COMMONWEALTH OF MASSACHUSETTS

SUFFOLK COUNTY, ss.                  SUPERIOR COURT

                                CIVIL ACTION NO.________

Henry Davis,             *
Plaintiff                *
                         *
v.                       *
                         *
Hotel Boston,            *
Defendant                *

	COMPLAINT

1.  The plaintiff, Henry Davis, resides at 100 James Court appt. 10C, Amherst, Suffolk County, Massachusetts.
2.  The plaintiff, works as a teller for Bank of America, Suffolk County, Massachusetts.
3.  The plaintiff, age 55 years old, has been married for 25 years and has three boys ages 22, 20, and 16 years of age.
4.  The defendant, Hotel Boston, located at 123 Boylston Avenue Boston, Middlesex County, Massachusetts.
5.  The plaintiff, Henry Davis took a trip to Boston with his wife to celebrate their 25th anniversary at the Hotel Boston.
6.  The plaintiff’s and his wife’s stay that occurred around Christmas time on 12/23/2013 consisted of four nights at the Hotel Boston.
7.  The defendant, aware that the plaintiff had an anniversary, offered the couple a complementary suite upgrade.
8.  The plaintiff and his wife, intended to use the duration of their stay to see the sights, starting with “The Nutcracker” performance followed by dinner and a return to the hotel at 10:00 p.m.
9.  At 10:00 p.m., the plaintiff pushed the elevator button so that he and his wife could ascend to their room. The doors to the elevator opened smoothly for his wife to get on, but then immediately shut on Mr. Davis’s leg as he was getting on. 
10.  The plaintiff screamed in pain and his wife screamed in horror. The wife pushed button repeatedly, when the hotel clerk came over to assist by trying to open the door, the clerk was not successful.
11.  Hotel security arrived to assist and failed in releasing the doors from the plaintiff’s leg. 
12.  After fifteen minutes, the Boston Fire Department arrived to open the elevator doors. The firemen were able to finally open the elevator doors.
13.  The plaintiff, Mr. Davis was taken to the hospital for treatment.
14.  Mr. Davis sustained a broken leg that was put into a cast, which remained in a cast for two months.
15.  Mr. Davis has difficulty performing his duties as a bank teller, which requires a lot of standing and some walking. Mr. Davis’s walking consists of hobbling. Since his leg is in a bulky cast, he must when standing, put all of his weight on one leg. This was awkward and stressful.
16.  Mr. Davis will not be able to use the rest of the winter for his ski hobby and will be excluded in that activity he shares with his sons. 
17.  It was the duty of the defendant, its agents and servants, to exercise due care for the safety of the plaintiff while on its premises and to keep and maintain the premises in a safe condition, but in violation thereof, the defendant did not exercise due care for the safety of the plaintiff and did not keep and maintain its premises in a safe condition, and was guilty of negligence in the conduct of its business and in the maintenance of its premises and particularly in the installation, maintenance and operation of its passenger elevator.
19.  The plaintiff was lawfully on the premises and was a guest of the hotel. As a result of a poorly maintained elevator, Mr. Davis suffered injuries, which caused him emotional, physical and financial stress and expenses.
    WHEREFORE, the plaintiff hereby request that the court:
1.	Enter judgment in his favor on the Complaint.
2.	Award damages against the defendant, to include full amounts as to all elements of damages recoverable for conscious pain and suffering, loss of consortium, with interest from the date of filing plus costs, expenses and attorney’s fees; and
3.	Enter such other and further relief, as this Court deems just and appropriate.

Henry Davis
By his attorney,

_________________________
Halye Sugarman, Esq.
Sugarman Law Offices
123 Middlesex Way 
Bedford, MA 01234
BBO No. 654321

DATED: 5th day of March 2014