plaintiffs third amended complaint and demand for jury trial

Darryl West

5650 Carpenter Road

Ypsilanti, MI 48197

(734) 961-2493

darrylsfamily2@gmail.com

Joseph West

5650 Carpenter Road

Ypsilanti, MI 48197

(734) 961-2493

darrylsfamily2@gmail.com

Plaintiffs in pro per

STATE OF MICHIGAN

IN THE 34^TH DISTRICT COURT

FOR THE COUNTY OF WAYNE

NOW COME Darryl West and Joseph West, Plaintiffs, complaining of Defendants, Gregg Geragocian and I-94 Marine and Watersports, and for cause would show this Honorable Court as follows:

1. PARTIES

1. Plaintiff Darryl West is a male adult of sound mind and a resident of 5650 Carpenter Road, Ypsilanti, MI 48197.
2. Plaintiff Joseph West is a male adult of sound mind and a resident of 5650 Carpenter Road, Ypsilanti, MI 48197. He is the son of Darryl West.
3. Defendant Gregg Geragocian is a male adult of sound mind whose work address is 43466 N Interstate 94 Service Dr., Belleville, MI 48111. He is being sued in his individual and official capacity as the General Manager at I-94 Marine and Watersports.
4. Defendant I-94 Marine and Watersports is a family-owned business conducting boat sales, service, parts, and accessories in Belleville, Michigan.

2. JURISDICTION AND VENUE

5. Jurisdiction exists in this court pursuant to Revised Judicature Act of 1961 § 600.601.
6. Venue is proper in this court because the causes of action took place in the County of Wayne.

3. JURY DEMAND
4. Plaintiffs hereby demand a trial by jury of all issues so triable pursuant to Rule 2.508 of the Michigan Court Rules.

4. STATEMENT OF FACTS

8. On or around March 15, 2021, Darryl delivered his speed boat, a 1989 Malibu Skier, with a damaged motor to I-94 Marine and Watersports and made a request that they purchase and install a new motor and complete it into running condition. Darryl also delivered a newly rebuilt carburetor and intake manifold. Darryl was informed that the total cost for buying, installing the motor and ensuring the boat is in running condition would be $5,000.00.
9. Darryl purchased two See Doo jet skies to use in the meantime as his boat was being repaired by Defendants: a red jet ski and a yellow jet ski.
10. About four weeks later, I-94 Marine and Watersports contacted Darryl and informed him that the carburetor he had delivered would not work on his boat, therefore a new one had to be purchased. He was also informed that it would cost an extra $1,500.00.
11. On or around May 1, 2021, I-94 Marine and Watersports completed repairs on Darryl’s boat and gave him a final bill of $7,300.00. The boat was then returned to Darryl.
12. Plaintiffs took the boat out in the lake and it did not run properly. Darryl returned the boat to I-94 Marine and Watersports and explained that the boat would not run properly.
13. After about a week, Defendants informed Darryl that the boat was repaired and ready to be collected. Plaintiffs took the boat to the lake and still, it would not run properly. Darryl returned the boat to I-94 Marine and Watersports. The same thing happened two more times.
14. On or about June 1, 2021, Joseph went to the lake with the boat and it stalled in the middle of the lake. As he was trying to tow the boat onto the shore, he amputated the thumb on his right hand. The right hand is Joseph’s dominant hand. 
15. Darryl began experiencing problems with the yellow jet ski. Defendants agreed to repair the jet ski at a cost of $1,400.00. The yellow jet ski was repaired and returned to Plaintiffs. There were no further problems with the yellow jet ski.
16. Plaintiffs began experiencing problems with the red jet ski. Darryl decided to get a second opinion from [who provided you with the second opinion?] as to why the speed boat had many problems. He was informed that there were issues with the motor and carburetor.
17. Darryl took the red jet ski to Defendants for repair. The motor on the red jet ski was removed and Defendants informed Darryl that the red jet ski needed a new motor and that it would cost $7,000.00 including installation. Defendants provided Darryl with diagnoses that did not make any sense. 
18. Defendants refused to put back the red jet ski together and demanded that Darryl pay $400.00 for tearing the jet ski apart.

5. CAUSES OF ACTION
6. Negligence

19. Plaintiffs hereby incorporate the facts set out in Paragraphs 8-18 of this Complaint.
20. In Schultz v. Consumers Power Co., 443 Mich. 445, 449, 506 N.W.2d 175 (1993) and Case v. Consumers Power Co., 615 NW 2d 17 (2000), it was held as follows: “To establish a prima facie case of negligence, a plaintiff must prove four elements: (1) a duty owed by the defendant to the plaintiff, (2) a breach of that duty, (3) causation, and (4) damages.”
21. Defendants represented to Darryl that they would repair his speed boat and put it in running condition. When Darry took the boat to Defendants, he expected that they would purchase and install a new motor. He also delivered a carburetor and he was informed that it would not work, therefore Defendants had to purchase and install another one at an extra cost. Plaintiffs were willing to pay for the cost of purchasing the items as well as services rendered by the Defendants. Since the only problems on the speed boat were the motor and the carburetor, Plaintiffs expected that Defendants would return the speed boat to them in perfect running condition. Defendants owed Plaintiffs a duty of care to repair the boat and return it to Plaintiffs in perfect working condition.
22. Defendants breached the duty of care to repair the boat and put it in perfect running condition by failing to properly repair the speed boat. Darryl had to return the boat to Defendants three more times, and at all times, the boat did not run properly after it was returned to Plaintiffs.
23. As a result of Defendants’ failure to properly repair the speed boat, it stalled in the middle of the lake and Joseph had to tow it onto the shore. 
24. As Joseph was towing the speed boat, he amputated his right thumb. The thumb belongs to his dominant hand. Joseph’s life has been negatively impacted by the amputation as he can no longer perform daily activities without struggling.
25. Plaintiffs have proved all elements of negligence against Defendants. Therefore, Defendants are liable to pay damages to Plaintiffs for negligence.
26. Fraudulent Misrepresentation

26. Plaintiffs hereby incorporate the facts set out in Paragraphs 8-18 of this Complaint.
27. In Novak v. Nationwide Ins. Co., 599 NW 2d. 564 (1999), the court upheld the elements of fraudulent misrepresentation outlined in M&D Inc. v. W.B. McConkey, 231 Mich. App. 22, 27, 585 N.W. 2d. 33 (1998) as follows: “The elements of fraudulent misrepresentation are (1) the defendant made a material misrepresentation, (2) the misrepresentation was false, (3) when making the representation, the defendant knew or should have known it was false, (4) the defendant made the representation with the intention that the plaintiff would act upon it, and (5) the plaintiff acted upon it and suffered damages as a result.”
28. When Defendants informed Darryl that the repairs on his speed boat were complete, they represented that the boat was now fine and that it would run properly. 
29. This representation because at all times, the speed boat failed to run properly and Darryl had to return it to Defendants. 
30. Defendants ought to have known that at all times after conducting repairs, it did not run properly.
31. When Defendants informed Darryl that the repairs on his speed boat were complete, they knew that he would use the boat on the lake.
32. At all times, Darryl believed that the boat would run properly on the lake as he was informed by Defendants that repairs on the speed boat were complete. On the fateful day that Joseph’s thumb was amputated, Plaintiffs did not expect the speed boat to stall in the middle of the lake. 
33. As a result of the amputation of his right thumb, Joseph has suffered untold suffering and misery.
34. Plaintiffs have proved all elements of fraudulent misrepresentation against Defendants. Therefore, Defendants are liable to pay damages for fraudulent misrepresentation to Plaintiffs.

6. PRAYER FOR RELIEF

REASONS WHEREFORE, Plaintiffs respectfully request this Honorable Court to grant them the following reliefs against Defendants:

1. Grant judgment to Plaintiffs against Defendants;
2. A declaration that Defendants are liable for negligence and fraudulent misrepresentation;
3. Award Plaintiffs damages for negligence in the sum of $_____;
4. Award Plaintiffs damages for fraudulent misrepresentation in the sum of $_____;
5. Award Plaintiffs punitive damages;
6. Award Plaintiffs pre and post judgment interests, costs of this suit and attorney fees as allowed by law;
7. Award Plaintiffs such equitable relief as may be appropriate under the circumstances; and
8. Award Plaintiffs such further relief as this Honorable Court deems necessary and proper.

Dated this [DATE] day of [MONTH], 2021.

Respectfully Submitted,

___________________________________

Darryl West

Plaintiff in pro per

___________________________________

Joseph West

Plaintiff in pro per

VERIFICATION

I, Darryl West, being duly sworn depose and say that I am a Plaintiff in the above entitled action, that I have read the foregoing Third Amended Complaint and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.

_________________________________

(Sign in the presence of a Notary Public)

Sworn to and subscribed before me this _____ day of ____________________, 2021.

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

My Commission Expires: ____________________

VERIFICATION

I, Joseph West, being duly sworn depose and say that I am a Plaintiff in the above entitled action, that I have read the foregoing Third Amended Complaint and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.

_________________________________

(Sign in the presence of a Notary Public)

Sworn to and subscribed before me this _____ day of ____________________, 2021.

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

My Commission Expires: ____________________

CERTIFICATE OF SERVICE

We hereby certify that a true and correct copy of the foregoing document was sent on the (Date) day of (Month) (Year) by regular U.S. mail, by facsimile, or certified mail, return receipt requested, to the following parties or attorneys of record:

Jared J. Andrzejewski, Attorney at Law

Ogne, Alberts & Stuart, P.C

1869 East Maple Road

Troy, MI 48083

(248) 362-3707

jandrzejewski@oaspc.com

Dated this [DATE] day of [MONTH], 2021.

Respectfully Submitted,

___________________________________

Darryl West

Plaintiff in pro per

___________________________________

Joseph West

Plaintiff in pro per

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