Bork v. The Yale Club of New York City

Filing 3

Bork v. The Yale Club of New York City

Doc. 3

Case 1:07-cv-04826-NRB

Document 3

Filed 06/27/2007

Page 1 of 6

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - -- - - - - -- - -- - - - - - - x
ROBERT H. BORK,

Plaintiff,
07-CV-4826 (N)
v.

AMENDED COMPLAINT

THE YALE CLUB OF NEW YORK CITY,
Defendant.

JUY TRIL DEMANED

- - - - - -- - -- - -- - - - - -- - - -- -- -- - -- - - - - -- x
Plaintiff Robert H. Bork ("Mr. Bork"), through his undersigned attorneys, alleges upon
U_ personarEiOwleClge as to PliililTf, and lllon ;nTonn~tion ~nrl hp-Iip-T ~i; to ~1-rp-r m::teri;, ai;

follows:

NATURE OF THE ACTION
i. This is a personal injur action brought against Defendant Yale Club of

New

York City (the "Yale Club") for its negligent and grossly negligent failure to maintain reasonably
safe facilities.

PARTIES
2. Plaintiff Robert H. Bork is a resident and citizen of

Virginia. He was injured

while visiting the Yale Club in New York, New York, to give a speech at an event there on June
6, 2006.
3. Defendant Yale Club of

New York City is a not-for-profit corporation
business at 50 Vanderbilt Avenue, New

incorporated in New York with its principal place of

York, New York i 00 i 7. The Yale Club offers guestrooms, restaurants, athletic, banquet and meeting facilities for its members and their guests.

Dockets.Justia.com

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VENUE AND JURISDICTION
4. This Court has subject matter jurisdiction over this action based on diversity of

citizenship, pursuant to 28 US.C. § l332.
5. Venue is proper in this District, pursuant to 28 US.C. § 1391(a).

FACTUAL ALLEGATIONS
6. On the evening of June 6, 2006, the New Criterion magazine held an event (the

"New Criterion event") in a banquet room at the Yale Club. The New Criterion invited Mr.
Bork, among other guests, to deliver remarks at the event.

------

7. The Yale Club owns, operates and controls the premises of

the Club, including

the banquet room in which the New Criterion event was held. As the host for the event, the Yale
Club provided tables and chairs where guests could sit during the reception and the evening's
speeches. At the front of

the room, the Yale Club provided the dais and lectern atop the dais for

speakers to use to address the audience. The Yale Club was solely and exclusively responsible
for setting up and maintaining the facilities, including the dais and lectern, for the New Criterion
event.
8. Because of the height of

this dais, the Yale Club's normal practice is to provide a

set of stairs between the floor and the dais. At the New Criterion event, however, the Yale Club

failed to provide any steps between the floor and the dais. Nor did the Yale Club provide a
handrail or any other reasonable support feature to assist guests attempting to climb the dais.
9. When it was his turn to deliver remarks to the audience, Mr. Bork approached the
dais. Because of the unreasonable height of

the dais, without stairs or a handrail, Mr. Bork fell

backwards as he attempted to mount the dais, striking his left leg on the side of the dais and
striking his head on a heat register.
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LO. As a result of

the fall, a large hematoma formed on Mr. Bork's lower left leg,

which later burst. The injury required surgery, extended medical treatment, and months of
physical therapy.

11. Mr. Bork suffered excruciating pain as a result of this injury and was largely
immobile during the months in which he received physical therapy, preventing him from

working his typical schedule before the injury. The months of relative inactivity weakened Mr.

Bork's legs so that he still requires a cane for stability. In addition, Mr. Bork continues to have a
limp as a result of this injury.

FIRST CAUSE OF ACTION
(N egligence i
12. The allegations set forth in paragraphs 1 through II of

this Complaint are re-

alleged and incorporated by reference as if fully set forth herein.
13. The Yale Club had a duty to provide reasonably safe facilities in its reception and
meeting rooms, including providing a safe dais of

reasonable height and with stairs between the

floor and the dais and a supporting handraiL.

14. At the New Criterion event, the Yale Club breached its duty

to provide reasonably

safe facilities by failing to provide a safe dais and stairs between the floor and the dais, a
supporting handrail, or any other reasonable support feature to protect its guests attempting to
mount that dais.

15. It was reasonably foreseeable that, by failing to provide a safe dais and stairs
between the floor and the dais, a supporting handrail, or any other reasonable support feature, a
guest such as Mr. Bork attending the New Criterion event would be injured while attempting to
mount the dais.

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16. The Yale Club's negligent failure to provide reasonably safe facilities, and in

particular, its failure to provide a safe dais and stairs between the floor and the dais, a supporting

handrail, or any other reasonable support feature to protect its guests attempting to mount the dais, caused Mr. Bork to fall while attempting to mount the dais and caused his extensive and
continuing injuries.
17. As a result of

the Yale Club's negligence in failing to provide reasonably safe

facilities, Mr. Bork has suffered actual damages. These damages include pain and suffering, a

continuing leg injury, medical bills and related costs oftreatment, and lost work time and
income. The long-term effects of

his injuries continue to manifest themselves.

S-ECOND-ltUSE-F1\-CTION
(Gross Negligence/Recklessness i
18.

The allegations set forth in paragraphs 1 through 1 1 of this Complaint are re-

alleged and incorporated by reference as if fully set forth herein.
19. The Yale Club had a duty to provide reasonably safe facilities in its reception and

meeting rooms, including providing a safe dais of reasonable height and with stairs between the
floor and the dais and a supporting handraiL.

20. The Yale Club breached its duty to provide reasonably safe facilities by wantonly,

willfully, and recklessly failing to provide a safe dais and stairs between the floor and the dais, a
supporting handrail, or apy other reasonable support feature to protect its guests attempting to
mount that dais.

21. It was reasonably foreseeable that, by failing to provide a safe dais and stairs
between the floor and the dais, a supporting handrail, or any other reasonable support feature, a
guest such as Mr. Bork attending the New Criterion event would be injured while attempting to
mount the dais.
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22. The Yale Club's wanton, willful and reckless disregard for the safety of

its guests,

and in particular, its failure to provide a safe dais and stairs between the floor and the dais, a
supporting handrail, or any other reasonable support feature to protect its guests attempting to

mount the dais, caused Mr. Bork to fall while attempting to mount the dais and caused his
extensive and continuing injuries.
23. As a result of

the Yale Club's gross negligence and wanton, wilful and reckless
its guests, Mr. Bork has suffered actual damages. These damages
treatment,

disregard for the safety of

include pain and suffering, a continuing leg injury, medical bills and related costs of

and lost work time and income. The long-term effects of

his injuries continue to manifest

themselves.
24. Because the Yale Club's gross negligence was wanton, wilful and in reckless

disregard for the safety of its guests, punitive damages should also be awarded against it in an
amount to be determined at triaL.

JURY DEMAND
25. Plaintiff

hereby demands a trial by jury.

PRAYER FOR RELIEF
WHEREFORE, Plaintiff demands the following relief against Defendant:
A. A warding actual damages resulting from Defendant's wrongdoing in excess of
$ 1 ,000,000.

B. Punitive damages in an amount to be proven at trial;

C. Pre- and post-judgment costs and interest;

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D. Such other and further relief as this Court may deem appropriate and equitable.
DATED:

New York, New York June ~7, 2007

By: -~ ~~
Randy Mastro RM-9492)

GIBSON, DUN & CRUTCHER LLP

Brian M. Lutz (BL-3957)
200 Park Avenue New York, New York 10166 [phone] Robert H. Bork Attorneys for Plaintiff
100250531_5.DOC

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