DOCUMENT 5

ELECTRONICALLY FILED
9/26/2019 10:36 AM
03-CV-2019-901775.00
CIRCUIT COURT OF
MONTGOMERY COUNTY, ALABAMA
GINA J. ISHMAN, CLERK

IN THE CIRCUIT COURT OF

MONTGOMERY COUNTY, ALABAMA

)
RAPHAEL GASTON )
404 Fieldbrook )
Montgomery, AL. 36104 )
)
Plaintiff )
)
)
v. ) NO. 03-CV-2019-901775
)
SKY BAR INC. )
3627 Debby Drive )
Montgomery, AL. 36116 )
MELINDA FUTRELL, )
INDIVIDUALLY and as )
AGENT of SKY BAR INC. )
2260 W. Fairview Ave. )
Montgomery, AL. )

Defendants
AMENDED COMPLAINT

PARTIES

1. Raphael Gaston (Herein referred to as Gaston) is an adult citizen residing at 404

Fieldbrook Dr. Montgomery Alabama and at all times material in this suit was an invitee

of Sky Bar Inc.

2. Sky Bar Inc. (Herein referred to as Sky Bar) is a domestic corporation with its

principle place of business at 3627 Debby Drive, Montgomery, Alabama and at all time

material hereto is a “Night Club” in the business of selling, among other things, alcohol

products to customers such as the plaintiff.

Complaint
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3. Melinda Futrell (Herein referred to as Futrell) in her individual capacity and as

agent of Sky Bar is an adult citizen and at all times material hereto is the owner and

operator of Sky Bar and and was acting as agent/employee of Sky Bar and acting in her

individual capacity.

VENUE

4. All acts making the basis of the action took place in Montgomery County

Alabama.

STATEMENT OF CASE

5. On or about September 15, 2019 plaintiff was an invitee of Sky Bar and Futrell

when plaintiff was shot multiple times while inside said Sky Bar.

6. Sky Bar and Futrell owed the plaintiff a duty of maintaining the premises in a

reasonably safe condition for its customers like the plaintiff.

7. In fact, because of prior incidences of violence at the Sky Bar, Sky Bar and

Futrell knew or should have known to take all precautions necessary to maintain the

premises in a reasonably safe condition for its customers like the plaintiff.

8. Prior incidences of violence put the Sky Bar and Futrell on notice that if Sky Bar

and Futrell did not take certain precautions that a customer/invitee such as the plaintiff

would likely be harmed.

9. Customers/invitees such as the plaintiff were within their right to expect that the

Sky Bar and Futrell were taking the proper precautions to to maintain the premises in a

reasonably safe condition for its customers like the plaintiff while said customer/invitees

were inside the Sky Bar spending their money so the Sky Bar and Futrell could make

Complaint
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money.

10. The Sky Bar and Futrell were in the business of making money by inviting

customers such as the plaintiff to come to the Sky Bar and spend money in the Sky Bar so

the Sky Bar and Futrell could make a profit.

11. The Sky Bar and Futrell profited from customers/invitees such as the plaintiff by

inviting them into the Sky Bar to spend their money.

12. By being in the business of profiting from customers/invitees such as the plaintiff

Sky Bar and Futrell owed a duty to said customers/invitees to to maintain the premises in

a reasonably safe condition for its customers like the plaintiff by providing a safe place to

spend their money.

13. Sky Bar and Futrell breached that duty by failing to to maintain the premises in a

reasonably safe condition for its customers like the plaintiff and failing to provide a safe

place for the plaintiff after being put on notice and as a result plaintiff suffered the

following injuries.

(a) Multiple gunshot wounds.

(b) Life threatening injuries.

© Pain and suffering.

(d) Permanent damages.

€ Mental anguish and emotional distress.

(f) Medical bills.

14. Plaintiff demands judgment for compensatory and punitive damages against both

defendants jointly and severally in an amount in excess of the jurisdictional limit of this

Court, plus Court cost and any other relief deemed appropriate.

Complaint
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COUNT I
NEGLIGENT AND/OR, RECKLESSNESS

15. For Count I of plaintiff’s complaint plaintiff incorporates all preceding paragraphs

and for the remainder avers the following:

16. Plaintiff avers that defendants acted negligently, and/or reckless and or wantonly

by failing to properly search customers for weapons and /or have a metal detector in

place.

17. Sky Bar and Futrell knew from previous incidents that customers were bringing

weapons into the business and failed provide proper security for its invitees.

18. As a result of the defendants Sky Bar and Futrell’s negligent and/or reckless

failure to provide a safe place for the plaintiff while plaintiff was a patron inside of the

Sky Bar plaintiff was injured.

COUNT II
NEGLIGENT, RECKLESS, WANTON HIRING, TRAINING AND SUPERVISION

19. For Count II of plaintiff’s complaint plaintiff incorporates all preceding

paragraphs and for the remainder avers the following:

20. Plaintiff avers that defendants Sky Bar and Futrell were negligent, and/or

reckless, and/or wanton in its hiring, and/or training, and/or supervising its employees

and/or agents.

21. Sky Bar and Futrell knew or should have known that weapons were being into the

Complaint
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business and failed to prevent it by not having policy and procedures in place or failed to

follow proper policy and procedures.

22. As a result of the defendants Sky Bar and Futrell’s negligent and/or reckless

and/or wanton hiring, training, and supervision plaintiff suffered injuries.

COUNT III
WANTON CONDUCT

23. For Count III of plaintiff’s complaint plaintiff incorporates all preceding

paragraphs and for the remainder avers the following:

24. Plaintiff avers that the Sky Bar and Futrell had experienced previous violence

inside and around the business including previous shootings prior to the incident in

question.

25. Sky Bar and Futrell knew/or should have known that weapons were being allowed

inside of the business.

26. The Sky Bar and Futrell knew that allowing weapons into the business that

someone was likely to be injured.

27. Sky Bar and Futrell failed to maintain the premises in a reasonably safe condition

by allowing weapons to be brought into the business.

28. As a result of the defendants Sky Bar and Futrell’s wanton conduct plaintiff

suffered injuries.

PLAINTIFF DEMANDS TRIAL BY JURY

Complaint
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/s/William D. Azar
William D. Azar (AZA005)
ASB3731-Z59W
Attorney for Plaintiff

OF COUNSEL:
William D. Azar Attorney P.C.
800 S. McDonough St.
Montgomery, Alabama 36104
(334) 269-9700
wdazar@al-lawyers.com

Complaint
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