Example Negligent Security Complaint

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR PIMA COUNTY, ARIZONA

JANE DOE a/k/a                  JANE DOE,

as Personal Representative of the Estate of  JOHN DOE, JR.,

deceased,

Plaintiff,

GLOBEX, INC., an Arizona Corporation

GLOBEX, LLC, a Foreign Limited  Liability Company

Defendants.

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COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff, JANE DOE, as Personal Representative of the Estate of JOHN DOE, JR., deceased, sues Defendants, GLOBEX,

LLC, and GLOBEX PROPERTIES, LLC and in support thereof, states and alleges the following:

PARTIES, JURISDICTION, AND VENUE

1. This is an action for damages in excess of Ninety Thousand Dollars ($90,000.00), exclusive of costs and interest and is being brough pursuant to the Arizona Wrongful Death Act, section 768.16 et seq., Arizona Statutes.

2. The Plaintiff, JANE DOE (“JANE DOE”), is (or will be) the duly appointed, qualified, and acting Personal Representative of the Estate of JOHN DOE, JR. (“Decedent”), deceased, and is the proper party to bring this action for Wrongful Death pursuant to section 768.16 et seq., Arizona Statutes, on behalf of the Decedent’s Estate.

3. At all material times, the decedent, JOHN DOE, , was a resident of Pima County, Arizona at the time of his death and was under 20 years of age.

4. At the time of the incident described herein, Plaintiff, JANE DOE was, and remains, a resident of Pima County, Arizona. Jane is sui juris.

5. At all material times, the Plaintiff, JANE DOE, was the natural sister of the decedent.

6. JANE DOE, as Personal Representative of the Estate of JOHN DOE, JR., deceased, brings this action on behalf of John Doe, Jr.’s survivors – father, JOHN DOE, Sr., and mother, Jessica Roe.

7. At all material times, Defendant GLOBEX, INC. (“GLOBEX”) is and was an active Arizona for profit corporation organized and existing under the laws of this State and is and was licensed, authorized, and doing business in the State of Arizona with a principal address at 2000 Gila Avenue, Phoenix, AZ 85001.

8. At all material times, Defendant GLOBEX, LLC (“GLOBEX”), is and was an active Alabama limited liability company, licensed, authorized, and doing business in the State of Arizona with a principal address at 3922 Cedar Drive, Suite 900, Seattle, WA 9801. GLOBEX is a foreign corporation engaging in business in this state, is not registered and therefore, for purposes of service of process, is a nonresident engaging in business in this state and may be served pursuant to section 48.181, Arizona Statutes.

9. At all material times, Defendant GLOBEX, LLC (“GLOBEX”), is and was an active Alabama limited liability company, licensed, authorized, and doing business in the State of Arizona with a principal address at 3922 Cedar Lane, Suite 900, Seattle, WA 9801. GLOBEX is a foreign corporation engaging in business in this state, is not registered and therefore, for purposes of service of process, is a nonresident engaging in business in this state and may be served pursuant to section 48.181, Arizona Statutes.

10. At all material times, Defendant GLOBEX, LLC d/b/a GLOBEX RESIDENTIAL (“GLOBEX RESIDENTIAL”), is and was an active Alabama limited liability company, licensed, authorized, and doing business in the State of Arizona with a principal address at 3922 Cedar Drive, Suite 900, Seattle, WA 9801. GLOBEX RESIDENTIAL is a foreign corporation engaging in business in this state, is not registered and therefore, for purposes of service of process, is a nonresident engaging in business in this state and may be served pursuant to section 48.181, Arizona Statutes.

11. Venue is proper in this Circuit Court because the decedent resided in Pima County, Arizona and the acts and/or omissions forming the basis of this lawsuit occurred at the premises known as the Cactus Apartments, located at 2221 Grand Canyon Ave., Tucson, Pima County, Arizona 85641 (the “Premises” or “Cactus”).

GENERAL ALLEGATIONS AND FACTS COMMON TO ALL COUNTS

12. At all material times, the Defendants, GLOBEX CAPITAL, GLOBEX RIVERSIDE, GLOBEX RESIDENTIAL (collectively, the “GLOBEX DEFENDANTS”), and GLOBEX SECURITY, owned, operated,    managed,    maintained,   secured,    and/or    otherwise controlled  the residential development/apartments known as Cactus.

13. At all material times, the Defendant, GLOBEX CAPITAL, was doing business as an owner/operator/manager for Cactus.

14. At all material times, the Defendant, GLOBEX RIVERSIDE, was doing business as an owner/operator/manager for Cactus.

15. At all material times, the Defendant, GLOBEX RESIDENTIAL, was doing business as an owner/operator/manager for Cactus.

16. At all material times, the Defendant, GLOBEX SECURITY, was doing business as an operator/manager/third-party security company of and for Cactus.

17. At all material times, the GLOBEX DEFENDANTS and GLOBEX SECURITY, owned, managed, maintained, secured, inspected, and/or controlled the day-to-day activities and operation of the Premises, and/or did so through its employees, contractors, and agents who, at all material times and with regard to the operation, maintenance, and PROPERTIES of the premises, were subject to all Defendants’ right of control.

18. At all material times, the GLOBEX DEFENDANTS and GLOBEX SECURITY had and/or assumed the duty to provide security and security personnel, premises configurations, security cameras, lighting, gates, fences, and control over points of ingress and/or egress to prevent harm to invitees on the premises, to control and guard against the criminal activity which had been occurring at, or in the immediate vicinity of, the Premises and, thereby, had and/or assumed duties to invitees such as decedent, JOHN DOE, JR., to provide reasonable security at the premises or otherwise had a duty to provide reasonable security measures.

19. At all material times, GLOBEX CAPITAL and/or GLOBEX RIVERSIDE hired and/or contracted with GLOBEX RESIDENTIAL to provide PROPERTIES services at the Premises.

20. At all material times, one or more of the GLOBEX DEFENDANTS hired and/or contracted with GLOBEX SECURITY SERVICES to provide security-related services at the Premises.

21. At all material times, GLOBEX SECURITY was acting on behalf of one or more of the GLOBEX The GLOBEX DEFENDANTS are therefore, independently and collectively, vicariously liable for any negligence of GLOBEX SECURITY.

22. At all material times, GLOBEX RESIDENTIAL was acting on behalf of GLOBEX CAPITAL and/or GLOBEX RIVERSIDE. GLOBEX CAPITAL and/or GLOBEX RIVERSIDE are therefore, independently and collectively, vicariously liable for any negligence of GLOBEX RESIDENTIAL.

23. At all material times, GLOBEX DEFENDANTS and GLOBEX SECURITY, through their agents, employees, and/or servants, had actual or constructive knowledge of a history of criminal activity on, and in the immediate vicinity of, the Premises and knew, or in the exercise of reasonable care should have known, that there was a propensity for criminal conduct by third persons which unreasonably exposed invitees—including the deceased, JOHN DOE, JR.—to an unreasonable, dangerous condition on the Premises which was likely to cause harm to invitees.

23. At all material times, GLOBEX DEFENDANTS and GLOBEX SECURITY were responsible for the acts and omissions of their agents, employees, representatives, and/or servants.

23. On or about July 12, 2021, decedent, JOHN DOE, was shot and killed while a lawful invitee at Cactus. The attack on decedent, JOHN DOE, was unprovoked.

24. Decedent, JOHN DOE, JR., was a completely innocent victim who exercised ordinary care and diligence at all times herein, and under the circumstances then-existing.

COUNT I
NEGLIGENCE

25. Plaintiff re-adopts and re-alleges Paragraphs, including subsections, as though fully set forth herein.

26. At all material times, GLOBEX SECURITY, through its officers, agents, servants, and employees, undertook to provide security services and keep the Premises in a state consistent with the due regard for the safety of the Cactus’s residents and invitees, including decedent, JOHN DOE, JR.

27. At all material times, GLOBEX SECURITY, through its officers, agents, servants and employees owed a duty to its residents, invitees, and the general public to exercise reasonable care to keep and maintain the Premises in a condition reasonably safe for use by residents, invitees, and the public, including the area within Cactus. In particular, GLOBEX SECURITY had a duty to take such precautions as were reasonably necessary to protect Cactus’s residents and invitees from criminal attacks which were and/or, in the exercise of reasonable care, should have been reasonably foreseeable.

28. At all material times, GLOBEX SECURITY, through its officers, agents, servants, and employees knew, or in the exercise of reasonable care, should have known that the Premises and its immediate vicinity was a high crime area, that there had been numerous violent criminal acts and attacks perpetrated on residents, invitees, and the public in said areas, and that criminal acts and attacks were reasonably likely to be perpetrated on residents, invitees, and the public on the Premises unless GLOBEX SECURITY took reasonable and proper steps to provide adequate security at the Premises.

29. At all material times, GLOBEX SECURITY knew, or in the exercise of reasonable care, should have known, on account of the nature and frequency of crime at the Premises, that said Premises constituted a dangerous and hazardous area for its residents, invitees, and the public of which GLOBEX SECURITY was in a superior position to appreciate such hazards and take necessary steps to prevent harm to the residents, tenants, tenant’s guests, invitees, and the general public including the decedent, JOHN DOE, JR.

30. GLOBEX SECURITY and its officers, agents, servants, and employees knew, or in the exercise of reasonable care, should have known, that no individual had it within their power to take the measures necessary to provide for their own safety and security within/on the

31. At all material times, GLOBEX SECURITY, and its officers, agents, servants and/or employees, were in a superior position to appreciate such danger and to take the steps necessary to deter and prevent such criminal attacks on the premises.

32. As a result of the allegations set forth above, at all material times, the criminal attack and murder of JOHN DOE, JR. was reasonably foreseeable to GLOBEX SECURITY which was in a superior position to appreciate such hazards and take necessary steps to prevent harm to Cactus’s residents, tenants, tenants’ guests, invitees, and the general public including the decedent, JOHN DOE, JR.

33. At the above-mentioned time and place, GLOBEX SECURITY, did itself, and/or by and through its agents, servants, and employees, breach its duty to the Plaintiff to exercise reasonable care for the safety and protection of the residents and invitees of the Premises, including JOHN DOE, JR., and acted in a careless and negligent manner in various respects including, but not limited to the following acts or omissions:

• Failing to have security guards/officers on the Premises during relevant hours;
• Failing to have an adequate amount of security guards/officers on the Premises during relevant hours;
• Failing to warn the residents and invitees of the Premises, including JOHN DOE, JR., of the nature and character of the Premises and its immediate vicinity when GLOBEX SECURITY knew or, in the exercise of reasonable care, should have known that many criminal incidents against persons and property had occurred on and around the Premises;
• Failing to take reasonable measures that would guard against and otherwise deter the conduct of criminal activity on the Premises and in failing to be proactive in the prevention of crimes on the Premises and against its residents and invitees;
• Failing to inspect and evaluate the Premises for dangerous conditions and security deficiencies;
• Failing to implement reasonable monitoring devices such as working surveillance cameras on, and around, the exterior of the Premises;
• Failing to create, implement, distribute, and/or enforce reasonable security policies, security measures, and security procedures necessary to protect the residents, invitees, and the general public of the Premises and the GLOBEX DEFENDANTS;
• Failing to create and/or implement a reasonable security plan which would meet the known industry standards and customs for safety in the community;
• Failing to take reasonable precautionary measures to deter and prevent violent crime upon the Premises, in light of the history of violent crime, at the Premises;
• Failing to police, patrol, guard, deter, and otherwise provide adequate protection for the residents and invitees of the Premises, when GLOBEX SECURITY knew or, in the exercise of reasonable care, should have known of foreseeable criminal acts;
• Failing to have an adequate number of security guards at the Premises to protect Cactus’s residents and invitees, including JOHN DOE, JR;
• Failing to hire and/or retain competent security guards to protect Cactus’s residents and invitees, including JOHN DOE, ;
• Failing to properly train security guards to be reasonably skillful, competent, and/or qualified to exercise appropriate and proper security measures so that they could protect Cactus’s residents and invitees, including JOHN DOE, JR.,
• Failing to adequately and properly implement and/or execute a plan to patrol the Premises;
• Failing to implement or operate adequate access control to the community; and,
• Additional acts of negligence not yet

34. At all material times, GLOBEX SECURITY was on notice or, in the exercise of reasonable care, should have been on notice of violent criminal activity as is evidenced by prior crimes at the Premises and within its immediate vicinity.

35. At all material times, GLOBEX SECURITY did foresee or, in the exercise of reasonable care, should have foreseen the likelihood of criminal activity on the Premises as is evidenced by prior crime on the Premises.

36. At all material times, GLOBEX SECURITY, through its agents and employees, negligently failed to have any procedures governing the inspection, supervision, and/or security of the Premises where the subject incident occurred; or, in the alternative:

• • GLOBEX SECURITY, through its agents and employees, did have procedures governing the inspection, supervision, and security of the area where the subject incident occurred; however, GLOBEX SECURITY negligently and carelessly failed to implement said procedures; or, in the alternative;
  • GLOBEX SECURITY; through its agents and employees, did have procedures governing the inspection, supervision, and security of the area where the subject incident occurred, but implemented the same in a careless and negligent manner.

37. At all material times, GLOBEX SECURITY, through its agents and employees, created and/or allowed to be created said dangerous conditions as stated above on the Premises. GLOBEX SECURITY failed to warn Cactus’s residents, tenants, tenants’ guests, invitees, and the general public, including JOHN DOE, , of the existence of said dangerous condition; or, in the alternative, did allow said dangerous condition to exist for a length of time sufficient in which a reasonable inspection would have revealed the same.

38. The negligence of GLOBEX SECURITY proximately caused the assault and death of JOHN DOE, JR., and directly led to the criminal attack of JOHN DOE, JR in that:

• • There was inadequate and/or nonexistent visible deterrence to prevent said criminal assault;
  • There was inadequate and/or nonexistent physical deterrence to prevent said criminal assault;
  • Criminals could carry out physical assaults on GLOBEX DEFENDANTS’ premises, and the Premises GLOBEX SECURITY undertook to secure, without fear of being caught, discovered, and/or prosecuted; and,
  • An atmosphere was created at the GLOBEX DEFENDANTS’ premises, and the Premises GLOBEX SECURITY undertook to secure, which facilitated the commission of crimes against persons.

39. As a direct and proximate result of the negligence of GLOBEX SECURITY, DOE, JOHN, JR. was shot to death on or about July 12, 2021, on the Premises, and his Estate and/or survivors and/or beneficiaries have suffered and will continue to suffer damages into the future, as authorized and allowed under the Wrongful Death Act, Section 786.16 et seq., Arizona Statutes.

WHEREFORE, the Plaintiff, JANE DOE a/k/a JANE DOE , as Personal Representative of the Estate of JOHN DOE, JR., deceased, sues the defendant, GLOBEX SECURITY SERVICES, INC., and demands judgement against it for damages exclusive of attorney fees, costs, and interest, in an amount in excess of the jurisdictional limits of this Court, and further demands trial by jury and such other relief as this Court deems proper.