I .. \ IN THE CIRCUIT COURT OF HARRISON COUNTY, MI~S~~8 ;; !OJ ~ CONNIE LADNER £re'tl1~~Wo:m SYLVIA JUNE ABBOTT, Plaintiff V. CIVIL ACTION NO: ft21lt\-\1- \~ UNITED SONS OF CONFEDERATE VETERANS, INC., d/b/a BEAUVOIR Defendant FILED: _ _ _ _ _ _ __ DEPUTY CLERK COMPLAINT FOR DAMAGES JURY TRIAL REQUESTED COMES NOW Plaintiff, Sylvia June Abbott, in the above styled and numbered cause, by and through her attorney of record, and files her Complaint against the Defendant, United Sons of Confederate Veterans, Inc., and in support of said claim for relief would show unto this Honorable Court the following facts, to-wit: I. That Plaintiff, Sylvia June Abbott, is an adult resident citizen of Florida. II. That the Defendant, United Sons of Confederate Veterans, Inc., is a non-profit corporation, authorized to do business in the State of Mississippi, and may be served through its agent for service of process, Robert S. Murphree, 1909 Petit Bois North, Jackson, MS 39211. III. On or about October 20, 2015, Plaintiff, Sylvia June Abbott was an invited guest at Beauvoir, located at municipal address 2244 Beach Blvd, Biloxi, Mississippi. Beauvoir is the former home of Jefferson Davis, who was President of the Confederate States of America Case: 24CI1:17-cv-00104 1 Document #: 1 Filed: 05/08/2017 Page 1 of 5 D.C. throughout the American Civil War. The premises includes not only the former home of said President, but various other attractions such as a cemetery. The premises is operated by Defendant, United Sons of Confederate Veterans, Inc. IV. Beauvoir is located at municipal address 2244 Beach Blvd, Biloxi, Mississippi. Defendant, United Sons of Confederate Veterans, Inc., owned, operated, and/or had custody over the premises of Beauvoir at all relevant times. V. As Ms. Abbott was visiting the premises, she was attacked by a camel kept there by Defendant. Defendant kept this animal on the premises as an attraction, knowing that this animal had previously behaved dangerously. As a result of this attack, Ms. Abbott suffered serious injuries and fractures, including, but not limited to, injuries to her back and wrist. VI. As a result of the above described incident, Ms. Abbott has also experienced physical and mental pain and suffering and has undergone treatment with physicians. Ms. Abbott will incur future medical expenses, possible future surgeries, loss of enjoyment of life, loss of consortium, and other damages that may be proven at the trial on the merits. VII. At all relevant times, United Sons of Confederate Veterans, Inc. either created, knew, or in the exercise of reasonable care should have known, of the ruin, vice, and/or dangerous condition that caused Ms. Abbott' injuries. Additionally, Ms. Abbott' injuries could have been prevented by the exercise of reasonable care, which the United Sons of Confederate Veterans, Inc. failed to exercise. Case: 24CI1:17-cv-00104 2 Document #: 1 Filed: 05/08/2017 Page 2 of 5 . VIII. The injuries and damages sustained by Plaintiff were caused by the negligent acts of omission and/or commission on the part of United Sons of Confederate Veterans, Inc., including but not limited to: a. Failing to keep its premises in a reasonably safe condition; b. Owning an animal with a propensity toward attacks and failing to confine the animal in contravention of Federal, State and/or local laws; c. Creating and maintaining a hazardous condition by keeping a dangerous animal in an area where customers and/or patrons were known to frequent; d. Failing to use a reasonable effort to keep the premises free of the unreasonably dangerous conditions that gave rise to Ms. Abbott's damages; e. Failing to prevent Ms. Abbott from suffering harm on the property; f. Failing to warn Ms. Abbott of the dangerous condition existing on the property; g. Failing to use reasonable care to keep the property free of hazardous conditions; h. Failing to properly inspect the property; 1. Failing to provide a safe environment for customers; J. Failing to warn Ms. Abbott of the property's unreasonable risks of harm; k. Failing to implement proper procedures to maintain a safe environment for customers and/or patrons; 1. Failing to implement a proper plan to inspect and remove hazardous and unreasonable dangerous conditions; m. Failing to provide a hazard-free environment for Ms. Abbott on the property; n. Failing to remedy unreasonably dangerous hazards that Defendant had actual knowledge or constructive knowledge thereof; Case: 24CI1:17-cv-00104 3 Document #: 1 Filed: 05/08/2017 Page 3 of 5 o. Such other acts and omissions as will be shown at the trial, all of which were in contravention of the exercise of due care, prudence and the laws of the State of Mississippi, which are specifically pleaded herein as though copied in extenso. IX. Defendant is liable unto Plaintiff jointly, severally and in solido for the damages that Sylvia June Abbott sustained as a result of the incident at issue. X. Specifically, Plaintiff itemizes the damages which she suffered that were proximately caused by the above described negligence andJor intentional acts of Defendant as follows: a. Past physical pain, suffering, and discomfort; b. Past mental anguish, aggravation, and annoyance; c. Future physical pain, suffering, and discomfort; d. Future mental anguish, aggravation, and annoyance; e. Past medical expenses; f. Future medical expenses; g. Property damage; h. Loss of enjoyment of life; 1. Disability from working to earn an income; J. Destruction of earning capacity; and k. Disability from engaging in recreation. XI. Plaintiff additionally specifically pleads the doctrine of vicarious liability regarding the employees of United Sons of Confederate Veterans, Inc. Case: 24CI1:17-cv-00104 4 Document #: 1 Filed: 05/08/2017 Page 4 of 5 ·. WHEREFORE, PREMISES CONSIDERED, Plaintiff, Sylvia June Abbott, hereby sues and demands judgment of and from the Defendant, both jointly and severally, in an amount within the jurisdictional limits of this Honorable Court, together with pre- and post-judgment interest, punitive damages and costs. Respectfully submitted, HUBER, SLACK, THOMAS & MARCELLE CHARLES M. THOMAS, MS BAR NO. 104049 1100 Poydras Street, Suite 2200 New Orleans, LA 70163 Telephone: (504) 274-2500 Facsimile: (504) 910-0838 charlie@huberslack.com ATTORNEY FOR PLAINTIFF PLEASE SERVE: UNITED SONS OF CONFEDERATE VETERANS, INC. Through their registered agent: Robert S. Murphree 1909 Petit Bois North Jackson, MS 39211 Case: 24CI1:17-cv-00104 5 Document #: 1 Filed: 05/08/2017 Page 5 of 5