SAKKAS, CAHN WEISS, LLP 11?18 Saddle River Road Fair Lawn, NJ 07410 (201) 659-4144 Of counsel to Plaintiff for; THE EDELSTEINS, FAEGENBURG BROWN, LLP Attorneys for Plaintiff 61 Broadway, Suite 2210 New York, New York 10006 Attorneys for Plaintiff Tel. (212) 425-1999 Fax (212) 425-1999 DANA CORRAR, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY Plaintiff, DOCKET NO.: vs. I CIVIL ACTION SARAH CHIECO, General Administratrix COMPLAINT AND JURY DEMAND and Adlninistratiix ad Prosequendum of the Estate of ASHLEY CHIECO, deceased, TIKI BAR, INC., WATER EDGE, LLC, SEABREEZE INCORPORATED, CAMERYN DALTON, LLC, SCOTT DAVE, LLC, LLC, SCOTT E. BASSINDER and DAVID C. BASSINDER, DOES 1~10,? CORPORATIONS 1-10,? (The names being fictitious designations for persons and/or business entities whose true identities are presently unknown) Defendants. a a a y?n Plaintiff DANA CORRAR, residing at 340 Green Street, Township of Old Bridge, County of Middlesex, State of New Jersey, by way of this Complaint against the Defendants, does hereby state. as follows: FIRST COUNT 1. That SARAH CHIECO, mother of Decedent ASHLEY CHIECO, was duly appointed General Administratrix and Administratrix ad Prosequendum of the Estate of ASHLEY CHIECO by Order of the Honorable Surrogate of Bergen County. 2. That on or about August 16, 2013, the Plaintiff DANA CORRAR was lawfully operating her 2000 BMW motor vehicle in a south bound direction on Route 18 near the Route 516 overpass in the Township of Old Bridge, County of Middlesex, State of New Jersey. 3. That at the aforesaid time and place, the Defendant SARAH decedent, ASHLEY CHIECO, in a visibly intoxicated and impaired condition, operated a stolen 2011 Hyundai motor vehicle, bearing license plate number X44ANB, for the state of New Jersey, for the year of 2013, north bound in the southbound lanes of Route 18 near the Route 516 overpass in the Township of Old Bridge, County of Middlesex, State of New Jersey. 4. That at the aforesaid time and place, the Defendant SARAH decedent, ASHLEY-CHIECO, operated the aforesaid stolen 2011 Hyundai motor vehicle in such a grossly negligent, careless and reckless manner on the wrong side of the aforesaid Route 18 roadway so as to collide head on with the vehicle of the Plaintiff. 5. That at the aforesaid time and place, the Defendant SARAH decedent, ASHLEY CHIECO, operated the aforesaid stolen 2011 Hyundai motor vehicle in violation of 39:4~50, 39:4-81, 3924?96, 39:4?97, 3924-972 and 39:4?98. 6. That as a result of the gross negligence, carelessness and recklessness of the Defendant SARAH decedent, ASHLEY CHIECO, the Plaintiff DANA CORRAR sustained severe and permanent multiple bodily injuries with severe and on- going conscious pain and suffering; that she required and does continue to require long term hospitalization and surgical and medical rehabilitative care and treatment with continuing pain and suffering and disability; that she has and continues to be unable to attend to her usual vocation and social activities; that she has been obligated to expend and will continue to expend in the future, sums of money for hospital and medical care and attention and will require additional future surgery; that she has suffered past, present and future impairment of her earning capacity, and has suffered and will continue to suffer a loss of enjoyment of life and permanent disability with ongoing pain and suffering and impairment of her normal social life activities and enjoyment of life. 7. As a direct and proximate result of the negligence, carelessness and recklessness of the Defendants as hereinbefore described, the Plaintiff sustained personal injuries which have prevented her from performing substantially all of the material acts which constituted her usual and customary daily activities, including work activities, for a period of more than ninety'(90) days during the one hundred and eighty (180) days immediately following the within the described accident. The Plaintiffs injuries were accompanied by severe pain, suffering mental suffering and emotional distress and she has been forced to seek and continues to seek medical care and treatment and she has become obligated thereby; and it is verily believed that all of the aforementioned injuries are permanent in their nature and that the Plaintiff will continue to suffer great pain, suffering, mental suffering and distress. The Plaintiff may continue to require future medical care and treatment and therefore may become further obligated. WHEREFORE, the Plaintiff DANA CORRAR demands Judgment against the Defendant SARAH decedent, ASHLEY CHIECO, for compensatory and punitive damages, together with attorney fees, interest and costs of this suit. SECOND COUNT 8 The Plaintiff DANA CORRAR, repeats and reiterates the allegations contained in the First Count, as if set forth herein at length. 9 That at all times herein mentioned the Defendant TIKI BAR, INC., was and still is a corporation organized and existing under and by Virtue of the laws of the State of New Jersey. 10 That at all times herein mentioned the Defendant WATER EDGE, LLC was and still is a limited liability corporation, organized and existing under and by virtue of the laws of the State of New Jersey. 11 That at all times herein mentioned, Defendant, SEABREEZE INCORPORATED was and still is a corporation organized and existing under and by Virtue of the laws of the State of New Jersey. 12 That at all times herein mentioned the Defendant, CAMERYN DALTON, LLC was and still is a limited liability corporation organized and existing under and by virtue of the laws of the State of New Jersey. 13 That at all times herein mentioned the Defendant TIKI BAR, INC. owned a certain bar and liquor establishment located at 308?310 Boardwalk, Point Pleasant Beach, New Jersey. 14 That at all times herein mentioned the Defendant TIKI BAR, INC. operated a certain bar and liquor establishment located at 308?3 1 0 Boardwalk, Point Pleasant Beach, New Jersey. 15 That at all times herein mentioned Defendant TIKI BAR, INC. maintained a certain bar and liquor establishment located at 308-310 Boardwalk, Point Pleasant Beach, New Jersey. 16 That at all times herein mentioned the Defendant TIKI BAR, INC. controlled a certain bar and liquor establishment located at 308610 Boardwalk, Point Pleasant Beach, New Jersey. 17 That at all times herein mentioned the Defendant TIKI BAR, INC. was in the business, among other things, of serving alcoholic beverages to its patrons. 18 That at all times herein mentioned the Defendant WATER EDGE, LLC owned a certain bar and liquor establishment located at 308-310 Boardwalk, Point Pleasant Beach, New Jersey. 19 That at all times herein mentioned the Defendant WATER EDGE, LLC operated a certain bar and liquor establishment located at 308-310 Boardwalk, Point Pleasant Beach, New Jersey, 20. That at all times herein mentioned the Defendant, WATER EDGE, LLC maintained a certain bar and liquor establishment located at 308?3 10 Boardwalk, Point Pleasant Beach, New Jersey. 21. That at all times herein mentioned the Defendant WATER EDGE, LLC controlled a certain bar and liquor establishment located at 308-310 Boardwalk, Point Pleasant Beach, New Jersey. 22. That at all times herein mentioned the Defendant WATER EDGE, LLC was in the business, among other things, of serving alcoholic beverages to its patrons. 23. That at all times herein mentioned the SEABREEZE INCORPORATED owned a certain bar and liquor establishment located at 308-310 Boardwalk, Point Pleasant Beach, New Jersey, 24. That at all times herein mentioned the Defendant SEABREEZE INCORPORATED operated a certain bar and liquor establishment located at 308-310 Boardwalk, Point Pleasant Beach, New Jersey. I 25. That at all times herein mentioned the Defendant SEABREEZE INCORPORATED maintained a certain bar located at 308?3 1 0 Boardwalk, Point Pleasant Beach, New Jersey. 26. That at all times herein mentioned the Defendant SEABREEZE INCORPORATED, controlled a certain bar and liquor establishment located at 308-310 Boardwalk, Point Pleasant Beach, New Jersey. 27. That at all times herein mentioned the Defendant SEABREEZE INCORPORATED was in the business, among other things, of serving alcoholic beverages to its patrons. 28. That at all times herein mentioned the Defendant CAMERYN DALTON, LLC as owner, landlord and lessor, owned, operated, maintained, and/ or controlled the subject bar and liquor establishment premises located at 308-310 Boardwalk, Point Pleasant Beach, New Jersey. I 29. That on or about August 16, 2013 the Defendant SARAH decedent, ASHLEY CHIECO, was a patron at the aforesaid bar and liquor establishment premises of the Defendants TIKI BAR, INC, WATER EDGE, LLC, SEABREEZE INCORPORATED and CAMERYN DALTON, LLC. 30. That at all times herein mentioned and on or about August 16, 2013, the Defendants TIKI BAR, INC, WATER EDGE, LLC, SEABREEZE INCORPORATED and CAMERYN DALTON, LLC, their agents, servants and/or employees, were under a duty to supervise their employees in such a manner so as to ensure that reasonable judgment was used in. the serving of alcoholic beverages. 31. That at all times herein mentioned and on or about August 16, 2013, the. Defendants MART TIKI BAR, INC, WATER EDGE, LLC, SEABREEZE INCORPORATED and CAMERYN DALTON, LLC, their agents, servants and/or employees, had a duty to monitor and supervise the serving of alcohol to patrons who were visibly intoxicated. 32. That at all times herein mentioned and on or about August 16, 2013, the Defendants TIKI BAR, INC, WATER EDGE, LLC, SEABREEZE INCORPORATED and CAMERYN DALTON, LLC, their agents, servants and/or employees, being engaged in the business of providing, selling, sharing, encouraging and/or facilitating the consumption of alcoholic beverages, were under the duty to educate and train their employees in knowing how to observe whether a patron is visibly intoxicated. 33. That at all times herein mentioned and on or about August 16, 2013, the Defendants TIKI BAR, INC., WATER EDGE, LLC, SEABREEZE INCORPORATED and CAMERYN DALTON, LLC, their agents, servants and/or employees, were aware, not only by the use of their ordinary senses, but also by way of their training and experience, when a patron was visibly intoxicated. 34. That at all times herein mentioned and on or about August 16, 2013, the Defendants TIKI BAR, INC., WATER EDGE, LLC, SEABREEZE INCORPORATED and CAMERYN DALTON, LLC, their agents, servants and/or employees, did negligently, carelessly and recklessly provide, share, encourage and/ or facilitate the consumption of alcoholic beverages and/ or controlled, dangerous substances by the Defendant SARAH decedent, ASHLEY CHIECO, to the point of visible intoxication and did continue to negligently, carelessly and recklessly provide, share, encourage and/or facilitate her consumption of alcoholic beverages and/or controlled, dangerous substances while visibly intoxicated. 35. That the aforesaid grossly negligent, careless and reckless actions of the Defendants TIKI BAR, INC, WATER EDGE, LLC, SEABREEZE INCORPORATED and CAMERYN DALTON, LLC, their agents, servants and/ or employees, violated and breached their duty owed to the public and also to Plaintiff DANA CORRAR not to create a foreseeable, unreasonable risk of harm to the public or Plaintiff by engaging in the activity and business of selling intoxicating liquors to their patrons and customers who are visibly intoxicated. 36. That as a direct and proximate result of the aforesaid grossly negligent, reckless and reckless actions of the Defendants TIKI BAR, INC., WATER EDGE, LLC, SEABREEZE INCRPORATED and CAMERYN DALTON, LLC, their agents, servants and/or employees, the Plaintiff DANA CORRAR sustained severe and permanent multiple bodily injuries with severe and on? going conscious pain and suffering; that she required and do es continue to require long term hospitalization and surgical and medical rehabilitative care and treatment with continuing pain and suffering and disability; that she has and continues to be unable to attend to her usual vocation and social activities; that she has been obligated to expend and will continue to expend in the future, sums of money for hospital and medical care and attention and will require additional future surgery; that she has suffered past, present and future impairment of her earning capacity, and has suffered and will continue to suffer a loss of enjoyment of life and permanent disability with ongoing pain and suffering and impairment of her nonnal social life activities and enjoyment of life. 37. The Defendants DOES 1-10,? CORPORATIONS 1?10,? are fictitious names intended to identify any and all parties, including individuals, corporations and/or other entities whose identities are presently unknown to the Plaintiff, who together with the named Defendants were responsible for the ownership, operation, control and maintenance of the vehicle involved in the collision and/or the properties, including the aforementioned bar and parking lot or who in anyway caused or contributed to the Plaintiffs injuries. WHEREFORE, the Plaintiff DANA CORRAR demands Judgment against the Defendants TIKI BAR, INC, WATER EDGE, LLC, SEABREEZE INCRPORATED, DOES 1-10,? CORPORATIONS 1-10,? (The names being ?ctitious designations for persons and/or Business entities Whose true identities are presently unknown) and CAMERYN DALTON, LLC, jointly, severally and/or jointly and severally, for compensatory damages and punitive damages, together with attorney fees, interest and costs of this suit THIRD COUNT .38. The Plaintiff DANA CORRAR repeats and reiterates the allegations contained in the First and Second Count, as if set forth herein at length. 39. That the actions of the Defendants, TIKI BAR, INC, WATER EDGE, LLC, SEABREEZE INCRPORATED and CAMERYN DALTON, LLC as aforesaid, did violate the provisions of The New Jersey Licensed Alcoholic Beverage Server Fair Liability Act 2Az22 A?l; and the provisions of N.J.S.A. et seq. 40. That the Defendants, TIKI BAR, INC, MART WATER EDGE, LLC, SEABREEZE INCORPORATED and CAMERYN DALTON, LLC, had a duty not to violate the provisions of The New Jersey Licensed Alcoholic Beverage Server Fair Liability Act N.J.S.A. A-l; and the provisions of 55, et seq. 41. That as a direct and proximate result of the grossly negligent, careless and reckless actions of the Defendants TIKI BAR, INC., WATER EDGE, LLC, SEABREEZE INCRPORATED and CAMERYN DALTON, 10 LLC as aforesaid, and the violations of the provisions of The New Jersey Licensed Alcoholic Beverage Server Fair Liability Act N.J.S.A. 2Az22 A?l; and the provisions of N.J.S.A. et seq. the Plaintiff DANA CORRAR sustained severe and permanent multiple bodily injuries with severe and on- going conscious pain and suffering; that she required and does continue to require long term hospitalization and surgical and medical rehabilitative care and treatment with continuing pain and suffering and disability; that she has and continues to be unable to attend to her usual vocation and social activities; that she has been obligated to expend and will continue to expend in the future, sums of money for hospital and medical care and attention and will require additional future surgery; that she has suffered past, present and future impairment of her earning capacity, and has suffered and. will continue to suffer a loss of enjoyment of life and permanent disability with ongoing pain and suffering and impairment of her normal social life activities and enjoyment of life. WHEREFORE, the Plaintiff DANA CORRAR demands Judgment against the Defendants TIKI BAR, INC, WATER EDGE, LLC, SEABREEZE INCRPORATED, DOES l~10,? CORPORATIONS 1-10,? (The names being fictitious designations for persons and/or Business entities whose true identities are presently unknown) and CAMERYN DALTON, LLC, jointly, severally and/ or jointly and severally, for compensatory damages and punitive damages, together with attorney fees, interest and costs of this suit. FOURTH COUNT 42. The Plaintiff DANA CORRAR repeats and reiterates the allegations contained in the First, Second. and Third Counts, as if set forth herein at length. 11 43. That at all times herein mentioned, the DefendantSCOTT DAVE, LLC was and still is a limited liability corporation, organized and existing under and by virtue of the laws of the State of New Jersey. 44. That at all times herein mentioned, LLC, was and still is a limited liability corporation, organized and existing under and by virtue of the laws of the State of New Jersey. 45. That at all times herein mentioned the Defendant SCOTT DAVE, LLC owned a certain parking lot located at 11 Central Avenue, Point Pleasant Beach, New Jersey. 46. That at all times herein mentioned the Defendant SCOTT DAVE, LLC operated the aforesaid parking lot located at 11 Central Avenue, Point Pleasant Beach, New Jersey. 47. That at all times herein mentioned the Defendant SCOTT DAVE, LLC maintained the aforesaid parking lot located at 11 Central Avenue, Point Pleasant Beach, New Jersey. 48. That at all times herein mentioned the Defendant SCOTT DAVE, LLC controlled the aforesaid parking lot located at 11 Central Avenue, Point. Pleasant Beach, New Jersey. 49. That at all times herein mentioned the Defendant LLC, as owner, landlordand lessor, owned, operated, maintained, and/or controlled the aforesaid parking lot premises located at 11 Central Avenue, Point Pleasant Beach, New Jersey. 50. That at all times herein mentioned the Defendants SCOTT DAVE, LLC and LLC, their agents servants and/or employees, negligently, carelessly and 12 recklessly operated, maintained, and/or controlled the subject parking lot located at 11 Central Avenue, Point Pleasant Beach, New Jersey. 51. That on or about August 16, 2013, the Defendants SCOTT DAVE, LLC and LLC, their agents, servants and/or employees, had a duty to properly monitor, patrol, supervise and inspect its parking lot premises, safeguard the motor vehicles thereat and otherwise prevent persons from unlawfully removing motor vehicles from Defendants said parking lot. 52. That on or about August 16, 2013, the Defendants SCOTT DAVE, LLC and LLC, their agents, servants and/or employees, breached and violated their duty and did negligently, carelessly and recklessly allow and permit SARAH decedent, ASHLEY CHIECO, who was visibly intoxicated and impaired, to unlawfully remove from its parking lot the aforesaid 2011 Hyundai motor vehicle bearing license plate number X44ANB, for the state of New ersey,_for the year of 201 3.. 5 3. That on or about August 16, 2013, the visiblyintoxicated Defendant SARAH Decedent, ASHLEY CHIECO, unlawfully drove the aforesaid motor vehicle out of and off the parking lot premises of the Defendants SCOTT DAVE, LLC and PARKING, LLC onto Route 18, driving north bound on the south bound roadway, and causing the collision with Plaintiff 5 vehicle at the intersection of Route 516 in Old Bridge, New Jersey. 54. That as a direct and proximate result of the grossly negligent, careless and reckless actions of the Defendants SCOTT DAVE, LLC and LLC as aforesaid, the Plaintiff DANA CORRAR sustained severe and permanent multiple bodily injuries with severe and on? going conscious pain and suffering; that she required and does continue to 13 require long term hospitalization and surgical and medical rehabilitative care and treatment with continuing pain and suffering and disability; that she has and continues to be unable to attend to her usual vocation and social activities; that she has been obligated to expend and will continue to expend in the future, sums of money for hospital and medical care and attention and will require additional future surgery; that she has suffered past, present and future impairment of her earning capacity, and has suffered and will continue to suffer a loss of enjoyment of life and permanent disability with ongoing pain and suffering and impairment of her normal social life activities and enjoyment of life. WHEREFORE, the Plaintiff DANA CORRAR demands Judgment against the Defendants SCOTT DAVE, LLC and LLC, jointly, severally and/or jointly and severally, for compensatory damages and punitive damages, together with attorney fees, interest and costs of this suit. FIFTH COUNT 56. The Plaintiff DANA CORRAR repeats and reiterates the allegations contained in the First, Second, Third and Fourth Counts, as if set forth herein at length. 57. That at all times herein mentioned and on or about August. 16, 2013, the Defendants TIKI BAR, INC, WATER EDGE, LLC, SEABREEZE INCORPORATE, DOES 1-10,? CORPORATIONS 1-10,? (The names being fictitious designations for persons and/or Business entities whose true identities are presently unknown) and CAMERYN DALTON, LLC, their agents, servants and/or employees, being engaged in the business of providing, selling, sharing, encouraging and/ or facilitating the consumption of alcoholic beverages, were aware that the majority of their 14 customers arrived at their facility by motor vehicle and thus would be also be leaving their premises by way of motor vehicle. 58. That at all times herein mentioned and on or about August 16, 2013, the Defendants TIKI BAR, INC, WATER EDGE, LLC, SEABREEZE INCORPORATED and CAMERYN DALTON, LLC, their agents, servants and/or employees, being engaged in the business of providing, selling, sharing, encouraging and/ or facilitating the consumption of alcoholic beverages, were aware of numerous alcohol related incidents on their premises, including but not limited to, visibly intoxicated patrons operating motor vehicles while under the in?uence of alcohol. 59. That at all times herein mentioned and on or about August 16, 2013, the Defendants TIKI BAR, INC, WATER EDGE, LLC, SEABREEZE INCORPORATED and CAMERYN DALTON, LLC, their agents, servants and/or employees, provided parking facilities speci?cally for their customers, whom they knew or had reason to believe would be engaging in the consumption of alcoholic beverages. 60. That the parking lots were operated by Defendants SCOTT DAVE, LLC and PARKING, LLC who were subsidiary companies to Defendants IKI BAR, INC, WATER EDGE, LLC, SEABREEZE INCORPORATED and CAMERYN DALTON, LLC. 61. That the employees of Defendants SCOTT DAVE, LLC and PARKING, LLC were controlled by and acted as agents of one or more of the Defendants TIKI BAR, INC, WATER EDGE, LLC, SEABREEZE INCORPORATED and CAMERYN DALTON, LLC. 15 62. That the sole and exclusive purpose of Defendants SCOTT DAVE, LLC and PARKING, LLC was to operate various parking lots solely for the bene?t of Defendants TIKI BAR, INC., WATER EDGE, LLC, SEABREEZE INCORPORATED and CAMERYN DALTON, LLC. 62. That at all times herein mentioned and on or about August 16, 2013, the Defendants TIKI BAR, INC., WATER EDGE, LLC, SEABREEZE INCORPORATED and CAMERYN DALTON, LLC, SCOTT DAVE, LLC and PARKING, LLC their agents, servants and/0r employees, charged a fee for their customers to park their cars. 63. That at all times herein mentioned and on or about August 16, 2013, the. Defendants TIKI BAR, INC., WATER EDGE, LLC, SEABREEZE INCORPORATED and CAMERYN DALTON, LLC, SCOTT DAVE, LLC and PARKING, LLC their agents, servants and/or employees, employed parking lot attendants at these facilities. 64. That at all times herein mentioned and on or about August 16, 2013, the Defendants TIKI BAR, INC., WATER EDGE, LLC, SEABREEZE INCORPORATED and CAMERYN DALTON, LLC, SCOTT DAVE, LLC and PARKING, LLC their agents, servants and/01? employees, required that customers using their parking lots leave the keys to their vehicles with the parking lot attendants. 65. That at all times herein mentioned and on or about August 16, 2013, the Defendants IKI BAR, INC., WATER EDGE, LLC, SEABREEZE INCORPORATED DOES l-lO,? CORPORATIONS l-10,? l6 (The names being ?ctitious designations for persons and/or Business entities whose true identities are presently unknown) and CAMERYN DALTON, LLC, SCOTT DAVE, LLC and PARKING, LLC their agents, servants and/or employees, being engaged in the business of providing, selling, sharing, encouraging and/or facilitating the consumption of alcoholic beverages, while being aware that most if not all of their patrons would be consuming alcoholic beverages, and while being aware that many of them Would be returning to their motor vehicles negligently and carelessly failed to ensure that visibly intoxicated patrons would not drive from their premises. 66. That at all times herein mentioned and on or about August 16, 2013, the Defendants TIKI BAR, INC., WATER EDGE, LLC, SEABREEZE INCORPORATED and CAMERYN DALTON, LLC, SCOTT DAVE, LLC and PARKING, their agents, servants and/or employees, being engaged in the business of providing, selling, sharing, encouraging and/ or facilitating the consumption of alcoholic beverages, were aware of prior incidents of intoxicated patrons leaving their premises and operating motor vehicles that were parked on their premises. 67. That at all times herein mentioned and on or about August 16, 2013, the Defendants TIKI BAR, INC., WATER EDGE, LLC, SEABREEZE INCORPORATED and CAMERYN DALTON, LLC, SCOTT DAVE, LLC and PARKING, LLC their agents, servants and/ or employees, being engaged in the business of providing, selling, sharing, encouraging and/ or facilitating the consumption of alcoholic beverages, were aware of prior alcohol related security incidents of intoxicated patrons l7 leaving their premises and urinating in public, ?ghting and otherwise causing general disturbances to the public. 68. That at all times herein mentioned and on or about August 16, 2013, the Defendants TIKI BAR, INC., WATER EDGE, LLC, SEABREEZE INCORPORATED and CAMERYN DALTON, LLC, SCOTT DAVE, LLC and PARKING, LLC their agents, servants and/or employees, being engaged in the business of providing, selling, sharing, encouraging and/ or facilitating the consumption of alcoholic beverages, being aware of prior incidents of intoxicated patrons leaving their premises and operating motor vehicles that were parked on their premises, being aware of multiple other alcohol related security issues regarding customers leaving their premises, negligently and carelessly breached their duty to the public and to the Plaintiff DANA CORRAR, by failing to have suf?cient safety measures in place to prevent visibly intoxicated patrons from Operating motor vehicles, particularly when said motor vehicles were parked in their parking lots. 69. That at all times herein mentioned and on or about August 16, 2013, the Defendants TIKI BAR, INC., WATER EDGE, LLC, SEABREEZE INCORPORATED and CAMERYN DALTON, LLC, SCOTT DAVE, LLC and PARKING, LLC their agents, servants and/or employees, being engaged in the business of providing, selling, sharing, encouraging and/or facilitating the consumption of alcoholic beverages, while being aware of these prior incidents of patrons leaving their premises in visibly intoxicated states and operating motor vehicles, had the duty and the ability to prevent these patrons from operating their or other persons motor vehicles, by way of parking lot attendants and/or security personnel having control over the vehicles. 18 70. That at all times herein mentioned and on or about August 16, 2013, the Defendants TIKI BAR, INC., WATER EDGE, LLC, SEABREEZE INCORPORATED and CAMERYN DALTON, LLC, SCOTT DAVE, LLC and PARKING, LLC their agents, servants and/or employees, being engaged in the business of providing, selling, sharing, encouraging and/or facilitating the consumption of alcoholic beverages, while being aware of prior alcohol related incidents, including but not limited to, patrons operating motor vehicles while under the in?uence of alcohol, negligently and carelessly failed to implement sufficient security measures to prevent said occurrences. 71. That at all times herein mentioned and on or about August 16, 2013, the Defendants TIKI BAR, INC, WATER EDGE, LLC, SEABREEZE INCORPORATED and CAMERYN DALTON, LLC, SCOTT DAVE, LLC and PARKING, LLC their agents, servants and/or employees, being engaged in the business of providing, selling, sharing, encouraging and/or facilitating the consumption of alcoholic beverages, were negligent, careless and reckless in failing to take sufficient action to prevent visibly intoxicated patrons from operating motor vehicles that were under their control. 72. On August 16, 2013, Defendants TIKI BAR, INC, WATER EDGE, LLC, SEABREEZE INCORPORATED and CAMERYN DALTON, LLC, SCOTT DAVE, LLC and PARKING, LLC their agents, servants and/or employees, negligently, carelessly, recklessly and unlawfully permitted Defendant SARAH decedent, ASHLEY CHIECO, in a visibly intoxicated state, to steal a vehicle that was not her own, and drive off of their premises. WHEREFORE, the Plaintiff DANA CORRAR demands Judgment against the 19 Defendants TIKI BAR, INC., WATER EDGE, LLC, SEABREEZE INCRPORATED, DOES 1-10,? CORPORATIONS 1-10,? (The names being ?ctitious designations for persons and/ or Business entities whose true identities are presently unknown) and CAMERYN DALTON, LLC, SCOTT DAVE, LLC and PARKING, LLC jointly, severally and/or jointly and severally, for compensatory damages and punitive damages, together with attorney fees, interest and costs of this suit. SIXTH COUNT 73. The Plaintiff DANA CORRAR repeats and reiterates the allegations contained in the First, Second, Third, Fourth and Fifth Counts, as if set forth herein at length. 74. That upon information and belief, at all the times hereinafter mentioned the Defendants SCOTT E. BASSINDER and DAVID C. BASSINDER are individuals regularly engaged in the transaction of businesses involving the operation, ownership, maintenance, and management of certain bars, liquor establishments and parking lots including but not limited to TIKI BAR, IN C., WATER EDGE, LLC, SEABREEZE INCORPORATED, CAMERYN DALTON, LLC and SCOTT DAVE, LLC, . said Defendants having an of?ce for the transaction of such businesses at 308-310 Boardwalk, PO. Box 1171, Point Pleasant Beach, New Jersey. 75. That upon information and belief, at all the times hereinafter mentioned the Defendants SCOTT E. BASSINDER and DAVID C. BASSINDER directly or indirectly owned all or a majority of the capital stock of each of the Defendant corporations TIKI BAR, INC, WATER EDGE, LLC, SEABREEZE INCORPORATED, CAMERYN DALTON, LLC and SCOTT DAVE, LLC. 20 76. That upon information and belief, at all the times hereinafter mentioned the Defendants SCOTT E. BASSINDER and DAVID C. BASSINDER were of?cers and/or directors, duly authorized to conduct business on behalf of all of the Defendant corporations. - TIKI BAR, INC., WATER EDGE, LLC, SEABREEZE INCORPORATED, CAMERYN DALTON, LLC and SCOTT DAVE, LLC. 77. That upon information and belief, at all the times hereinafter mentioned the I Defendants SCOTT E. BASSINDER and DAVID C. BASSINDER, were the owners of the Defendant corporations TIKI BAR, INC, WATER EDGE, LLC, SEABREEZE INCORPORATED, CAMERYN DALTON, LLC and SCOTT DAVE, LLC. operating in the State of New Jersey, all of which were owned, operated, maintained and controlled by said Defendants as a single network and enterprise; and that the aforesaid bars, liquor establishments and parking lots were registered by the said Defendants from time to time in the name of numerous different corporations all of which were organized, managed, dominated and controlled as the alter egos and creatures of the said Defendants who were the principals or only stockholders, directors and chief executive of?cers thereof. 78. That upon information and belief the Defendants SCOTT E. BASSINDER and DAVID C. BASSINDER, individually and/or jointly, operated all of the aforesaid Defendant corporations, interchanged and commingled the receipts, disbursements, assets and properties of the aforesaid corporations as their own, purchased centrally all supplies for all of the said Defendant corporations; and all other operations and properties of all of the said Defendant corporations were operated, controlled, managed and maintained as a single entity, unit and 21 enterprise by the Defendants SCOTT E. BASSINDER and DAVID C. BASSINDER. 79. That upon information and belief, the aforesaid Defendant corporations were created, operated, maintained and manipulated by the Defendants SCOTT E. BASSINDER and DAVID C. BASSINDER, as a device and arti?ce for the purpose and with the intention of defrauding all persons, including the Plaintiff DANA CORRAR, who are injured by such ownership, operation and management by Defendants so that such persons would not be able to recover the full amount of the damage sustained by them; that the aforesaid Defendant corporations were mere Shams and ?ctions; the instruments and agents of the Defendants SCOTT E. BASSINDER and DAVID C. BASSINDER, in that none of the aforesaid Defendant corporations has a separate existence of their own, and their existence served no other purpose other than to enable the Defendants SCOTT E. BASSINDER and DAVID C. BASSINDER, to de?aud the public, including the Plaintiff DANA CORRAR. 80. That upon information and belief, at all times hereinafter mentioned all of the aforesaid Defendant corporations borrowed money from various New Jersey lending institutions, secured by chattel mortgages on all assets owned and operated by the said corporations, and also secured by note and endorsed personally by Defendants SCOTT E. BASSINDER and DAVID C. BASSINDER. 81. That upon information and belief, at all times hereinafter mentioned the aforesaid borrowed funds were commingled, and were used centrally to purchase supplies and equipment for the Defendants? bars, liquor establishments and park lots so that what was owned by one corporation would be used as collateral to borrow money to purchase supplies and equipment for 22 other corporations, and otherwise used and otherwise maintained to capitalize and operate the bars, liquor establishments and parking lots as an entity and an economic unit. 82. That upon information and belief, at all times hereinafter mentioned the Defendants SCOTT E. BASSINDER and DAVID C. BASSINDER wholly or principally ?nanced from time to time insofar as they were ?nanced, all of the aforesaid Defendant corporations. 83. That upon information and belief at all times hereinafter mentioned the aforesaid Defendant corporations have substantially no business and no assets except those conveyed to them by the Defendants SCOTT E. BASSINDER and DAVID C. that all assets listed on the books of the said corporations were hypothecated to various banks and/or lenders; and that the funds resulting from such loans and hypothecations were appropriated by the Defendants SCOTT E. BASSINDER and DAVID C. BASSINDER for their own use. 84. That upon information and belief, at all times hereinafter mentioned the income and funds of all of the aforesaid Defendant corporations were commingled and utilized for the bene?t and advantage of the Defendants SCOTT E. BASSINGER and DAVID C. BASSINGER. 85. That upon information and belief, at all times hereinafter mentioned the various expenses of the aforesaid Defendant corporations and losses incurred in the name of said Defendants were paid from monies contributed to them by the Defendant SCOTT E. BASSINDER and DAVID C. BASSINDER. 86. That upon information and belief, at all times hereinafter mentioned the Defendants SCOTT E. BASSINDER and DAVID C. BASSINDER cauSed the aforesaid 23 Defendant corporations to be incorporated and vested them with such capital as they from time to time possessed. 87. That upon information and belief, at all times hereinafter mentioned the capital with which the Defendants SCOTT E. BASSINDER and DAVID C. BASSINDER vested and provided for the aforesaid Defendant corporations was grossly inadequate and disproportionate to the amount and type of business conducted and obligations assumed in the names of the said Defendant corporations. 88. That upon information and belief, at all times hereinafter mentioned, the Defendants SCOTT E. BASSINDER and DAVID C. BASSINDER dealt with and used the property and assets of the aforesaid Defendant corporations as their own property and assets. 89. That upon information and belief, at all times hereinafter mentioned the Defendants SCOTT E. BASSINDER and DAVID C. BASSINDER stripped the aforesaid Defendant corporations of their property and assets and diverted and utilized the business and property of the said Defendants for their own benefit and advantage. 90. That upon information and belief, at all times hereinafter mentioned the Defendants SCOTT E. BASSINDER and DAVID C. BASSINDER were directors and the chief executive officers of all of the aforesaid Defendant corporations. 91. That upon information and belief, at all times hereinafter mentioned the corporate books and records and books of account of the aforesaid Defendant corporations were kept at the same office and under the custody and control of the same persons, purporting to act in separate capacities for each of the said Defendants. 24 92. That upon information and belief, at all times hereinafter mentioned the Defendants SCOTT E. BASSINDER and DAVID C. BASSINDER were directors and the chief executive of?cers of each of the aforesaid Defendant corporations and did not act independently or in the interests of the various Defendants; and instead acted in the interest of themselves. 93. That upon information and belief, at all times hereinafter mentioned through the aforesaid interlocking director and identity of of?cers, the Defendants SCOTT E. and DAVID C. BASSINDER controlled the acts of all of the aforesaid Defendant corporations and that they dictated the policies and acts of the said Defendant corporations. 94. That upon information and belief, at all times hereinafter mentioned by virtue of the aforesaid ownership of capital stock, the interlocking directorate and identities cf the of?cers of the aforesaid Defendant corporations, the affairs, assets, property and identities of the said Defendant corporations were so closely interwoven and intermingled that the dividing line between the affairs, assets, property and identities of the said Defendant corporations and the individual stockholders SCOTT E. and DAVID C. BASSINDER was practically indistinguishable and non-existent. 95. That upon information and belief, at all times hereinafter mentioned the Defendants SCOTT E. BASSINGER and DAVID C. BASSINDER made no attempt to preserve and maintain and failed in any substantial manner to preserve and maintain the semblance of the formalities and legal requirements of separate corporate identities of the aforesaid Defendant corporations. 96. That at all times hereinafter mentioned herein, all of the aforesaid Defendant corporations maintained conducted and managed as one corporation and are and were in effect a 25 formalities and legal requirements of separate corporate identities of the aforesaid Defendant corporations. 96. That at all times hereinafter mentioned herein, all of the aforesaid Defendant corporations maintained conducted and managed as. one corporation and are and were in effect a single corporate entity and the said corporate entity was maintained, conducted and managed for the bene?t of the Defendants SCOTT E. BASSINDER and DAVID C. BASSINDER. the Plaintiff, DANA CORRAR demands Judgment against the Defendants SCOTT E. BASSINDER and DAVID C. BASSINDER for damages, together with interest and. costs of this suit. JURY DEMAND The Plaintiff DANA CORRAR. hereby demands atrial by jury on all issues. CERTIFICATION I. hereby certify that this matter is not the subject of any other actionpending in any Court or arbitration proceeding, that no such other action or arbitration proceeding is contemplated by this Plaintiff, and that there are no other parties, whom, to the knowledge of the Plaintiff?s counsel, should bejoined in this action. I I hereby certify that the. foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. SAKKAS, CAHN WEISS, LLP of counsel to; THE EDELSIEINS, FAEGENBURG BROWN, LLP nwniss, ESQ. Dated: November 6, 2013 26