STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF MONROE

MARIAH DODDS,
J.P., by his next friend MARIAH DODDS,
DENISE ROBERTS,
MARTIN ROBERTS
PATRICIA RATHS,
ALYSSA SIGLER,
LIA STITH,
JOSH STITH, AND
KATHY SIGLER

Plaintiff, Case No. 24-147595-NI

-vs- Hon. Daniel White

VERNA’S TAVERN INC.,

MARSHELLA CHIDESTER,
SWAN BOAT CLUB,
AUTO-OWNERS INSURANCE CO.,
PROGRESSIVE MARATHON INS. CO.,
ALLSTATE FIRE AND CASUALTY CO.

Defendants.
JONATHAN R. MARKO (P72450)
MICHAEL L. JONES (P85223)
MARKO LAW, PLLC
Attorney for Plaintiff
220 W Congress, 4th Floor
Detroit, MI 48226
P: (313) 777-7529 / F: (313) 470-2011
[email protected]
[email protected]

AMENDED COMPLAINT

1
PLAINTIFF’S AMENDED COMPLAINT FOR DAMAGES
Mariah Dodds et al v Verna’s Tavern, Marshella Chidester, Swan Boat Club, et al Michael L. Jones, Esq.
Case No.: 24-147595-NI Jon R. Marko, Esq.
 NOW COMES Plaintiffs, MARIAH DODDS, as Next of Friend for J.P., DENISE

ROBERTS, MARTIN ROBERTS, PATRICIA RATHS, ALYSSA SIGLER, LIA STITH,

JOSH STITH, and KATHY SIGLER by and through their attorneys, MARKO LAW,

PLLC and for their Complaint against the Defendants named herein, states as follows:

JURISDICTION AND VENUE

1. This is a negligence claim arising out of a car crash on April 20, 2024, at the

Swan Boat Club, 6332 Brancheau Road, Newport, in Monroe County, Michigan.

2. Plaintiffs Mariah Dodds and J.P. Dodds are residents of Wayne County,

Michigan.

3. Plaintiff Denise Roberts is a resident of Wayne County, Michigan.

4. Plaintiff Martin Roberts is a resident of Wayne County, Michigan.

5. Plaintiff Pat Raths is a resident of Wayne County, Michigan.

6. Plaintiff Alyssa Sigler is a resident of Wayne County, Michigan.

7. Plaintiff Lia Stith is a resident of Wayne County, Michigan.

8. Plaintiff Josh Stith is a resident of Wayne County, Michigan.

9. Plaintiff Kathy Sigler is a resident of Monroe County, Michigan.

10. Defendant Verna’s Tavern Inc. is a domestic profit corporation conducting

business in Newport, Michigan in the County of Monroe.

11. Defendant Marshella Chidester resides in Monroe County, Michigan.

12. Defendant Swan Boat Club is a domestic nonprofit corporation conducting

business in Newport, Michigan in the County of Monroe.

2
PLAINTIFF’S AMENDED COMPLAINT FOR DAMAGES
Mariah Dodds et al v Verna’s Tavern, Marshella Chidester, Swan Boat Club, et al Michael L. Jones, Esq.
Case No.: 24-147595-NI Jon R. Marko, Esq.
 13. Defendant Auto-Owners Insurance Company is a domestic corporation and is

an insurance corporation licensed in the State of Michigan and doing business in the county of

Monroe.

14. Defendant Progressive Marathon Insurance Company is a domestic corporation

and is an insurance corporation licensed in the State of Michigan and doing business in the

county of Monroe.

15. The amount in controversy greatly exceeds this Court’s jurisdictional

requirement.

FACTUAL ALLEGATIONS

16. On or about April 20, 2024, Defendant Chidester drove her vehicle through the

wall of the Swan Boat Club and into a child’s birthday party.

17. Two of Plaintiff Mariah Dodds’ children were pronounced dead at the scene.

18. Monroe County Sheriff’s Office took Chidester into custody on suspicion of

operating a vehicle while intoxicated causing death.

19. Plaintiff Dodds was seriously injured as a result of the crash.

20. Plaintiff J.P. was seriously injured as a result of the crash.

21. Plaintiff Denise Roberts was standing with her back to the wall Chidestar’s car

came through. She heard a loud boom, which sounded like a bomb went off. The next thing

she remembers was her husband, Plaintiff Martin Roberts, found her and sat her up on the

floor. She suffered a traumatic brain injury and back pain.

3
PLAINTIFF’S AMENDED COMPLAINT FOR DAMAGES
Mariah Dodds et al v Verna’s Tavern, Marshella Chidester, Swan Boat Club, et al Michael L. Jones, Esq.
Case No.: 24-147595-NI Jon R. Marko, Esq.
 22. Plaintiff Raths was sitting about a foot away from where Chidester crashed her

car through the wall. Raths lost consciousness. Her son picked her up and put her in a chair.

She suffered serious injuries.

23. Plaintiff Alyssa Sigler was thrown to the ground from the impact. She lost

consciousness. When she regained consciousness, she immediately tended to her stepdaughter,

Lia Stith, who was seriously injured as a result of the crash. Alyssa Sigler was seriously injured

as a result of the crash.

24. Plaintiff Josh Stith was seriously injured as a result of the crash. He witnessed

his wife and daughter seriously injured at the scene.

25. Plaintiff Lia Stith was seriously injured as a result of the crash.

26. Plaintiff Kathy Sigler witnessed her daughter seriously injured as a result of the

crash. She has suffered serious injury as a result of the crash.

27. Upon information and belief, Defendant Verna’s Tavern overserved Chidester

prior to the crash.

28. Defendant Swan Boat Club negligently constructed and maintained its building

where the crash occurred.

COUNT I
NEGLIGENCE, GROSS NELGIGENCE, WILLFUL AND WANTON MISCONDUCT
(As to Defendant Marshella Chidester)

29. Plaintiffs, by reference, incorporate the preceding paragraphs of their Complaint

as though fully set forth herein.

4
PLAINTIFF’S AMENDED COMPLAINT FOR DAMAGES
Mariah Dodds et al v Verna’s Tavern, Marshella Chidester, Swan Boat Club, et al Michael L. Jones, Esq.
Case No.: 24-147595-NI Jon R. Marko, Esq.
 30. On April 20, 2024, Defendant Chidester owed a duty to plaintiffs to operate her

vehicle with due care and caution and to obey the statutes of the State of Michigan, as well as

the adopted ordinances in Berlin Township, then and there applicable to the operation of a

motor vehicle, and to obey the common law of the State of Michigan applicable to said statutes,

and that notwithstanding such duties, Defendant Chidester, did violate the same, wherein said

negligence, and/or gross negligence did consist of more particularly, as follows:

a. To operate the motor vehicle on the roadway in a manner and at a rate of

speed that would permit it to be stopped within a safe distance, MCL
257.627(1);

b. Not to operate the vehicle carelessly and heedlessly with willful and
wanton disregard for the safety and rights of others, MCL 257.626(2);

c. To keep the automobile constantly under control;

d. To attempt to stop the vehicle when Defendant knew or should have

known that failure to do so would naturally and probably result in injury
to each Plaintiff;

e. To observe the highway in front of Defendant’s vehicle when Defendant

knew or should have known that failure to observe Plaintiffs’ oncoming
vehicle would endanger the life or property of other persons using the
roadway;

f. Not to operate a motor vehicle while intoxicated, MCL 257.625;

g. In other ways not yet fully known. Plaintiffs reserve their right to amend
this Complaint as necessary and allowed.

31. As a direct and proximate result of the negligence and/or gross negligence

and/or willful and wanton misconduct of Defendant, Plaintiffs suffered serious and permanent

injuries and damages.

5
PLAINTIFF’S AMENDED COMPLAINT FOR DAMAGES
Mariah Dodds et al v Verna’s Tavern, Marshella Chidester, Swan Boat Club, et al Michael L. Jones, Esq.
Case No.: 24-147595-NI Jon R. Marko, Esq.
 COUNT II
LOSS OF SOCIETY & COMPANIONSHIP/CONSORTIUM

32. Plaintiffs re-alleges and incorporate by reference each and every allegation

contained above, as though fully set forth herein.

33. Defendants destroyed Plaintiff Dodds and J.P.’s family relationship. Mariah

Dodd lost her two children. J.P. lost his siblings.

34. Defendants destroyed Plaintiffs Denise and Martin Roberts, Patricia Raths,

Alyssa Sigler, Kathy Sigler, Josh Stith, and Lia Stith’s family relationship.

35. As a result of Defendants’ negligence and/or other conduct complained of,

Plaintiffs have a claim for loss of society and companionship and loss of consortium.

COUNT III
DRAM SHOP LIABILITY
(Defendant Verna’s Tavern)

36. Plaintiff hereby realleges and incorporates by reference each and every

allegation contained above, as though fully set forth herein.

37. Upon information and belief, Defendant Verna’s Tavern, Inc. sold alcohol or

liquor to Defendant Chidester while she was visibly intoxicated.

38. The actions of Defendant Verna’s Tavern, through its’ employees and/or agents

were in violation of the Michigan Dram Shop Law. MCLA 436.1801

39. As a result of the acts and/or omissions of the employees and/or agents of

Defendant Verna’s Tavern, Defendant Chidester was able to continue drinking in the public

establishment until the time she left and ultimately crashed her car into the Swan Boat Club.

6
PLAINTIFF’S AMENDED COMPLAINT FOR DAMAGES
Mariah Dodds et al v Verna’s Tavern, Marshella Chidester, Swan Boat Club, et al Michael L. Jones, Esq.
Case No.: 24-147595-NI Jon R. Marko, Esq.
 40. Defendant Verna’s Tavern owed a duty to the members of the public, in

particular to Plaintiffs, to act in a reasonably prudent manner, including performing the

following acts:

a. To stop and/or refrain from serving alcohol to Chidester who was visibly

intoxicated as required by MCL 436.1801;

b. To eject Chidester from the premises and provide alternate transportation home

for her;

c. To train and/or supervise agents, employees, and bartenders to recognize and

prevent a visibly intoxicated person from being sold alcoholic beverages and from becoming

more intoxicated and then driving home;

d. All other acts of negligence learned through the course of discovery.

41. As a direct and proximate result of Defendant Verna’s Tavern’s negligence,

gross negligence, carelessness, recklessness, wanton and/or willful conduct, Plaintiffs suffered

severe injuries and will continue to suffer damages into the future.

COUNT IV
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
(Bystander Rule)

42. Plaintiffs hereby realleges and incorporates by reference each and every

allegation contained above, as though fully set forth herein.

43. A party can establish a viable claim for negligent infliction of emotional distress

by proving four elements: (1) that the injury threatened or inflicted on the third person was a

serious one, of a nature to cause severe mental disturbance to the Plaintiffs; (2) that the shock

7
PLAINTIFF’S AMENDED COMPLAINT FOR DAMAGES
Mariah Dodds et al v Verna’s Tavern, Marshella Chidester, Swan Boat Club, et al Michael L. Jones, Esq.
Case No.: 24-147595-NI Jon R. Marko, Esq.
must result in actual physical harm; (3) that the Plaintiffs are a member of the third person’s

immediate family; i.e., a parent, child, husband or wife, and (4) that the Plaintiffs must actually

be present at the time of the accident or injury or suffers shock “fairly contemporaneous” with

accident or injury. Wargelin v Sisters of Mercy Health Corp., 149 Mich App 75, 81 (1986)

44. The injury inflicted upon the third person was a serious one because it resulted

in death.

45. Plaintiffs have suffered severe mental and physical harm as a result of

Defendants’ negligence.

46. Plaintiff Dodds and J.P. were immediate family members (mother and brother)

of the deceased children.

47. Plaintiffs Roberts, Raths, Alyssa Sigler, Kathy Sigler, Josh Stith, and Lia Stith’s

were immediate family members of other persons threatened or inflicted with serious injuries,

of a nature to cause severe mental disturbance to each and every one of them.

48. The shock resulted in actual physical harm.

49. Plaintiffs actually witnessed the crash.

COUNT V
NEGLIGENCE
(Swan Boat Club)

50. Plaintiffs hereby realleges and incorporates by reference each and every

allegation contained above, as though fully set forth herein.

51. Defendant Swan Boat Club owed certain duties to the general public, and

Plaintiffs in particular, to provide a safe environment and to act in a prudent and safe manner.

8
PLAINTIFF’S AMENDED COMPLAINT FOR DAMAGES
Mariah Dodds et al v Verna’s Tavern, Marshella Chidester, Swan Boat Club, et al Michael L. Jones, Esq.
Case No.: 24-147595-NI Jon R. Marko, Esq.
 52. By inviting Plaintiffs into their establishment, whom Defendant knew or should

have known presented an unreasonable risk of injury, Defendant carelessly put Plaintiffs in a

position of great danger.

53. Defendant breached the above duties in at least one or more of the following

particulars, so far as is presently following:

a. Constructing the building “in the roadway” for all intents and purposes

without installing a guard rail, cement pole or other safety devices designed

to stop a vehicle from crashing through the building;

b. Maintaining a building in violation of building codes;

c. Failing to keep the parking lot and driveway safe;

d. Failing to warn its invitees and/or business visitors of the dangers associated

with the parking lot, driveway, and building;

e. Failing to take corrective measures;

f. Failing to maintain the premises in a reasonably safe condition;

g. Failing to inspect the parking lot, building, and driveway for hazards,

dangers, and improper conditions at the premises;

h. Failure to properly train, supervise, and retain its employees;

i. Putting Plaintiffs in a dangerous situation;

j. Exposing Plaintiffs to harm;

k. Other failures discovered through litigation

9
PLAINTIFF’S AMENDED COMPLAINT FOR DAMAGES
Mariah Dodds et al v Verna’s Tavern, Marshella Chidester, Swan Boat Club, et al Michael L. Jones, Esq.
Case No.: 24-147595-NI Jon R. Marko, Esq.
 COUNT VI
PREMISES LIABILITY
(Swan Boat Club)

54. Plaintiffs hereby realleges and incorporates by reference each and every

allegation contained above, as though fully set forth herein.

55. At all times mentioned herein, Defendant Swan Boat Club negligently,

carelessly and recklessly owned, leased, rented, occupied, possessed, designed, constructed,

developed, landscaped, operated, inspected, repaired, maintained, modified, managed,

controlled and/or supervised the subject premises, and/or permitted or created the dangerous

condition on the subject premises so as to cause or allow dangerous and/or defective conditions

thereon, and that at all times mentioned herein, the conditions of said premises were such that

individuals upon the subject premises, including Plaintiffs, were exposed to danger and injury

while lawfully on the subject premises.

56. Defendant failed to warn Plaintiffs of the dangerous conditions that existed at

the subject premises.

57. Defendant knew, or in the exercise of reasonable care should have known, that

unless reasonable inspection, care, control and maintenance were taken of the subject premises,

that a dangerous but deceptive condition would exist on the premises Defendant controlled.

Defendant negligently failed to take reasonable precautions to prevent injuries to persons

lawfully on the subject premises, including Plaintiffs.

58. Defendant breached its duties to Plaintiffs in numerous way, including but not

limited to the following:

10
PLAINTIFF’S AMENDED COMPLAINT FOR DAMAGES
Mariah Dodds et al v Verna’s Tavern, Marshella Chidester, Swan Boat Club, et al Michael L. Jones, Esq.
Case No.: 24-147595-NI Jon R. Marko, Esq.
 a. Constructing the building “in the roadway” for all intents and purposes

without installing a guard rail, cement pole or other safety devices designed

to stop a vehicle from crashing through the building;

b. Maintaining a building in violation of building codes;

c. Failing to keep the parking lot and driveway safe;

d. Failing to warn its invitees and/or business visitors of the dangers associated

with the parking lot, driveway, and building;

e. Failing to take corrective measures;

f. Failing to maintain the premises in a reasonably safe condition;

g. Failing to inspect the parking lot, building, and driveway for hazards,

dangers, and improper conditions at the premises;

h. Failure to properly train, supervise, and retain its employees;

i. Putting Plaintiffs in a dangerous situation;

j. Exposing Plaintiffs to harm;

k. Other failures discovered through litigation.

59. As a direct and proximate result of Defendant’s negligence as described above,

Plaintiffs suffered and will continue to suffer damages.

COUNT VII
BREACH OF CONTRACT
UNDERINSURED/UNINSURED MOTORIST BENEFITS
(Auto-Owners Insurance Company)

60. Plaintiffs Denise Roberts and Martin Roberts, by reference, incorporates the

preceding paragraphs of her Complaint as though fully set forth herein.

11
PLAINTIFF’S AMENDED COMPLAINT FOR DAMAGES
Mariah Dodds et al v Verna’s Tavern, Marshella Chidester, Swan Boat Club, et al Michael L. Jones, Esq.
Case No.: 24-147595-NI Jon R. Marko, Esq.
 61. On April 20, 2024, Plaintiff Denise Roberts sustained serious injuries when

Defendant Chidestar crashed her car through the Swan Boat Club.

62. Defendant Auto-Owners was contractually and/or statutorily entitled to pay for

uninsured/underinsured benefits to Plaintiff Roberts.

63. In accordance with the provisions of the No-Fault Act, Defendant Auto-

Owners Insurance Company became obligated to pay to, or on behalf of Plaintiff, certain

expenses, or losses if she sustained bodily injury or death in an accident arising out an

accident with an uninsured/underinsured motorist. As a result of the subject crash, Plaintiff

has incurred a serious impairment of a bodily function and is entitled to

uninsured/underinsured motorist benefits.

64. Defendant Auto-Owners has refused or is expected to refuse to pay Plaintiff

Roberts all underinsured/uninsured benefits in accordance with the applicable no-fault and

contract provisions.

WHEREFORE, Plaintiff hereby prays that this Court enter a Judgment against Defendant

Auto-Owners Insurance Company in an amount found to be due, plus statutory interest from the

date the amount fell due, plus the costs and reasonable attorney fees.

COUNT VIII
BREACH OF CONTRACT
UNDERINSURED/UNINSURED MOTORIST BENEFITS
(Progressive Marathon Insurance Company)

65. Plaintiffs Patricia Raths and Lia Stith, by reference, incorporate the

preceding paragraphs of their Complaint as though fully set forth herein.

12
PLAINTIFF’S AMENDED COMPLAINT FOR DAMAGES
Mariah Dodds et al v Verna’s Tavern, Marshella Chidester, Swan Boat Club, et al Michael L. Jones, Esq.
Case No.: 24-147595-NI Jon R. Marko, Esq.
 66. On April 20, 2024, Plaintiff Raths and Plaintiff Lia Stith sustained serious

injuries when Defendant Chidestar crashed her car through the Swan Boat Club.

67. Defendant Progressive was contractually and/or statutorily entitled to pay for

uninsured/underinsured benefits to Plaintiff Raths and Plaintiff Lia Stith.

68. In accordance with the provisions of the No-Fault Act, Defendant

Progressive became obligated to pay to, or on behalf of Plaintiffs, certain expenses, or

losses if they sustained bodily injury or death in an accident arising out an accident with

an uninsured/underinsured motorist. As a result of the subject crash, Plaintiffs incurred a

serious impairment of a bodily function and is entitled to uninsured/underinsured motorist

benefits.

69. Defendant Progressive has refused or is expected to refuse to pay Plaintiff

Roberts and Plaintiff Lia Stith all underinsured/uninsured benefits in accordance with the

applicable no-fault and contract provisions.

WHEREFORE, Plaintiff hereby prays that this Court enter a Judgment against Defendant

Progressive Insurance Company in an amount found to be due, plus statutory interest from the date

the amount fell due, plus the costs and reasonable attorney fees.

COUNT IX
BREACH OF CONTRACT
UNDERINSURED/UNINSURED MOTORIST BENEFITS
(Allstate Insurance Company)

70. Plaintiffs Alyssa Sigler and Josh Stith, by reference, incorporate the

preceding paragraphs of their Complaint as though fully set forth herein.

13
PLAINTIFF’S AMENDED COMPLAINT FOR DAMAGES
Mariah Dodds et al v Verna’s Tavern, Marshella Chidester, Swan Boat Club, et al Michael L. Jones, Esq.
Case No.: 24-147595-NI Jon R. Marko, Esq.
 71. On April 20, 2024, Plaintiff Alyssa Sigler and Plaintiff Josh Stith, sustained

serious injuries when Defendant Chidestar crashed her car through the Swan Boat Club.

72. Defendant Allstate was contractually and/or statutorily entitled to pay for

uninsured/underinsured benefits to Plaintiff Alyssa Sigler and Plaintiff Josh Stith.

73. In accordance with the provisions of the No-Fault Act, Defendant Allstate

became obligated to pay to, or on behalf of Plaintiffs, certain expenses, or losses if they

sustained bodily injury or death in an accident arising out an accident with an

uninsured/underinsured motorist. As a result of the subject crash, Plaintiffs incurred a

serious impairment of a bodily function and is entitled to uninsured/underinsured motorist

benefits.

74. Defendant Allstate has refused or is expected to refuse to pay Plaintiff Alyssa

Sigler and Plaintiff Josh Stith all underinsured/uninsured benefits in accordance with the

applicable no-fault and contract provisions.

WHEREFORE, Plaintiff hereby prays that this Court enter a Judgment against Defendant

Allstate Insurance Company in an amount found to be due, plus statutory interest from the date the

amount fell due, plus the costs and reasonable attorney fees.

WHEREFORE, Plaintiffs hereby prays that this Court:

1. Award Plaintiffs damages that greatly exceed this Court’s jurisdictional

requirement and that is fair, just, and based on the evidence presented at trial;

2. Award Plaintiffs interest on the judgment plus its costs and attorney fees; and

3. Grant Plaintiffs such other relief as is just.

14
PLAINTIFF’S AMENDED COMPLAINT FOR DAMAGES
Mariah Dodds et al v Verna’s Tavern, Marshella Chidester, Swan Boat Club, et al Michael L. Jones, Esq.
Case No.: 24-147595-NI Jon R. Marko, Esq.
 Respectfully submitted,

/s/ Michael L. Jones

Michael L. Jones (P85223)
MARKO LAW, PLLC
220 W Congress, 4th Floor
Detroit, MI 48226
(313) 777-7529 / Fax: (313) 470-2011
Email: [email protected]
Date: April 29, 2024

15
PLAINTIFF’S AMENDED COMPLAINT FOR DAMAGES
Mariah Dodds et al v Verna’s Tavern, Marshella Chidester, Swan Boat Club, et al Michael L. Jones, Esq.
Case No.: 24-147595-NI Jon R. Marko, Esq.