THE STATE OF MICHIGAN

TM IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE

MARKQUAN GRAY, by and through

his guardian STAR GEE,

Plaintiff,

vs. Case No. 17- - NO

17-014299-NO
Hon. FILED IN MY OFFICE
WAYNE COUNTY CLERK
THORNE PRIMARY ELEMENTARY 9/27/2017 2:49:23 PM
SCHOOL, WESTWOOD COMMUNITY CATHY M. GARRETT
SCHOOL DISTRICT, and GCA SERVICES
GROUP INC.

Defendants.

Stephen M. Lovell (P80921)

Attorneys for Plaintiff
MARKO LAW, PLC
645 Griswold St., Ste. 4100
Detroit, MI 48226
Phone: (313) 965-5555
Fax: (313) 965-5556
Email: stephen@ernstmarkolaw.com

There is no other civil action between the parties arising out of the
same transaction or occurrence as alleged in this Complaint pending
in this court, not has any such action been previously filed and
dismissed or transferred after having been assigned to a judge. I do
not know of any other civil action, not between these parties arising
out of the same transaction or occurrence as alleged in this complaint
that is either pending or was previously filed and dismissed,
transferred, or otherwise disposed of after having been assigned to a
judge in this court.

COMPLAINT AND JURY DEMAND

NOW COMES Plaintiff, by and through their attorneys MARKO LAW, PLC, for his

complaint against the above named Defendants as follows:

 JURISDICTION AND PARTIES

1. Plaintiff Markquan Grey, is a resident of the Township of Inkster, County of Wayne, State

of Michigan.

2. Defendant Thorne Primary Elementary School is a public education facility affiliated with

Westwood Community School District, located in Dearborn Heights, County of Wayne, State of

Michigan.

3. Defendant Westwood Community School District, is a public education school district

located in Dearborn Heights, County of Wayne, State of Michigan.

4. Defendant GCA Services Group Inc., is a foreign corporation with its principal place of

business located in Cleveland, Ohio.

FACTS

5. This lawsuit arises out of a severe injury caused by a defective fixture on Defendant’s

property located at 25251 Annapolis St., Dearborn Heights, Michigan 48125.

6. Defendants Thorne Primary Elementary School and Westwood Community School District

engage in functions as defined by MCL 691.1046.

7. On or about April 25, 2017, Plaintiff attended school at Defendant’s location.

8. Plaintiff walked through a doorway separating the interior from the exterior of the building,

and while doing so, a beam dividing the doorway came loose striking plaintiff on the top of the head.

9. The blow to Plaintiff’s head was so forceful that it ripped hair from Plaintiff’s scalp, and

caused a large contusion on the top of his head.

10. Upon her arrival at Defendant Thorne Primary Elementary’s location, Plaintiff’s mother was

informed by maintenance staff that the screws holding the beam in place were loose.

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11. Subsequent to the contusion Plaintiff’s demeanor drastically changed and other injuries

including but not limited to aggression, insomnia, and hallucinations emerged.

12. On or about July 20, 2017, notice was given to Defendants Thorne Primary Elementary

School and Westwood Community School District regarding the dangerous and/or defective

condition pursuant to MCL 691.1406.

13. As a result of the defective condition of the fixture provided for use by the public, Plaintiff

has suffered severe and permanent injuries, including but not limited to:

a. Insomnia;

b. Acute psychosis;

c. Aggression;

d. Medication;

e. Emotional trauma;

f. Pain and suffering;

g. Medical costs;

h. All other injuries allowable under the law.

COUNT I
NEGLIGENCE/GROSS NEGLIGENCE

14. Plaintiff hereby reincorporates and re-alleges the foregoing paragraphs as if fully set forth

herein.

15. At all times, Defendants owed Plaintiff a duty to maintain the premises and fixture in a

reasonably safe condition, to exercise ordinary care to protect Plaintiff from unreasonable risks of

injury that were known or should have been known by Defendants, to warn Plaintiff of any and all

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dangerous conditions existing on Defendant’s property and to inspect and discover possible

dangerous conditions.

16. Defendants knew and/or should have known that the fixture presented a danger.

17. Defendants breached their duties to Plaintiff in numerous ways, including but not limited to

the following:

a. Failing to correct the dangerous defect in their fixture;

b. Failing to warn its invitees and/or business visitors of the dangers associated with the

defective fixture;

c. Failure to take other corrective measures;

d. Failing to maintain the premises in a reasonably safe condition;

e. Failing to inspect the fixture for hazards, dangers, and improper conditions;

f. Failing to maintain the fixture, which was provided specifically for use by the public

in a safe condition;

g. Failing to repair the fixture, correct hazards, dangers, and improper conditions;

h. All other breaches to be discovered by and through discovery.

18. As a direct and proximate result of Defendant’s negligence as outlined above, Plaintiff has

suffered and will continue to suffer damages, including but not limited to those aforementioned.

19. Defendants Thorne Primary Elementary School and Westwood Community School District

cannot claim governmental immunity for liability as the defect in the fixture which caused the

Plaintiff injury is a building defect in a building open for use by the public, for gross negligence,

and/or any other exceptions to governmental immunity.

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 WHEREFORE, Plaintiff prays for judgment against Defendants in whatever amount the

Court or Jury determines to be fair, just, and adequate compensation for the injuries and damages

sustained, together with interest, court costs and attorney fees.

Respectfully submitted,

/s/ Stephen M. Lovell

STEPHEN M. LOVELL (P80921)
Marko Law, PLC
Attorneys for Plaintiffs
645 Griswold Street, Suite 4100
Detroit, Michigan 48226
Tel: (313) 965-5555
Fax: (313) 965-5556
stephen@ernstmarkolaw.com

September 27, 2017

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 JURY REQUEST

Plaintiff, by and through counsel, hereby requests a trial by jury in the above-captioned

matter.

WHEREFORE, Plaintiff respectfully requests this Honorable Court grant judgment in

favor of Plaintiff and against Defendants in an amount the Court or jury deems just and fair, plus

interest, costs and attorney fees.

Respectfully submitted,

/s/ Stephen M. Lovell

Stephen M. Lovell (P80921)
Counsel for Plaintiff
Marko Law, PLC
645 Griswold Street, Suite 4100
Detroit, Michigan 48226
(313) 965-5555
Stephen@ernstmarkolaw.com

Date: September 27, 2017

CERTIFICATE OF SERVICE

I hereby certify that on September 27, 2017 I presented the foregoing paper to the
Clerk of the Court for filing and uploading to the ECF system which will send
notification of such filing to the above listed attorneys of record and by certified mail
to Defendants THORNE PRIMARY ELEMENTARY, SCHOOL, WESTWOOD
COMMUNITY, SCHOOL DISTRICT, and GCA SERVICES GROUP INC.

/s/ Katie L. Williams

Katie L. Williams