Hibachi Sushi Lawsuit

DOCUMENT 2
ELECTRONICALLY FILED
4/23/2019 8:29 AM
03-CV-2019-900712.00
CIRCUIT COURT OF
MONTGOMERY COUNTY, ALABAMA
GINA J. ISHMAN, CLERK
IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, ALABAMA
Patricia Cornner as Administrator of the )

Estate of Daniel Cornner; )
)
PLAINTIFF )
)
vs. ) CIVIL ACTION NO: CV-__________
)
Hibachi Sushi Supreme Buffett, a )
business; Super Chow Time of )
Montgomery, a corporation; Huang Lin, )
an individual; Fictitious Defendants 1 )
through 12 whose names and identities )
are otherwise unknown to the Plaintiff )
but whose true names will be substituted )
by amendment when ascertained and who )
are further described and referred to in )
Count Two of the Complaint hereinbelow )
)
DEFENDANTS )
COMPLAINT
(Facts Applicable To All Counts Of

This Complaint)
1. This is an action for the wrongful death of Daniel Cornner, who died intestate, brought
by Patricia Cornner, as the Administrator of the estate of Daniel Cornner, deceased, under
and pursuant to the provisions of the Alabama Wrongful Death Statute, Code of Alabama
(1975), § 6-5-410.
2. The deceased Daniel Cornner died on May 4, 2017, as a proximate consequence of acts
committed by the Defendants in Montgomery County, Alabama.
3. The Plaintiff Patricia Cornner, as Administrator of the Estate of Daniel Cornner, is a
resident citizen of Lowndes County, Alabama, and was such at all times material to the
issues made the basis of this complaint.
4. The deceased, Daniel Cornner, was a resident citizen of Lowndes County, Alabama, at all
times material to the issues made the basis of this complaint.
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5. Letters of Administration on the estate of Daniel Cornner, deceased, were issued to the
Plaintiff Patricia Cornner, by the Probate Court of Lowndes County, Alabama, on the 4th
day of December 2018. A true copy of said Letters of Administration is attached to this
Complaint as Exhibit A.
6. The Defendant, Hibachi Sushi Supreme Buffett, upon information and belief, is a
business operating in Montgomery County, Alabama and was such at all times material to
the issues in this case.
7. The Defendant, Super Chow Time of Montgomery AL, Inc, upon information and belief,
is a corporation doing business in Montgomery County, Alabama and was such at all
times material to the issues in this case.
8. The Defendant, Huang Lin, upon information and belief, is a resident of Montgomery
County, Alabama and was such at all times material to the issues in this case.
COUNT ONE
(Negligent, Wanton & Unlawful Acts against Hibachi Sushi Supreme Buffet)
9. The Plaintiff in this Count is Patricia Cornner, as Administrator of the Estate of Daniel
Cornner.
10. The Defendant in this Count is Hibachi Sushi Supreme Buffett.
11. The Plaintiff re-alleges, adopts and incorporates herein by reference, all of the averments
of paragraphs hereinabove as fully and completely as if the same were set forth verbatim
herein.
12. On or about April 23, 2017, the deceased Daniel Cornner was a patron and paying
customer at the defendant restaurant Hibachi Sushi Supreme Buffett located at 181 D
Eastern Boulevard in Montgomery, Alabama.
13. At said time and place, the deceased Daniel Cornner consumed prepared food at the
defendant restaurant Hibachi Sushi Supreme Buffet and later became extremely ill
requiring medical attention and treatment and became deceased.
14. The defendant Hibachi Sushi Supreme Buffet has a documented history of complaints
made to and citations issued by the Montgomery Department of Public Health.
15. The defendant Hibachi Sushi Supreme Buffet (a) negligently, wantonly and unlawfully
failed to maintain proper food preparation, handling, environment and accommodations
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as regulated and governed by the Alabama State Board of Health and Alabama
Department of Public Heath under the authority of §20-2-2(6) and §20-20-5 of AL Code
(1975).
16. As a proximate consequence of the aforementioned said negligence, wantonness and
conduct of the Defendant Hibachi Sushi Supreme Buffet, the deceased Daniel Cornner
was caused to suffer a period of great pain, illness and suffering which lead to the
following pain and suffering:
The deceased Daniel Cornner suffered from Escherichia coli which
resulted in septic shock and serious damage to several of his vital
organs. The deceased Daniel Cornner died on May 4, 2017.
17. The Plaintiff avers that all of the deceased’s suffering and death were the proximate result
of the negligent and wanton acts of defendant Hibachi Sushi Supreme Buffet by failing to
comply with food preparation, handling, environment and accommodations as regulated
by the Alabama State Board of Health and Alabama Department of Public Heath under
the authority of §20-2-2(6) and §20-20-5 of AL Code (1975).
18. The Plaintiff claims punitive damages pursuant to the provisions of the Alabama
Wrongful Death Statute, Code of Alabama (1975), § 6-5-410.
19. With regard to the Plaintiff’s claim for punitive damages, the Plaintiff avers that, at said
time and place, Defendant Hibachi Sushi Supreme Buffet consciously or deliberately
engaged in wantonness with regard to the deceased, within the meaning of and by failing
to comply with food preparation, handling, environment and accommodations as
regulated by the Alabama State Board of Health and Alabama Department of Public
Heath under the authority of §20-2-2(6) and §20-20-5 of AL Code (1975) and with a
reckless or conscious disregard for the health and safety of the deceased Daniel Cornner
and others.
Wherefore Plaintiff Patricia Cornner, as Administrator of the Estate of Daniel Cornner,

demands judgment against the defendant Hibachi Sushi Supreme Buffett for punitive damages in
such amount as the jury shall award, together with all taxable costs and expenses incurred in the
filing and prosecution of this case and together with such interest as the law allows.
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COUNT TWO
(Negligent, Wanton & Unlawful Acts Against Super Chow Time of Montgomery AL, Inc)
Cornner.
21. The Defendant in this Count is Super Chow Time of Montgomery AL, Inc.
herein.
23. Upon information and belief, defendant Super Chow Time of Montgomery AL, Inc is a
corporation which owns and/or owned and operates and/or operated defendant Hibachi
Sushi Supreme Buffett at all times material to the issues made the basis of this complaint.
(1975).
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time and place, Defendant Hibachi Sushi Supreme Buffet consciously or deliberately
engaged in wantonness with regard to the deceased, within the meaning of by failing to
the authority of §20-2-2(6) and §20-20-5 of AL Code (1975) and with a reckless or
conscious disregard for the health and safety of the deceased Daniel Cornner and others.

demands judgment against the defendant Super Chow Time of Montgomery AL, Inc for punitive
damages in such amount as the jury shall award, together with all taxable costs and expenses
incurred in the filing and prosecution of this case and together with such interest as the law
allows.
COUNT THREE
(Negligent, Wanton & Unlawful Acts Against Huang Lin)
Cornner.
33. The Defendant in this Count is Huang Lin.
herein.
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DOCUMENT 2
35. Upon information and belief, defendant Huang Lin is and/or was the owner of the
defendants Hibachi Sushi Supreme Buffett and Super Chow Time of Montgomery AL,
Inc at all times material to the issues made the basis of this complaint.
(1975).
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time and place, Defendant Huang Lin consciously or deliberately engaged in wantonness
with regard to the deceased, within the meaning of by failing to comply with food
preparation, handling, environment and accommodations as regulated by the Alabama
State Board of Health and Alabama Department of Public Heath under the authority of
§20-2-2(6) and §20-20-5 of AL Code (1975) and with a reckless or conscious disregard
for the health and safety of the deceased Daniel Cornner and others.

demands judgment against the defendant Huang Lin for punitive damages in such amount as the
jury shall award, together with all taxable costs and expenses incurred in the filing and
prosecution of this case and together with such interest as the law allows.
COUNT FOUR
(Negligent, Wanton & Unlawful Acts Against Fictitious Defendants)
Cornner.
45. The Defendants in this Count are Fictitious Defendants 1 through 12, whose names and
identities are otherwise unknown to the Plaintiff but whose true names will be substituted
by amendment when ascertained and who are further described in paragraphs
hereinbelow.
46. Plaintiff re-alleges, adopts and incorporates herein by reference all of the factual
averments of all Counts contained herein, and all of the theories of liability asserted in all
Counts of this Complaint, as fully as if the same were set forth verbatim herein.
47. Fictitious Defendants 1 and 2 are the persons, firms, corporations, partnerships,
proprietorships, and other entities that were doing business as one of the named
defendants herein either by whom or by which each named defendant was owned at the
time of the incident made the basis of this suit, whose names and identities are otherwise
unknown to the Plaintiff but whose true names will be substituted by amendment when
ascertained.
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proprietorships, and other entities who owned and/or was in partnership with each named
defendant collectively or separately at the time of the incident made the basis of this suit
whose names and identities are otherwise unknown to the Plaintiff but whose true names
will be substituted by amendment when ascertained.
proprietorships, and other entities whose acts or omissions or conduct caused or
contributed to the incident made the basis of this suit, whose names and identities are
otherwise unknown to the Plaintiff but whose true names will be substituted by
amendment when ascertained.
proprietorships, and other entities that negligently or wantonly failed to properly train,
monitor and supervise the compliance with state regulations for the preparation, handling,
environment and accommodation of food, whose names and identities are otherwise
unknown to the Plaintiffs but whose true names will be substituted by amendment when
ascertained.
proprietorships, and other entities who or which are jointly or concurrently liable for the
incident made the basis of this suit and for the decedent’s resulting injuries and
subsequent death, whose names and identities are otherwise unknown to the Plaintiff but
whose true names will be substituted by amendment when ascertained.
proprietorships, and other entities who or which are vicariously liable for the manner in
which the preparation, handling, environment and accommodation of food on the
occasion that is the subject of this case, whose names and identities are otherwise
unknown to the Plaintiff but whose true names will be substituted by amendment when
ascertained.
53. Fictitious Defendants 1 through 12, described in paragraphs hereinabove, (a) proximately
caused or proximately contributed to the decedent’s injuries and subsequent death or (b)
are otherwise jointly or concurrently or vicariously liable for the decedent’s injuries and
subsequent death.
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DOCUMENT 2
55. Wherefore Plaintiff Patricia Cornner, as Administrator of the Estate of Daniel Cornner
demands judgment against Fictitious Defendants 1 through 12 described hereinabove, for
punitive damages in such amount as the jury shall award, together with all taxable costs
and expenses incurred in the filing and prosecution of this case and together with such
interest as the law allows.
JURY DEMAND
PLAINTIFFS HEREBY DEMAND TRIAL BY STRUCK JURY

ON THE ISSUES OF THIS CAUSE
s/Kenneth Ingram, Jr.

KENNETH INGRAM, JR. (ING015)
INGRAM LAW FIRM, PC.
PO Box 1750
Alexander City, Alabama 35011
(256) 212-9700
(256) 212-1342 facsimile
[email protected]
/s/Christopher E. Sanspree
CHRISTOPHER E. SANSPREE (SAN048)
603 Martha Street
Montgomery, Alabama 36104
(334) 262-1001
(334) 262-1002 facsimile
[email protected]
Request For Service Of Process
The Plaintiff requests that the Summons and Complaint in this case be served on the
following named Defendants by certified mail AND/OR Sheriff’s Department at their respective
addresses as follows:
VIA CERTIFIED MAIL:

Hibachi Sushi Supreme Buffett
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DOCUMENT 2
C/O Huang Lin

181 Eastern Blvd
Montgomery, AL 36117
VIA CERTIFIED MAIL:

Super Chow Time of Montgomery AL, Inc
C/O Huang Lin
181 Eastern Blvd
VIA SHERIFF’S DEPARTMENT:

Huang Lin
181 Eastern Blvd

ATTORNEY FOR THE PLAINTIFF
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DOCUMENT 2

)
PLAINTIFF )
)
)
Hibachi Sushi Supreme Buffett, et. al. )
)
DEFENDANTS )
PLAINTIFF’S FIRST REQUESTS FOR ADMISSION TO

DEFENDANT HIBACHI SUSHI SUPREME BUFFET
COMES NOW the Plaintiff in the above-styled action, by and through his attorney, and
herewith serves upon you the following First Requests for Admission, pursuant to Rule 36,
Alabama Rules of Civil Procedure, and requires the Defendant to admit or deny the following
requests separately and fully in writing under oath and to serve a copy of the answers on the
undersigned within thirty days after the service of these requests, as provided by law. You are
advised that if you fail to admit any of the Requests for Admission and the Plaintiff is required to
prove any fact contained in the Requests at trial, the Plaintiff may seek all expenses incurred in
making proof, including reasonable attorneys’ fees.
1. This Defendant admits that it was properly named and served with a copy of the
Summons and Complaint in the above-styled action.
Dated this 23rd day of April, 2019.

PO Box 1750
(256) 212-9700
(256) 212-1342 facsimile
[email protected]
SERVED WITH SUMMONS AND COMPLAINT
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DOCUMENT 2

)
PLAINTIFF )
)
)
)
DEFENDANTS )

DEFENDANT SUPER CHOW TIME OF MONTGOMERY AL, INC
1. This Defendant admits that it was properly named and served with a copy of the
Dated this 23rd day of April 2019.

PO Box 1750
(256) 212-9700
(256) 212-1342 facsimile
[email protected]
12
DOCUMENT 2

)
PLAINTIFF )
)
)
)
DEFENDANTS )

DEFENDANT HUANG LIN
1. This Defendant admits that he was properly named and served with a copy of the
Dated this 23rd day of April 2019.

PO Box 1750
(256) 212-9700
(256) 212-1342 facsimile
[email protected]
13

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DOCUMENT 2

Patricia Cornner as Administrator of the )

(Facts Applicable To All Counts Of

Wherefore Plaintiff Patricia Cornner, as Administrator of the Estate of Daniel Cornner,

Wherefore Plaintiff Patricia Cornner, as Administrator of the Estate of Daniel Cornner,

Wherefore Plaintiff Patricia Cornner, as Administrator of the Estate of Daniel Cornner,

PLAINTIFFS HEREBY DEMAND TRIAL BY STRUCK JURY

s/Kenneth Ingram, Jr.

Request For Service Of Process

VIA CERTIFIED MAIL:

C/O Huang Lin

VIA CERTIFIED MAIL:

VIA SHERIFF’S DEPARTMENT:

s/Kenneth Ingram, Jr.

IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, ALABAMA

Patricia Cornner as Administrator of the )

PLAINTIFF’S FIRST REQUESTS FOR ADMISSION TO

Dated this 23rd day of April, 2019.

SERVED WITH SUMMONS AND COMPLAINT

IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, ALABAMA

Patricia Cornner as Administrator of the )

PLAINTIFF’S FIRST REQUESTS FOR ADMISSION TO

Dated this 23rd day of April 2019.

SERVED WITH SUMMONS AND COMPLAINT

IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, ALABAMA

Patricia Cornner as Administrator of the )

PLAINTIFF’S FIRST REQUESTS FOR ADMISSION TO

Dated this 23rd day of April 2019.

SERVED WITH SUMMONS AND COMPLAINT

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