and/or wood beam which dazed Ms. Pactor and rendered her semi-unconscious. Ms. Pactor’s two (2) minor children were also hit by the collapsed ceiling. Ms. Pactor and her two (2) minor children were then trapped underneath the swimming pool water and debris for a period of time causing Ms. Pactor and her two (2) minor children extreme terror and fright as they all thought that they were going to drown. Somehow, Ms. Pactor was able to break through the collapsed debris , regain her breath and pull both herself and her two (2) minor children to safety.
IV.
Based upon present knowledge, information, and belief, the ceiling directly above the indoor swimming pool at the Defendant Chattanooga YMCA did not per se collapse. Instead, the heating and air conditioning units and ductwork, located directly above the indoor swimming pool and above the ceiling tiles, collapsed which in turn caused the ceiling tiles and other support structures to collapse into the indoor swimming pool.
Subsequent to the collapse, various inspections reveled that severe corrosion had developed around the support mechanisms holding up the heating and air conditioning units and duct work. This severe corrosion caused the supporting mechanisms to fail and consequently the heating and air conditioning units and ductwork collapsed into the indoor swimming pool.
V.
Prior to the collapse of the heating and air conditioning units and duct work on June 2,2002, one of the locker rooms adjacent to the indoor swimming pool at the Defendant Chattanooga YMCA, believed to be the men’s locker room, needed substantial repairs including replacement and/or repair of the heating and air conditioning unit and duct work.
During this replacement and/or repair process, Defendant Chattanooga YMCA was informed that severe corrosion had developed in and around the heating and air conditioning unit and duct work causing failure of the support mechanisms and damage to the system itself thus necessitating replacement of the heating and air conditioning system and duct work. Defendant Chattanooga YMCA was also informed that this severe corrosion was caused by the chemicals and other processes in the indoor swimming pool.
Therefore, Defendant Chattanooga YMCA had prior knowledge of the severe corrosion not only in the locker rooms but potentially throughout the entire facility including the indoor swimming pool. Despite this prior knowledge of the dangerous corrosion, Defendant Chattanooga YMCA did nothing to inspect the remaining premises, including the indoor swimming pool, to check for other corrosion problems and to correct same if necessary.
VI.
Based upon information and belief, it is believed that the National YMCA organization sent out a memorandum and/or written warning to various branches of the YMCA throughout the country advising the various branches about the possibility of severe corrosion problems in and around indoor swimming pools. Despite this prior knowledge of the dangerous corrosion, Defendant Chattanooga YMCA did nothing to inspect its premises, including the indoor swimming pool, to check for other corrosion problems and to correct same if necessary.
VII.
Defendant Chattanooga YMCA owed a duty to Plaintiff Kendal S. Pactor to maintain its premises in a safe condition to protect guests, customers, and invitees from unreasonable risks of harm. Plaintiff avers that Defendant Chattanooga YMCA breached that duty and proximately caused Plaintiff’s injuries, damages, and losses.
VIII.
Plaintiff Kendal S. Pactor further avers that the entire area in and around Defendant Chattanooga YMCA’s indoor swimming pool constituted a dangerous and hazardous condition. Defendant Chattanooga YMCA and/or their representatives’ failed to warn Plaintiff and her two (2) minor children about this dangerous and hazardous condition despite having prior knowledge of same. Plaintiff Kendal S. Pactor also avers that Defendant Chattanooga YMCA had actual knowledge of the dangerous and hazardous condition and failed to take action to avoid injuring guests, invitees, and customers including Plaintiff. Thus, Plaintiff avers that Defendant Chattanooga YMCA breached its duty to warn Plaintiff and that said breach proximately caused Plaintiff’s resulting injuries, damages, and losses.
IX.
Plaintiff Kendal S. Pactor further avers that the instrumentality that proximately caused Plaintiff’s injuries was within the exclusive control of Defendant Chattanooga YMCA and her injuries could not have occurred without the Defendant Chattanooga YMCA’s negligence and reckless conduct. Thus, Plaintiff avers that the doctrine of res ipsa loquitor applies and imports liability on Defendant Chattanooga YMCA in this action.
X.
Plaintiff also avers that Defendant Chattanooga YMCA failed to inspect its premises and failed to comply with various local, state, and national building codes with regard to its facilities including the indoor swimming pool. Plaintiff avers that these acts of commission and omission by Defendant Chattanooga YMCA proximately caused Plaintiff’s injuries, damages, and losses.
XI.
Plaintiff Kendal S. Pactor sustained serious and permanently disabling injuries to her body, including but not limited to, her head, neck, shoulders, arms, and back. Plaintiff further avers that she suffered extreme mental anguish and emotional distress, has incurred past and present medical expenses, and will incur future medical expenses. Plaintiff further avers that this accident has permanently changed and altered her lifestyle thus causing her to lose enjoyment of her present and future life, incur loss of income, and lost future earnings income. Plaintiff further avers that her injuries, damages, and losses were proximately caused by the sole negligent and reckless conduct of Defendant Chattanooga YMCA.
XII.
Plaintiff avers that Defendant Chattanooga YMCA and its representatives knew about the dangerous and hazardous corrosion problems in and around the indoor swimming pool and locker rooms prior to Plaintiff’s injuries on June 2, 2002. Plaintiff avers that the actions of Defendant Chattanooga YMCA were willful, intentional, reckless, and in conscious disregard for the safety of guests, customers, employees, including Plaintiff Kendal S. Pactor. Thus, Plaintiff sues Defendant Chattanooga YMCA for punitive damages.
XIII.
Plaintiff further sues Defendant Chattanooga YMCA for all other further and general relief to which she may be entitled.
XIV.
Plaintiff reserves the right to amend her complaint to add other party Defendants who might be liable or claimed to be liable under the doctrine of comparative negligence.
WHEREFORE, Plaintiff Kendal S. Pactor sues Defendant Chattanooga YMCA for compensatory damages in the amount of One Hundred Thousand and 00/100 Dollars ($100,000.00) and punitive damages in the amount of Fifty Thousand and 00/100 Dollars ($50,000.00). Plaintiff further sues Defendant Chattanooga YMCA to recover any and all costs, including but not limited to, discretionary costs, expert fees, and other related expenses incurred in this lawsuit. PLAINTIFF DEMANDS A JURY TO TRY THE ISSUES OF THIS CAUSE.
Respectfully submitted,
___________________________________ Gary W. Starnes, Esquire
Attorney at Law
Suite 404 Dome Building
736 Georgia Avenue
Chattanooga, Tennessee 37402
(423) 266-7800
(424) 266-7193 (fax)
BPR #012476
Attorney for Plaintiff
Pactor vs. Chattanooga YMCA.Complaint
for Damages
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