Case: 45CI1:16-cv-00099 Document #: 29 Filed: 12/23/2016 Page 1 of 11

IN THE CIRCUIT COURT OF MADISON COUNTY, MISSISSIPPI

KHADAFY MANNING PLAINTIFF

VS. CAUSE NO. 45CI1: 16-CV-00099

NORTHMART CORPORATION, D/B/A

CANTON ESTATES APARTMENTS,
BENNIE KIRKLAND MANAGEMENT COMPANY, INC.,
CANTON ESTATES LTD, D/B/A CANTON ESTATES
APARTMENTS, HARRIS FACILITY MANAGEMENT COMPANY, LLC
AND JOHN DOES I-V DEFENDANTS

FIRST AMENDED COMPLAINT

JURY DEMAND

COMES NOW Plaintiff, Khadafy Manning, by and through his attorney and files this

his First Amended Complaint against North Mart Corporation, d/b/a Canton Estates Apartments,

Bernie Kirkland Management Company, Inc., Canton Estates, LTD, d/b/a Canton Estates

Apartments, Harris Facility Management Company, LLC and John Does I-V as follows:

1.

Plaintiff, Khadafy Manning is an adult resident citizen of the City of Canton, County of

Madison, State of Mississippi, residing at 712 King Ranch Road, Canton, Mississippi 39046.

2.

Defendant North Mart Corporation, d/b/a Canton Estates Apartments, is a corporation,

organized and existing under the laws of the State of Mississippi, with its principal office address

being 605 Steed Rd, Ridgeland, MS 39157 and may be served with process through its registered

agent for service of process, Carol Kirkland, 605 Steed Rd, Ridgeland, MS 39157.

3.

Defendant Bennie Kirkland Management Company, Inc., is a corporation organized and

existing, at all times relevant herein, under the laws of the state of Mississippi, with its principal

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office being located at 605 Steed Road, Ridgeland, MS. 39157. Said Defendant, can be served

with process of this action by and through its agent for process, Bruce Kirkland, at 605 Steed

Road, Ridgeland, MS. 39157.

4.

Canton Estates Limited, d/b/a Canton Estates Apartments is a Limited Partnership,

organized, and existing under the laws of the State of Mississippi with it principal place of

business located at 1907 Dunbarton Drive #A, Jackson, MS 39216. Defendant may be served

with process through registered agent, North Mart Corporation 1907 Dunbarton Drive #A,

Jackson, MS. 39216

5.

Defendant Harris Facility Management Company, LLC, is a corporation organized and

existing, at all times relevant herein, under the laws of the state of Mississippi, with its principal

office being located at 1490 West Government Street, Suite 7, Brandon, MS 39042. Said

Defendant, can be served with process of this action by and through its agent for process, CSC of

Rankin County, Inc. located at Mirror Lake Plaza 2829 Lakeland Drive, Suite 1502, Flowood,

MS 39232.

6.

Defendants John Does I-V are corporations, entities, businesses, individuals and the like

which are presently unknown to Plaintiffs, but whose negligent acts and/or omissions

proximately caused harm unto Plaintiff.

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JURISDICTION AND VENUE

7.

The Circuit Court of Hinds County, Mississippi has jurisdiction over the parties and the

subject matter of this action since this civil action arises out of the negligent acts or omissions

committed in the state of Mississippi.

8.

Venue is proper in Hinds County pursuant to Mississippi Code 11-11-3. Defendant

North Mart Corporation, d/b/a Canton Estates Apartments, may be found doing business in

Hinds County, Mississippi.

Facts

9.
At all times pertinent, Defendants, North Mart Corporation, d/b/a Canton Estates

Apartments, Bennie Kirkland Management Company, Inc., and Canton Estates, LTD, owned,

possessed, controlled, and/or managed Canton Estates Apartments located at 388 Ricks Drive,

Canton, MS 39046.

10.
Pursuant to agreement between Defendants, North Mart Corporation, d/b/a Canton

Estates Apartments, Canton Estates, LTD and Defendant, Bennie Kirkland Management

Company, Inc., and or their agents or employee, on one part, and Plaintiff, on the other part,

Plaintiff on October 7, 2015 was an invitee of Defendants at the time Plaintiff received his severe

injuries. At such time, Defendants, North Mart Corporation, d/b/a Canton Estates Apartments,

Canton Estates, LTD, and Defendant, Bennie Kirkland Management Company, Inc., failed to

fulfill their joint, several, and collective duty to use reasonable care and to take adequate and

reasonable security precautions or measures to protect invitees of Defendants, North Mart

Corporation, d/b/a Canton Estates Apartments, Canton Estates, LTD and Defendant, Bennie
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Kirkland Management Company, Inc., from foreseeable harm and danger, including the harm

suffered by Plaintiff.

11.

At the aforesaid time and place, the Defendants, North Mart Corporation, d/b/a Canton

Estates Apartments, Canton Estates, LTD, and Defendant, Bennie Kirkland Management

Company, Inc., individually and/or by and through their agents, servants and/or employees

maintained the aforementioned premises in a manner which posed a hazard and an unreasonable

risk to its residents and their invited guests. Defendants knew or should have known on and

prior to October 7, 2015 that their premises were subject to regular criminal activities which

posed a danger to their residents and their invited guests.

12.

On October 7, 2015 at approximately 11:15 p.m., Plaintiff, Khadafy Manning arrived at

Canton Estates Apartments for the purpose of picking up his children, who were living with their

mother, Quinnetta Thomas, in apartment 6G.

13.

The Plaintiff parked his CRV Hyundai and started walking toward Ms. Thomas

apartment. Before he could reach his destination, Plaintiff was approached by a black male, 20

to 30 years of age. The man called to Plaintiff to hold up, and started running toward Plaintiff

with a gun in his hand. Plaintiff started to run after seeing the gun, the man yelled to him to stop.

Fearing for his life, Plaintiff stopped as ordered. The man then ordered Plaintiff to lay on the

ground and to empty his pockets. Plaintiff emptied his pockets as ordered. The man took

Plaintiffs property, and then without provocation, shot him five times, three times in the left arm

and two times in the stomach. The man then took off running.

14.

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Plaintiff, was airlifted to the University Medical Center in Jackson, MS, where he

underwent emergency surgery to repair an L-1 incomplete fracture of the spine.

15.

Plaintiff was hospitalized at the University Medical Center from October 7, 2015 to

October 23, 2015. Plaintiff was transferred to the Methodist Rehabilitation Hospital in Jackson,

MS on October 7, 2015, where he remained until his release on November 6, 2015.

16.

That as a direct and proximate result of the shooting and shooting resulting on October 7,

2015 at the Defendants Canton Estates Apartments, Plaintiff has suffered a L-1 incomplete

fracture of the spine, damage to his lungs and kidneys, to have had his spleen removed. Plaintiff

as a result, is now a paraplegic.

17.

Canton Estates Apartments, on and prior to October 7, 2015 had experienced numerous

acts of criminal assaults, and other criminal acts against its tenants and their invited guests. The

acts were of such a repetitive nature over an extended period of time that it was foreseeable that

such violent acts would continue unabated and that as a result thereof, Defendants had a non-

delegable duty to warn their tenants and their guests of the increased and unreasonable likelihood

that they would be victims of criminal assault or other criminal activity while on the premise of

Canton Estates Apartments.

18.

That as a result of the foreseeable risks of harm from criminal assault and other criminal

activity, Defendants had a duty to take reasonable precautions to protect their tenants and their

invited guests from the foreseeable risk of criminal assault and other criminal activity.

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19.

That on October 7, 2015, and prior to said date, Defendants, either individually or by and

through its agents, servants and/or employees acted with less than reasonable care and was then

and there guilty of one or more of the following careless and negligent acts and omissions:

a. Improperly operated, managed and controlled its premises in failing to prevent

persons, such as the person who assaulted Plaintiff, from loitering at its apartment

complex;

b. Failing to provide adequate security at its apartment complex to protect against

criminal acts and activity such as that which Plaintiff was the victim;

c. Failed to warn Plaintiff and others lawfully on said premises of the dangerous

conditions then and there existing from foreseeable criminal activity;

d. Failed to take reasonable steps to prevent criminal activity, including criminal

assaults from occurring on its premises;

e. Caused and/or created an atmosphere of tolerance of criminal activity, including

criminal assault on its premises, which unreasonably exposed Plaintiff and others to

such criminal conduct;

f. Failure to take reasonable measures to warn and/or prevent the ongoing criminal

activity on its premises, resulting in persons, such as Fabian Williams, developing

territorial claims to said premises, thus, allowing him and others to have free and

uninhabited exercise of criminal dominion over the property and all those who

entered;

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g. Failing to have adequate security measures and/or security guard protection at

Canton Estates Apartments at the time Khadafy Manning was assaulted, and during

the months immediately prior to the October 7, 2015, to deter the commission of

crimes which had been regularly occurring on and around the premises of the

Canton Estates Apartments.

h. Failing to establish and/or enforce standards for the protection and safety of tenants

and their invited guests from physical attack;

i. Failing to take affirmative action to discover a dangerous condition on the premises

of Canton Estates Apartments including: the commission of serious and minor

crimes on said premises on a regular and continuing basis immediately prior to

October 7, 2015.

j. Failing to warn invitees such as Khadafy Manning, that criminal acts had been

taking place on and around the subject premises regularly for many months prior to

October 7, 2015; and

k. Was otherwise careless and negligent in the operation of is premises;

20.

As a direct and approximate result of one or more of the foregoing negligent acts or

omissions of the Defendants, the Plaintiff, Khadafy Manning, sustained severe and permanent

injuries; both internally and externally, and was and will be hindered and prevented from

attending his usual duties and affairs of life, and has lost and will in the future lose value of that

time as aforementioned, for which he is entitled to an award of damages from the Defendants.

21.

As a direct and proximate result of the aforesaid careless and negligent acts, the Plaintiff,

Khadafy Manning, then and there suffered great pain and anguish, both in mind and body and

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will in the future continue to suffer. The Plaintiff further expended and will expend and become

liable for large sums of money for medical care and services endeavoring to become healed and

cured of said injuries.

CAUSE OF ACTION
HARRIS FACILITY MANAGEMENT COMPANY, LLC
22.

Plaintiffs re-allege and incorporate herein by reference the allegations set forth in the

foregoing paragraphs.

23.

On October 7, 2016, and at all times relevant herein, Defendant Harris Facility

Management Company, LLC (hereinafter referred to as Harris Management) was an independent

contractor of Defendants, Northmart Corporation, d/b/a Canton Estates Apartments; Bennie Kirkland

Management Company, Inc.; Canton Estates Ltd, d/b/a Canton Estates Apartments , contracted to

provide security services for the subject Canton Estates Apartments premises.

24.

The Defendant, Harris Management, was grossly negligent and/or wanton in failing to

monitor or train their agents to properly handle security and manage the safety of those tenatns,

guests, and invitees of Canton Estates Apartments; also, further negligent and/or wanton in

failing to train their agents as they negligently and/or wantonly failed to properly follow and/or

apply their own rules, regulations, policies and procedures, as well as industry standards.

25.

Defendant had actual and/or constructive knowledge that there was a dangerous threat to

Plaintiff. On October 7, 2015, Defendant Harris Management, knew or with the exercise of

reasonable care, should have known that the physical assault of the Plaintiff could have occurred

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as the proximate result of Defendants negligence and breach of their legal duties and obligations

to Plaintiff as below set forth (not limited to):

a) By leaving the Canton Estates Apartments unsecured and accessible to anyone who

cared to enter onto the premises;

b) By failing to have adequate security guard protection at the subject Canton Estates

Apartments Complex at the time Plaintiff was as invitee/guest;

c) By failing to establish and/or enforce standards for the protection and safety of

others and which would protect guests from physical attack.

26.

Defendant, Harris Management, before and at the time the incident complained of herein,

were guilty of intentional, willful, unlawful, wanton, reckless, grossly negligent, and/or negligent

acts and/or missions which include but are not necessarily limited to its failure to have proper

protocol in place to protect residents, invitees, and guests similarly situated as Plaintiff.

27.

Defendant Harris Management had a duty to exercise due care to protect the Plaintiff and

similarly situated invitees/guests of the Defendants, Northmart Corporation, d/b/a Canton Estates

Apartments; Bennie Kirkland Management Company, Inc.; Canton Estates Ltd, d/b/a Canton Estates

Apartments. Defendant Harris Management breached that duty when they negligently failed to

intervene and/or protect Plaintiff from the harm caused to his person on the premises of Canton

Estates Apartments.

28.

Defendant Harris Managements negligence and failure to exercise due care as alleged

herein, was the proximate, or proximate contributing cause of the injuries to Plaintiff, and

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resulting damages. Plaintiff is entitled to recover damages of and from the Defendants as a result

of the negligent actions of Defendant as alleged herein.

DAMAGES

29.

The negligent actions and/or inactions of Defendants caused Khadafy Manning

reasonably foreseeable substantial physical injuries and mental anguish. As a result, Khadafy

Manning should be compensated by way of a money judgment against Defendant.

30.

Defendants actions, omissions, and conduct were done without just cause, and in

reckless, conscious and/or knowing disregard for Khadafy Mannings rights and personal safety.

Moreover, Defendants actions, omissions and conduct constitute gross negligence. Plaintiff

request an award of punitive damages in an amount to be determined by the jury.

WHEREFORE, PREMISES CONSIDERED Plaintiff demands actual, compensatory,

incidental and consequential damages from the Defendants, jointly and severely, in an amount in

excess of the jurisdictional limits of this Court, along with interest and costs. In addition,

Plaintiff demands punitive damages in an amount to be determined by the jury. Furthermore,

Plaintiff demands damages from the Defendant in an amount in excess of the jurisdictional limits

of the court together with punitive damages, as well as reasonable attorneys fees, cost of

litigation, interest from the date of the filing of this Complaint and all costs of Court.

This the 23rd day of December, 2016.

Respectfully submitted,

KHADAFY MANNING, PLAINTIFF

By: /s/Bradford J. Blackmon, Esq.

BRADFORD J. BLACKMON, MSB# 104848

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OF COUNSEL:

Edward Blackmon, JR. MSB #3354

Marcus A. Williams, MSB#104817
BLACKMON & BLACKMON, PLLC
907 West Peace Street
Post Office Drawer 105
Canton, Mississippi 39046
Telephone: (601) 859-1567
Facsimile: (601) 859-2311

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