Complaint

STATE OF MINNESOTA DISTRICT COURT
COUNTY OF MILLE LACS SEVENTH JUDICIAL DISTRICT
Case Type: Personal Injury
Court File No.: TBD
Jacquelyn Peltier,
Plaintiff,
vs. COMPLAINT
Kehoe Enterprise, LLC
dba Mr. Tubbs/Sun Clean Center,
Defendant.

THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANT:
Plaintiff, for her claim for relief states and alleges that:
RESIDENCE

  1. Ms. Jacquelyn Peltier (“Ms. Peltier”) was and is a resident of the City of Onamia, County of Mille Lacs, State of Minnesota.
  2. Upon information and belief, Kehoe Enterprise, LLC dba Mr. Tubbs/Sun Clean Center, the business in control of the premises where the injuries occurred, was located in the City ofOnamia, County of Mille Lacs, State of Minnesota.
    VENUE
  3. Venue is proper in this Court pursuant to Minn. Stat. § 542.095 as Mille Lacs County is the County where the occurence at issue took place.
    FACTUAL ALLEGATIONS
  4. On March 14, 2019, Plaintiff was at Defendant’s premises in order to use the tanning bed.
  5. At the previous visit to Defendant’s premises, just prior to the visit paid to Defendant’s
    premises on March 14, 2019, the supervisor/manager “Katie” demonstrated how to activate
    the fan in the vent in order to reduce the ambient temperature in the room. Said
    demonstration consisted of “Katie” climbing up onto the tanning bed, reaching above her
    head, and accessing the control for the fan in the vent. “Katie” instructed Plaintiff to imitate
    her if needed then or in the future.
  6. At the visit on March 14, 2019, Plaintiff noticed that the room housing the tanning bed was uncomfortably warm.
  7. In order to reduce the heat and make the room more comfortable, Plaintiff climbed up ontothe tanning bed in order to try to access the fan in the vent, which was in accord with theinstruction and demonstration made to her previously by “Katie.”
  8. When Plaintiff climbed onto the tanning bed, as demonstrated, the bed tipped up causing
    Plaintiff to be thrown to the floor on her right side.
  9. Despite her attempt to follow the instructions provided by “Katie”, she was seriously
    injured as a result of the tanning bed tipping up and throwing her to the ground.
  10. As a result of Defendant’s actions and omissions, Plaintiff was grievously injured.
    CAUSE OF ACTION: NEGLIGENCE
  11. Plaintiff restates and re-alleges paragraphs 1 through 9 above as though fully set forth herein.
  12. Defendant Kehoe Enterprise, LLC dba Mr. Tubbs/Sun Clean Center, had a duty to keep the premises free from defect and hazard and to provide safe instruction or accommodation for their customers, including Plaintiff.
  13. Due to Defendant’s negligence, and failure to keep the premises free from defect and hazard Plaintiff fell and sustained bodily injury.
  14. As a direct and proximate cause of Defendant’s negligent actions and omissions, Plaintiff Jacquelyn Peltier sustained injuries to her pelvis, right hand/wrist, low back, and right hip and other body parts, and was otherwise severely injured; has in the past and will in the
    future incur medical expenses for the treatment of her injuries; and has in the past and will
    in the future suffer physical and mental pain.
    WHEREFORE, Plaintiff demands judgment against Defendant as follows:
  15. Plaintiff demands judgment against the Defendant in an amount greater than Fifty Thousand Dollars ($50,000.00).
  16. For all applicable interest, costs, disbursements and attorneys’ fees incurred herein.
  17. For such further relief as the Court deems just and equitable.
  18. Plaintiff demands a jury trial.

Dated: April 25, 2022 By
C. Jeremy Lagasse (#396834)
Attorney for Plaintiff
2700 Snelling Ave N
Suite 460
Roseville, MN 55113
(651)493-0426
Jeremy@AaronFergusonLaw.com

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