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Case 1:14-cv-01999-APM

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

LEANDER STOCKS, 2359 24 th Street, S.E., #1801 Washington, DC 20020

Plaintiff,

v.

THE CORDISH COMPANIES, INC Served: Registered Agent RC VENTURES, INC. 601 East Pratt St. - 6th Floor Baltimore, MD 21202

and

PPE CASINO RESORTS MARYLAND, LLC and MARYLAND LIVE! CASINO #777 Serve: Registered Agent CSC Lawyers Incorporating Service Company 7 ST. Paul Street - Suite 820 Baltimore, MD 21202

Defendants.

Civil Action No.: 1:14-cv-01999-APM

SECOND AMENDED COMPLAINT

Leander Stocks (“Plaintiff”) brings this Complaint for negligence and battery

against Defendants, The Cordish Companies, Inc., PPE Casino Resorts Maryland. LLC,

and Maryland Live! Casino #777, (“Defendant”) and states the following:

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked under diversity of citizenship pursuant

to 28 U.S.C. §1332(a).

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2. Jurisdiction is also present over Defendants pursuant to D.C. Code §§ 13-

423, 13-423(a).

3. Defendants purposefully direct activities toward the residents of the

District of Columbia through advertising on Washington, D.C. television stations with the

aim of attracting District of Columbia residents to Maryland Live! Casino #777.

4. Defendants purposefully solicit patronage and derive revenue from

District of Columbia residents through a persistent course of conduct within the District

of Columbia and thereby avail themselves of the benefits, protections and obligations

imposed pursuant to the laws of the District of Columbia.

PARTIES

1. Plaintiff, Leander Stocks is a resident of Washington, DC and has always

been a resident of Washington, DC at all times relevant to the cause of action herein.

2. At all times relevant to the cause of action herein, Defendant, The Cordish

Companies, Inc., is a Maryland corporation with its corporate office and headquarters in

Baltimore, Maryland.

3. At all times relevant to the cause of action herein, Defendant, PPE Casino

Resorts Maryland, LLC is a Maryland limited liability company registered in Baltimore,

Maryland.

4. At all times relevant to the cause of action herein Defendant, Maryland

Live! Casino #777 is a gambling and entertainment venue located in Hanover, Maryland

that catered to, among others, the Washington, DC and Baltimore, MD metropolitan

communities.

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5. At all times relevant to the cause of action herein Maryland Live! Casino

#777’s registered (primary) owner is PPE Casino Resorts Maryland, LLC.

6. At all times relevant to the cause of action herein, PPE Casino Resorts

Maryland, LLC is owned, operated or managed by The Cordish Companies, Inc., as its

affiliate or subsidiary.

7. At all times relevant to the cause of action herein, The Cordish Companies

Inc., through its affiliate or subsidiary, PPE Casino Resorts Maryland, through Maryland

Live Casino #777 consistently and purposefully conducted business in Washington, DC

soliciting, attracting, enticing or otherwise drawing District residents to patronize

Defendant Maryland Live! Casino #777’s gaming facility.

STATEMENT OF CLAIMS

COUNT I

1. At or about 12:00 am on December 15, 2013, Plaintiff was a business

invitee of Defendant Maryland Live! Casino #777.

2. Plaintiff was wagering at one of Defendant Maryland Live! Casino #777’s

roulette wheels when the Defendant’s employee operating the device negligently caused

the wheel’s hard ball to become airborne and strike the Plaintiff just above the left eye at

high velocity.

3. That initial impact caused a sharp and severe pain followed by general

disorientation in the Plaintiff and required one of Defendant’s security employees to

assist Plaintiff from the gaming area to a secure, private room of the casino for his

comfort, recovery and/or further assessment.

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4. Once in the private room, Plaintiff was able to lie down on a bench to wait

for the pain above his eye to subside and for a cold compress to apply to the bruised area.

5. While Plaintiff was so reclining, and without warning or consent, the

Defendant’s aforementioned security employee began to administer unidentified liquid

drops directly into Plaintiff’s left eye despite the prominent contusion above that eye.

6. Plaintiff’s reaction to this unwanted touching and unauthorized medical

procedure was immediate blurred vision, increased pain and discomfort in the affected

area, overwhelming disorientation and pronounced loss of physical coordination.

7. Attempting to rise from the bench in this distressed physical and mental

state, the Plaintiff experienced severe disorientation that caused him to fall forward,

violently hit the front and top of his head against the hardwood door to the room, and lose

consciousness.

8. The injuries sustained in the fall required that the Plaintiff be taken to a

local hospital emergency room where he was evaluated and treated for the concussion

sustained in the fall and the contusion resulting from being struck by the roulette wheel

ball.

9. From that initial medical treatment in the early morning hours of

December 15, 2013, Plaintiff has continued to suffer bouts of blurred vision, occasional

loss of coordination and regular episodes of post-traumatic headaches to the present, this

despite repeated medical evaluations and treatment.

10. Plaintiff avers that these episodic incidents of debilitating headaches,

blurred vision and loss of coordination are the result of both negligent and willful

misconduct by the Defendant Maryland Live! Casino #777’s employees, to wit:

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Defendant’s negligent operation of its roulette wheel that caused Plaintiff to sustain the

contusion above his eye; and, Defendant’s willfully aggressive and unwelcomed

administration of an unknown liquid directly into Plaintiff’s eye, which caused him to

suffer, among other things, a syncopal episode leading to his fall and ensuing concussion.

11. The physical and emotional damage done to the Plaintiff by the

Defendants’ negligent and willful misconduct has demonstrably diminished the

Plaintiff’s quality of life and the enjoyment thereof since sustaining his injuries and will

continue to do so into the foreseeable future.

COUNT II

1. Plaintiff reiterates herein all of the allegations set forth in Count I above

and incorporates the same as if set forth at length.

2. Plaintiff avers that the Defendant Maryland Live! Casino #777’s

unwelcomed, unwanted and willful act of placing unidentified liquid directly into

Plaintiff’s eye amounted to a battery to his person done in wanton and reckless disregard

for plaintiff's rights to be free of unsolicited medical treatment and/or other batteries to

his person and rise therefore to the level of malice.

3. That act of unwanted touching proximately caused Plaintiff to suffer a

concussion and its continuing consequences manifesting in episodic incidents of

debilitating headaches, blurred vision and loss of coordination and general diminishment

in Plaintiff’s quality of life and the peaceful enjoyment thereof.

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PRAYER FOR RELIEF

COUNT I

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WHEREFORE, Plaintiff Leander Stocks demands judgment against Defendants

for Count I as follows:

1. Prays for judgment against the Defendants in the amount of One Hundred

Fifty Thousand ($150,000.00) Dollars, plus pre-judgment and post-judgment interest;

2. Plaintiff prays for interest at a rate determined by the jury on the principal

amount or a portion thereof, as set by the jury, for a term commencing December 15,

2013;

3. Plaintiff prays for reimbursement for Court costs expended herein;

4. Plaintiff reserves his right to amend his Complaint up to and including the

date of the trial of this matter; and

5. Such other and further relief as the Court deems just and proper.

COUNT II

WHEREFORE, Plaintiff Leander Stocks demands judgment against Defendants

for Count II as follows:

1. Plaintiff prays for judgment against Defendants for Punitive Damages in

the amount of One Hundred Fifty Thousand ($150,000.00) Dollars plus pre-judgment and

post-judgment interest;

2. Plaintiff prays for interest at a rate determined by the jury on the principal

amount or a portion thereof, as set by the jury, for a term commencing December 15,

2013;

3. Plaintiff prays for reimbursement for Court costs expended herein;

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4. Plaintiff reserves his right to amend his Complaint up to and including the

date of the trial of this matter; and

5. Such other and further relief as the Court deems just and proper.

JURY TRIAL DEMAND

Plaintiff demands a trial by jury of all issues so triable.

Dated: February 25, 2015

Respectfully submitted,

/s/ Deborah D. Wright 429549 Law Office of Deborah D Wright P.O. Box 34314 Washington, DC 20043

202.251.0677

(o)

202.688.1841

(f)

ddwright165@gmail.com

Counsel for Plaintiff Leander Stocks

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