IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND
IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND
SANDY JENKINS - Plaintiff
V CASE NO.:
CONNECTIVE ENERGY- Defendant
COMPLAINT
Plaintiff, Sandy Jenkins, by and through their undersigned attorneys, Ronald V. Miller, Jr., and Miller &Zois, LLC, bring suit against Defendant Connective Energy and states as follows:
1. Plaintiff is a resident of Mt. Carmel, Pennsylvania.
2. Defendant Connective Energy carries on regular and substantial business in Baltimore City, Maryland.
3. On July 3, 2004 at 11:05 p.m., at 13601 Philadelphia SB Avenue in Ocean City, Maryland, Plaintiff suffered serious and permanent injuries as the result of an explosion that occurred on Defendant’s electrical pole (Connective pole 62496/95862 located on the bay side of 135th Street).
4. The explosion caused a cylinder measuring two inches long and 3/8 inches wide to become imbedded in Plaintiff’s right forearm.
COUNT I - Strict Liability-Defect in Design - Product Liability
Plaintiff re-alleges and incorporates by reference the allegations contained in Paragraph 1.
5. Defendant participated in sale and maintenance of a product.
6. Defendant maintained, installed and assembled the product which contained a defective condition because the design was defective and unsafe.
7. This design defect made the product unreasonably dangerous.
8. The system as assembled by Connective remained unchanged and was in the same condition at the time of the injury hereafter alleged.
9. As a direct and proximate cause of Defendant’s installation and maintenance of the defectively designed product, Plaintiff sustained permanent injury.
COUNT II - Negligent Design and/or Maintenance - Product Liability
Plaintiff re-alleges and incorporates by reference the allegations contained in Paragraph 1 through 9 of this Complaint.
10. Defendant built and/maintained an electrical system that had a defective design or was defectively maintained. Accordingly, defendant owed a duty to Plaintiff that the system was designed and maintained in such a way that made the system safe for its intended purpose.
11. Defendant knew or should have known when building and maintaining this electrical system that it was designed defectively or maintained, creating an unreasonable risk of injury to Plaintiff.
12. Plaintiff was negligent in failing to properly design, manufacture, install, maintain, and communicate the defect in the system to Plaintiff, creating a clear and immediate risk of serious injury. As a direct and proximate result, Plaintiff sustained serious injury.
COUNT III - Strict Liability-Abnormally Dangerous Activity - Products Liability
Plaintiff re-alleges and incorporates by reference the allegations contained in Paragraph 1 through 12 of this Complaint.
13. Defendant’s conduct in maintaining an electrical system in a public area constituted an abnormally dangerous activity which exposed Plaintiff to an unreasonable risk of harm.
14. At all relevant times, Defendant had control over the abnormally dangerous activity of maintaining the electrical system.
15. As set forth above, Plaintiff sustained injury as a direct and proximate cause of this unreasonably dangerous activity.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of FIVE MILLION DOLLARS ($5,000,000.00), plus interest, costs and any other relief this court deems appropriate.
Respectfully submitted,
MILLER & ZOIS, LLC
Ronald V. Miller, Jr.
Laura G. Zois
Empire Towers, Suite 615
7310 Ritchie Highway
Glen Burnie, Maryland 21061
(410)553-6000
Counsel for Plaintiffs
PLAINTIFF’S REQUEST FOR JURY TRIAL
Plaintiff pursuant to Maryland Rule 2-325, prays a trial by jury on all issues.