Professional Documents
Culture Documents
Amended Complaint
Amended Complaint
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
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
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:
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.
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.
and is an insurance corporation licensed in the State of Michigan and doing business in the
county of Monroe.
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
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
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.
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
24. Plaintiff Josh Stith was seriously injured as a result of the crash. He witnessed
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
27. Upon information and belief, Defendant Verna’s Tavern overserved Chidester
28. Defendant Swan Boat Club negligently constructed and maintained its building
COUNT I
NEGLIGENCE, GROSS NELGIGENCE, WILLFUL AND WANTON MISCONDUCT
(As to Defendant Marshella Chidester)
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
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);
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
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
33. Defendants destroyed Plaintiff Dodds and J.P.’s family relationship. Mariah
34. Defendants destroyed Plaintiffs Denise and Martin Roberts, Patricia Raths,
Alyssa Sigler, Kathy Sigler, Josh Stith, and Lia Stith’s family relationship.
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
37. Upon information and belief, Defendant Verna’s Tavern, Inc. sold alcohol or
38. The actions of Defendant Verna’s Tavern, through its’ employees and/or agents
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
following acts:
a. To stop and/or refrain from serving alcohol to Chidester who was visibly
b. To eject Chidester from the premises and provide alternate transportation home
for her;
prevent a visibly intoxicated person from being sold alcoholic beverages and from becoming
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
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)
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.
COUNT V
NEGLIGENCE
(Swan Boat Club)
50. Plaintiffs hereby realleges and incorporates by reference each and every
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
53. Defendant breached the above duties in at least one or more of the 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
d. Failing to warn its invitees and/or business visitors of the dangers associated
g. Failing to inspect the parking lot, building, and driveway for hazards,
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
55. At all times mentioned herein, Defendant Swan Boat Club negligently,
carelessly and recklessly owned, leased, rented, occupied, possessed, designed, constructed,
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
56. Defendant failed to warn Plaintiffs of the dangerous conditions that existed at
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.
58. Defendant breached its duties to Plaintiffs in numerous way, including but not
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
d. Failing to warn its invitees and/or business visitors of the dangers associated
g. Failing to inspect the parking lot, building, and driveway for hazards,
COUNT VII
BREACH OF CONTRACT
UNDERINSURED/UNINSURED MOTORIST BENEFITS
(Auto-Owners Insurance Company)
60. Plaintiffs Denise Roberts and Martin Roberts, by reference, incorporates the
Defendant Chidestar crashed her car through the Swan Boat Club.
62. Defendant Auto-Owners was contractually and/or statutorily entitled to pay for
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
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
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
losses if they sustained bodily injury or death in an accident arising out an accident with
benefits.
Roberts and Plaintiff Lia Stith all underinsured/uninsured benefits in accordance with the
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
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
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
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
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.
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
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.