IN THE UNITED STATES DISTRICT COURT
for the
Eastern District of New York
THOMAS SIDIK, as Administrator of the Estate of )
KRISTEN A. SIDIK, deceased, THOMAS SIDIK, as )
Parent and Natural Guardian of K.S., an Infant, )
THOMAS SIDIK, as Parent and Natural Guardian of )
C.S., an Infant, and THOMAS SIDIK, Individually, )
)
Plaintiffs, )
v. ) Civil Action No.: 2:17-cv-
7020
)
ROYAL SOVEREIGN INTERNATIONAL, INC., ) Jury Trial Demanded
ROYAL CENTURIAN INC., RS NINGBO, INC., )
ROYAL SOVEREIGN QINGDAO a/k/a RS QINGDAO, )
BJ’S WHOLESALE CLUB, INC., ADT LLC, and )
DEFENDERS, INC. d/b/a PROTECT YOUR HOME, )
)
Defendants. )
COMPLAINT
Plaintiff, THOMAS SIDIK, Individually, as Administrator of the Estate of
KRISTEN A. SIDIK, deceased, as Parent and Natural Guardian of K.S., an Infant, and as Parent
and Natural Guardian of C.S., an Infant, by his attorneys, WISELL, McGEE, & ROMANO,
L.L.P, complaining of the defendants, alleges upon information and belief that:
JURISDICTION AND VENUE
1. At all relevant times prior to and including December 15, 2016, plaintiff
THOMAS SIDIK, was the lawfully wedded husband of plaintiff decedent, KRISTEN A. SIDIK.
2. On December 15, 2016, as a result of the events complained of herein,
KRISTEN A. SIDIK died.
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3. On January 19, 2017, the Surrogate’s Court, County of Suffolk, issued
Letters of Administration to plaintiff, THOMAS SIDIK, with respect to the Estate of KRISTEN
A. SIDIK. Said Letters of Administration remain in full force and effect.
4. Plaintiff, THOMAS SIDIK, is the father and natural guardian of the infant
plaintiffs, K.S. and C.S.
5. Decedent, KRISTEN A. SIDIK, was the mother and natural guardian of
the infant plaintiffs, K.S. and C.S.
6. At all times herein mentioned, plaintiff, THOMAS SIDIK, was a resident
of the State of New York.
7. At all times herein mentioned, defendant ROYAL SOVEREIGN
INTERNATIONAL, INC. was a foreign business corporation duly organized and existing
pursuant to the laws of the State of New Jersey.
8. At all times herein mentioned, defendant ROYAL SOVEREIGN
INTERNATIONAL, INC. was a foreign business corporation with its principal place of business
in Rockleigh, New Jersey.
9. At all times herein mentioned, defendant ROYAL SOVEREIGN
INTERNATIONAL, INC. was a foreign business corporation duly authorized to transact
business in the State of New York.
10. At all times herein mentioned, defendant ROYAL SOVEREIGN
INTERNATIONAL, INC. transacted business in the State of New York.
11. At all times herein mentioned, defendant ROYAL SOVEREIGN
INTERNATIONAL, INC. did and/or solicited business in the State of New York.
12. At all times herein mentioned, defendant ROYAL SOVEREIGN
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INTERNATIONAL, INC. derived substantial revenues from interstate and/or international
commerce.
13. At all times herein mentioned, defendant ROYAL SOVEREIGN
INTERNATIONAL, INC. derived substantial revenues from interstate and/or international
commerce, including commerce in the State of New York.
14. At all times herein mentioned, defendant, ROYAL SOVEREIGN
INTERNATIONAL, INC. expected, or should reasonably have expected, its acts and business
activities to have consequences within the State of New York.
15. At all times herein mentioned, defendant ROYAL CENTURIAN INC.
was a foreign business corporation duly organized and existing pursuant to the laws of the State
of New Jersey.
16. At all times herein mentioned, defendant ROYAL CENTURIAN INC.
was a foreign business corporation with its principal place of business in Rockleigh, New Jersey.
17. At all times herein mentioned, defendant ROYAL CENTURIAN INC.
was a foreign business corporation duly authorized to transact business in the State of New York.
18. At all times herein mentioned, defendant ROYAL CENTURIAN INC.
transacted business in the State of New York.
19. At all times herein mentioned, defendant ROYAL CENTURIAN INC. did
and/or solicited business in the State of New York.
20. At all times herein mentioned, defendant ROYAL CENTURIAN INC.
derived substantial revenues from interstate and/or international commerce.
21. At all times herein mentioned, defendant ROYAL CENTURIAN INC.
derived substantial revenues from interstate and/or international commerce, including commerce
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in the State of New York.
22. At all times herein mentioned, defendant, ROYAL CENTURIAN INC.
expected, or should reasonably have expected, its acts and business activities to have
consequences within the State of New York.
23. Upon information and belief, at all times herein mentioned, ROYAL
CENTURION, INC. was and still is a division or subsidiary of defendant ROYAL SOVEREIGN
INTERNATIONAL, INC.
24. At all times herein mentioned, defendant RS NINGBO, INC. was a
foreign business corporation duly organized and existing pursuant to the laws of the State of
New Jersey.
25. At all times herein mentioned, defendant RS NINGBO, INC. was a
foreign business corporation with its principal place of business in Rockleigh, New Jersey.
26. At all times herein mentioned, defendant RS NINGBO, INC. was a
foreign business corporation duly authorized to transact business in the State of New York.
27. At all times herein mentioned, defendant RS NINGBO, INC. transacted
business in the State of New York.
28. At all times herein mentioned, defendant RS NINGBO, INC. did and/or
solicited business in the State of New York.
29. At all times herein mentioned, defendant RS NINGBO, INC. derived
substantial revenues from interstate and/or international commerce.
30. At all times herein mentioned, defendant RS NINGBO, INC. derived
substantial revenues from interstate and/or international commerce, including commerce in the
State of New York.
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31. At all times herein mentioned, defendant, RS NINGBO, INC. expected,
or should reasonably have expected, its acts and business activities to have consequences within
the State of New York.
32. Upon information and belief, that at all times herein mentioned, RS
NINGBO, INC., was and still is a division and/or wholly owned subsidiary of defendant
ROYAL SOVEREIGN INTERNATIONAL, INC.
33. Upon information and belief, that at all times herein mentioned, ROYAL
SOVEREIGN INTERNATIONAL, INC. was and is a division and/or wholly owned subsidiary
of RS NINGBO, INC.
34. At all times herein mentioned, defendant ROYAL SOVEREIGN
QINGDAO a/k/a RS QINGDAO was a foreign business corporation duly organized and existing
pursuant to the laws of the State of New Jersey.
35. At all times herein mentioned, defendant ROYAL SOVEREIGN
QINGDAO a/k/a RS QINGDAO was a foreign business corporation with its principal place of
business in Rockleigh, New Jersey.
36. At all times herein mentioned, defendant ROYAL SOVEREIGN
QINGDAO a/k/a RS QINGDAO was a foreign business corporation duly authorized to transact
business in the State of New York.
37. At all times herein mentioned, defendant ROYAL SOVEREIGN
QINGDAO a/k/a RS QINGDAO transacted business in the State of New York.
38. At all times herein mentioned, defendant ROYAL SOVEREIGN
QINGDAO a/k/a RS QINGDAO did and/or solicited business in the State of New York.
39. At all times herein mentioned, defendant ROYAL SOVEREIGN
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QINGDAO a/k/a RS QINGDAO derived substantial revenues from interstate and/or
international commerce.
40. At all times herein mentioned, defendant ROYAL SOVEREIGN
QINGDAO a/k/a RS QINGDAO derived substantial revenues from interstate and/or
international commerce, including commerce in the State of New York.
41. At all times herein mentioned, defendant, ROYAL SOVEREIGN
QINGDAO a/k/a RS QINGDAO expected, or should reasonably have expected, its acts and
business activities to have consequences within the State of New York.
42. Upon information and belief, that at all times herein mentioned, ROYAL
SOVEREIGN QINGDAO a/k/a RS QINGDAO was and still is a division or subsidiary of
defendant ROYAL SOVEREIGN INTERNATIONAL, INC.
43. Upon information and belief, that at all times herein mentioned, ROYAL
SOVEREIGN INTERNATIONAL, INC. was and still is a division and/or wholly owned
subsidiary of ROYAL SOVEREIGN QINGDAO a/k/a RS QINGDAO.
44. At all times herein mentioned, defendant BJ’S WHOLESALE CLUB,
INC. was a limited liability corporation duly organized and existing pursuant to the laws of the
State of Delaware.
45. At all times herein mentioned, defendant BJ’S WHOLESALE CLUB,
INC. was a limited liability corporation with its principal place of business in Westborough,
Massachusetts.
46. At all times herein mentioned, defendant BJ’S WHOLESALE CLUB,
INC. was a foreign business corporation duly authorized to transact business in the State of New
York.
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47. At all times herein mentioned, defendant BJ’S WHOLESALE CLUB,
INC. transacted business in the State of New York.
48. At all times herein mentioned, defendant BJ’S WHOLESALE CLUB,
INC. did and/or solicited business in the State of New York.
49. At all times herein mentioned, defendant BJ’S WHOLESALE CLUB,
INC. derived substantial revenues from interstate and/or international commerce.
50. At all times herein mentioned, defendant BJ’S WHOLESALE CLUB,
INC. derived substantial revenues from interstate and/or international commerce, including
commerce in the State of New York.
51. At all times herein mentioned, defendant BJ’S WHOLESALE CLUB,
INC. expected, or should reasonably have expected, its acts and business activities to have
consequences within the State of New York.
52. At all times herein mentioned, defendant ADT LLC was a foreign limited
liability company duly organized and existing pursuant to the laws of the State of Delaware.
53. At all times herein mentioned, defendant ADT LLC was a foreign limited
liability company with its principal place of business in Boca Raton, Florida.
54. At all times herein mentioned, defendant, ADT LLC was a foreign
business corporation duly authorized to transact business in the State of New York.
55. At all times herein mentioned, defendant, ADT LLC transacted business in
the State of New York, with its principal place of business designated in the State of New York
in New York County.
56. At all times herein mentioned, defendant ADT LLC did and/or solicited
business in the State of New York.
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57. At all times herein mentioned, defendant ADT LLC derived substantial
revenues from interstate and/or international commerce.
58. At all times herein mentioned, defendant ADT LLC derived substantial
revenues from interstate and/or international commerce, including commerce in the State of New
York.
59. At all times herein mentioned, defendant ADT LLC expected, or should
reasonably have expected, its acts and business activities to have consequences in within the
State of New York.
60. At all times herein mentioned, defendant DEFENDERS, INC. d/b/a
PROTECT YOUR HOME was a foreign business corporation duly organized and existing
pursuant to the laws of the State of Indiana.
61. At all times herein mentioned, defendant DEFENDERS, INC. d/b/a
PROTECT YOUR HOME was a foreign business corporation with its principal place of business
in Indianapolis, Indiana.
62. At all times herein mentioned, defendant DEFENDERS, INC. d/b/a
PROTECT YOUR HOME was a foreign business corporation duly authorized to transact
business in the State of New York.
63. At all times herein mentioned, defendant DEFENDERS, INC. d/b/a
PROTECT YOUR HOME transacted business in the State of New York.
64. At all times herein mentioned, defendant DEFENDERS, INC. d/b/a
PROTECT YOUR HOME did and/or solicited business in the State of New York.
65. At all times herein mentioned, defendant DEFENDERS, INC. d/b/a
PROTECT YOUR HOME derived substantial revenues from interstate and/or international
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commerce.
66. At all times herein mentioned, defendant DEFENDERS, INC. d/b/a
PROTECT YOUR HOME derived substantial revenues from interstate and/or international
commerce, including commerce in the State of New York.
67. At all times herein mentioned, defendant DEFENDERS, INC. d/b/a
PROTECT YOUR HOME expected, or should reasonably have expected, its acts and business
activities to have consequences within the State of New York.
68. Jurisdiction of this action is based upon diversity of citizenship pursuant to
28 U.S.C. § 1332. The amount in controversy exceeds $75,000.00 exclusive of interest and
costs.
69. Venue in this district is proper pursuant to 28 U.S.C. §1391(a) because a
substantial part of the events or omissions giving rise to the claim occurred in the Eastern District
of New York.
JURY DEMAND
70. Plaintiff hereby demands a trial by jury of all issues.
UNDERLYING FACTS
71. Plaintiffs repeat, reiterate and reallege each and every prior applicable
allegation set forth above as if set forth in detail herein.
72. On or about June 6, 2012, plaintiff THOMAS SIDIK and plaintiff
decedent, KRISTEN A. SIDIK, purchased a Royal Sovereign International, Inc. portable air
conditioner, model number PAC-3012 (hereinafter “portable air conditioner”) that was designed,
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tested, manufactured, labeled, inspected, produced, imported, marketed, sold and/or distributed
by defendants ROYAL SOVEREIGN INTERNATIONAL, INC., ROYAL CENTURIAN INC.,
RS NINGBO, INC., ROYAL SOVEREIGN QINGDAO a/k/a RS QINGDAO and/or BJ’s
WHOLESALE CLUB, INC.
73. On June 19, 2012, plaintiff THOMAS SIDIK entered into an alarm
services contract with defendants ADT LLC and DEFENDERS, INC. d/b/a PROTECT YOUR
HOME which included fire alarm/smoke detection services.
74. On or about June 19, 2012, defendants, ADT LLC and DEFENDERS,
INC. d/b/a PROTECT YOUR HOME, by and through their agents, servants and/or employees,
installed a fire alarm/smoke detector on the basement wall of the SIDIK residence.
75. The fire alarm/smoke detector on the basement wall of the SIDIK
residence was connected to the central station alarm for ADT LLC.
76. On or about August 23, 2016 and/or August 24, 2016, the Royal
Sovereign International, Inc. portable air conditioning unit was being used for its intended and
foreseeable purpose in the dining room of the SIDIK residence.
77. On or about August 23, 2016 and/or August 24, 2016, a fire ignited within
the portable air conditioning unit being used in the dining room of the SIDIK residence.
78. Because of the fire, the plastic encasement of the portable air conditioner
melted, and thick, hot, toxic smoke permeated throughout the SIDIK residence.
79. By the time the thick, hot, toxic smoke reached the ADT LLC fire
alarm/smoke detector on the basement wall, and the central station was alerted, and then alerted
the fire department, the entire house, and in particular the bedroom areas where plaintiff
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decedent, KRISTEN A. SIDIK and her two infant children, K.S. and C.S. were sleeping, were
filled with thick, hot, toxic smoke.
80. Due to the extensive thick, hot, toxic smoke, plaintiff decedent, KRISTEN
A. SIDIK and her two infant children, K.S. and C.S. were unable to escape from the house.
81. As a result of the exposure to the thick, hot, toxic smoke and the length of
time they were exposed to the thick, hot, toxic smoke, plaintiff-decedent KRISTEN A. SIDIK
and her two infant children, K.S. and C.S. suffered serious injuries.
82. On December 15, 2016, plaintiff-decedent KRISTEN A. SIDIK died as a
result of her injuries.
AS AND FOR A FIRST CAUSE OF ACTION FOR NEGLIGENCE
AGAINST ROYAL SOVEREIGN INTERNATIONAL, INC., ROYAL CENTURIAN
INC., RS NINGBO, INC., ROYAL SOVEREIGN QINGDAO a/k/a RS QINGDAO, and
BJ’S WHOLESALE CLUB, INC.
83. Plaintiffs repeat, reiterate and reallege each and every prior applicable
allegation set forth above as if set forth in detail herein.
84. At all times herein mentioned, defendant, ROYAL SOVEREIGN
INTERNATIONAL, INC., was and still is engaged in the design, testing, inspecting,
manufacturing, labeling, production, importing, marketing, sale and/or distribution of portable
air conditioners.
85. At all times herein mentioned, defendant, ROYAL CENTURIAN, INC.,
was and still is engaged in the design, testing, inspecting, manufacturing, labeling, production,
importing, marketing, sale and/or distribution of portable air conditioners.
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86. At all times herein mentioned, defendant, ROYAL CENTURIAN, INC.,
was and still is engaged in the design, testing, inspecting, manufacturing, labeling, production,
importing, marketing, sale and/or distribution of portable air conditioners under the ROYAL
SOVEREIGN INTERNATIONAL, INC. brand name.
87. At all times herein mentioned, defendant, RS NINGBO, INC., was and
still is engaged in the design, testing, inspecting, manufacturing, labeling, production, importing,
marketing, sale and/or distribution of portable air conditioners.
88. At all times herein mentioned, defendant, RS NINGBO, INC., was and
still is engaged in the design, testing, inspecting, manufacturing, labeling, production, importing,
marketing, sale and/or distribution of portable air conditioners under the ROYAL SOVEREIGN
INTERNATIONAL, INC. brand name.
89. At all times herein mentioned, defendant, ROYAL SOVEREIGN
QINGDAO a/k/a RS QINGDAO was and still is engaged in the design, testing, inspecting,
manufacturing, labeling, production, importing, marketing, sale and/or distribution of portable
air conditioners.
90. At all times herein mentioned, defendant, ROYAL SOVEREIGN
QINGDAO a/k/a RS QINGDAO was and still is engaged in the design, testing, inspecting,
manufacturing, labeling, production, importing, marketing, sale and/or distribution of portable
air conditioners under the ROYAL SOVEREIGN INTERNATIONAL, INC. brand name.
91. That at all times herein mentioned, BJ’s WHOLESALE CLUB, INC.
purchased, distributed, marketed, advertised and sold portable air conditioners designed and
manufactured by defendants ROYAL SOVEREIGN INTERNATIONAL, INC., ROYAL
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CENTURIAN INC., RS NINGBO, INC., and/or ROYAL SOVEREIGN QINGDAO a/k/a RS
QINGDAO.
92. That the aforementioned portable air conditioner was negligently and/or
defectively designed, tested, inspected, manufactured, labeled, produced, imported, marketed,
sold and/or distributed when sold and/or placed into the stream of commerce by defendants
ROYAL SOVEREIGN INTERNATIONAL, INC., ROYAL CENTURIAN INC., RS NINGBO,
INC., ROYAL SOVEREIGN QINGDAO a/k/a RS QINGDAO and/or BJ’s WHOLESALE
CLUB, INC.
93. That the aforementioned portable air conditioner was negligently and/or
defectively designed, tested, inspected, manufactured, labeled, produced, imported, marketed,
sold and/or distributed when purchased and/or distributed to plaintiff.
94. That the aforesaid occurrence and resulting injuries to the infant plaintiffs
K.S. and C.S., and plaintiff decedent KRISTEN A. SIDIK occurred solely by reason of the
carelessness, recklessness and negligence of the defendants, ROYAL SOVEREIGN
INTERNATIONAL, INC., ROYAL CENTURIAN INC., RS NINGBO, INC., ROYAL
SOVEREIGN QINGDAO a/k/a RS QINGDAO and/or BJ’s WHOLESALE CLUB, INC., their
agents, servants, partners and/or employees in the design, testing, manufacturing, inspection,
labeling, production, importing, marketing, distribution, and/or sale of the aforementioned air
conditioner; in failing to verify that the component parts used in the portable air conditioning
unit were adequately designed and/or manufactured for their intended use in this product; in
using component parts in the portable air conditioning unit that were not specifically designed
for use in that product, in failing to use non-combustible plastics; in performing and/or allowing
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field modifications of component parts to be performed.
95. As a result of the foregoing, the infant plaintiffs, K.S. and C.S., were
caused to suffer severe and permanent personal injuries, extreme pain and suffering and loss of
enjoyment of life, were rendered sick, sore, lame and disabled, were caused to seek medical
attention and treatment and to be liable for the expenses thereof and sustained other economic
losses.
96. As a result of the foregoing, plaintiff decedent KRISTEN A. SIDIK, was
caused to suffer severe personal injuries, extreme pain and suffering, loss of enjoyment of life,
pre-death terror, was rendered sick, sore, lame and disabled, was caused to seek medical
attention and treatment and to be liable for the expenses thereof and sustained other economic
losses, until she died on December 15, 2016.
97. The aforesaid occurrence and resulting injuries occurred without any fault
on the part of the plaintiffs contributing thereto.
98. This action falls within one or more of the exceptions set forth in New
York Civil Practice Law & Rules §1602.
99. As a result of the foregoing, the infant plaintiffs K.S. and C.S. have each
been damaged in the sum of $10,000,000.00
100. As a result of the foregoing plaintiff decedent KRISTEN A. SIDIK has
been damaged in the sum of $30,000,000.00.
101. Defendants’ negligence, as set forth above, was of such a character as to
make the defendants guilty of gross negligence. Defendants’ actions constitute such an entire
want of care as to establish that the acts and/or omissions were the result of actual conscious
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indifference to the rights, safety and/or welfare of foreseeable consumers and users of the
portable air conditioner and fire alarm/smoke detector, including plaintiffs, for which defendants
are liable for punitive damages.
AS AND FOR A SECOND CAUSE OF ACTION FOR NEGLIGENCE AGAINST
ADT LLC and DEFENDERS, INC. d/b/a PROTECT YORU HOME
102. Plaintiffs repeat, reiterate and reallege each and every prior applicable
allegation set forth above as if set forth in detail herein.
103. The fire alarm/smoke detector installed on the basement wall of the SIDIK
residence was negligently installed by defendants ADT LLC and DEFENDERS, INC. d/b/a
PROTECT YOUR HOME, by and through their agents, servants and/or employees.
104. That the aforesaid occurrence and resulting serious injuries to the infant
plaintiffs K.S. and C.S., and plaintiff decedent KRISTEN A. SIDIK occurred solely by reason of
the carelessness, recklessness and negligence of the defendants, ADT LLC and DEFENDERS,
INC. d/b/a PROTECT YOUR HOME, their agents, servants and/or employees in that they
negligently installed the fire alarm/smoke detector on the basement wall of the SIDIK’s home;
violated industry standards regarding the proper installation of fire alarm/smoke detectors;
violated their own companies’ policies and procedures regarding the proper installation of fire
alarm/smoke detectors.
105. As a result of the foregoing, the infant plaintiffs, K.S. and C.S. were
caused to suffer severe and permanent personal injuries, extreme pain and suffering and loss of
enjoyment of life, were rendered sick, sore, lame and disabled, were caused to seek medical
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attention and treatment and to be liable for the expenses thereof and sustained other economic
losses.
106. As a result of the foregoing, plaintiff decedent KRISTEN A. SIDIK, was
caused to suffer severe personal injuries, extreme pain and suffering, loss of enjoyment of life,
pre-death terror, was rendered sick, sore, lame and disabled, was caused to seek medical
attention and treatment and to be liable for the expenses thereof and sustained other economic
losses, until she died on December 15, 2016.
107. The aforesaid occurrence and resulting injuries occurred without any fault
on the part of the plaintiffs contributing thereto.
108. This action falls within one or more of the exceptions set forth in New
York Civil Practice Law & Rules §1602.
109. As a result of the foregoing, the infant plaintiffs K.S. and C.S. have each
been damaged in the sum of $10,000,000.00
110. As a result of the foregoing plaintiff decedent KRISTEN A. SIDIK has
been damaged in the sum of $30,000,000.00.
111. Defendants’ negligence, as set forth above, was of such a character as to
make the defendants guilty of gross negligence. Defendants’ actions constitute such an entire
want of care as to establish that the acts and/or omissions were the result of actual conscious
indifference to the rights, safety and/or welfare of foreseeable consumers and users of the
portable air conditioner and fire alarm/smoke detector, including plaintiffs, for which defendants
are liable for punitive damages.
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AS AND FOR A THIRD CAUSE OF ACTION FOR BREACH OF EXPRESS
WARRANTY AGAINST ROYAL SOVEREIGN INTERNATIONAL, INC., ROYAL
CENTURIAN INC., RS NINGBO, INC., ROYAL SOVEREIGN QINGDAO a/k/a RS
QINGDAO, and BJ’S WHOLESALE CLUB, INC.
112. Plaintiffs repeat, reiterate and reallege each and every prior applicable
allegation as if set forth in detail herein.
113. Defendants, ROYAL SOVEREIGN INTERNATIONAL, INC., ROYAL
CENTURIAN INC., RS NINGBO, INC., ROYAL SOVEREIGN QINGDAO a/k/a RS
QINGDAO and/or BJ’s WHOLESALE CLUB, INC., their agents, servants, partners and/or
employees, in connection with their business activities aforementioned, expressly warranted and
represented to the public generally, and the plaintiffs specifically, that the subject air conditioner
was fit, capable and suitable for the use and purposes for which it was intended.
114. Defendants, ROYAL SOVEREIGN INTERNATIONAL, INC., ROYAL
CENTURIAN INC., RS NINGBO, INC., ROYAL SOVEREIGN QINGDAO a/k/a RS
QINGDAO and/or BJ’s WHOLESALE CLUB, INC., their agents, servants, partners and/or
employees, in connection with their business activities aforementioned, expressly warranted and
represented to the public generally, and the plaintiffs specifically, that the subject air conditioner
was of merchantable quality, safe and not hazardous.
115. The plaintiffs were entitled to rely upon those representations and
warranties.
116. The plaintiffs did rely on those representations and warranties.
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117. The plaintiffs relied on the skill and judgment of defendants, ROYAL
SOVEREIGN INTERNATIONAL, INC., ROYAL CENTURIAN INC., RS NINGBO, INC.,
ROYAL SOVEREIGN QINGDAO a/k/a RS QINGDAO and/or BJ’s WHOLESALE CLUB,
INC., their agents, servants, partners and/or employees, and their representations and warranties
aforementioned.
118. Those representations and warranties were false, misleading and
inaccurate, in that the subject air conditioner was unsafe, defective, dangerous, improperly
designed and/or manufactured, was not of merchantable quality, was hazardous and defective,
and was not fit for the uses for which it was intended.
119. Defendants breached their express warranties.
120. As a result of the foregoing, the infant plaintiffs, K.S. and C.S. were
caused to suffer severe and permanent personal injuries, extreme pain and suffering and loss of
enjoyment of life, were rendered sick, sore, lame and disabled, were caused to seek medical
attention and treatment and to be liable for the expenses thereof and sustained other economic
losses.
121. As a result of the foregoing, plaintiff decedent KRISTEN A. SIDIK, was
caused to suffer severe personal injuries, extreme pain and suffering, loss of enjoyment of life,
pre-death terror, was rendered sick, sore, lame and disabled, was caused to seek medical
attention and treatment and to be liable for the expenses thereof and sustained other economic
losses, until she died on December 15, 2016.
122. As a result of the foregoing, the infant plaintiffs K.S. and C.S. have each
been damaged in the sum of $10,000,000.00.
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123. As a result of the foregoing, plaintiff decedent KRISTEN A. SIDIK has
been damaged in the sum of $30,000,000.00.
124. Defendants’ negligence, as set forth above, was of such a character as to
make the defendants guilty of gross negligence. Defendants’ actions constitute such an entire
want of care as to establish that the acts and/or omissions were the result of actual conscious
indifference to the rights, safety and/or welfare of foreseeable consumers and users of the
portable air conditioner and fire alarm/smoke detector, including plaintiffs, for which defendants
are liable for punitive damages.
AS AND FOR A FOURTH CAUSE OF ACTION FOR BREACH OF IMPLIED
WARRANTY AGAINST ROYAL SOVEREIGN INTERNATIONAL, INC., ROYAL
CENTURIAN INC., RS NINGBO, INC., ROYAL SOVEREIGN QINGDAO a/k/a RS
QINGDAO, and BJ’S WHOLESALE CLUB, INC.
125. Plaintiffs repeat, reiterate and reallege each and every prior applicable
allegation set forth above as if set forth in full herein.
126. Defendants, ROYAL SOVEREIGN INTERNATIONAL, INC., ROYAL
CENTURIAN INC., RS NINGBO, INC., ROYAL SOVEREIGN QINGDAO a/k/a RS
QINGDAO and/or BJ’s WHOLESALE CLUB, INC., their agents, servants, partners and/or
employees, in connection with their business activities aforementioned, impliedly warranted and
represented to the public generally, and the plaintiffs specifically, that the subject air conditioner
was fit, capable and suitable for the use and purposes intended.
127. Defendants, ROYAL SOVEREIGN INTERNATIONAL, INC., ROYAL
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CENTURIAN INC., RS NINGBO, INC., ROYAL SOVEREIGN QINGDAO a/k/a RS
QINGDAO and/or BJ’s WHOLESALE CLUB, INC., their agents, servants, partners and/or
employees, in connection with their business activities aforementioned, impliedly warranted and
represented to the public generally, and the plaintiffs specifically, that the subject air conditioner
was of merchantable quality, safe and not hazardous.
128. The plaintiffs were entitled to rely upon those representations and
warranties.
129. The plaintiffs did rely on those representations and warranties.
130. The plaintiffs relied on the skill and judgment of defendants, ROYAL
SOVEREIGN INTERNATIONAL, INC., ROYAL CENTURIAN INC., RS NINGBO, INC.,
ROYAL SOVEREIGN QINGDAO a/k/a RS QINGDAO and/or BJ’s WHOLESALE CLUB,
INC., their agents, servants, partners and/or employees, and their representations and warranties
aforementioned.
131. Those representations and warranties were false, misleading and
inaccurate, in that the subject air conditioner was unsafe, defective, dangerous, improperly
designed and/or manufactured, was not of merchantable quality, was hazardous and defective,
and was not fit for the uses for which it was intended.
132. Defendants breached their implied warranties.
133. As a result of the foregoing, the infant plaintiffs, K.S. and C.S. were
caused to suffer severe and permanent personal injuries, extreme pain and suffering and loss of
enjoyment of life, were rendered sick, sore, lame and disabled, were caused to seek medical
attention and treatment and to be liable for the expenses thereof and sustained other economic
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losses.
134. As a result of the foregoing, plaintiff decedent KRISTEN A. SIDIK, was
caused to suffer severe personal injuries, extreme pain and suffering, loss of enjoyment of life,
pre-death terror, was rendered sick, sore, lame and disabled, was caused to seek medical
attention and treatment and to be liable for the expenses thereof and sustained other economic
losses, until she died on December 15, 2016.
135. As a result of the foregoing, the infant plaintiffs K.S. and C.S. have each
been damaged in the sum of $10,000,000.00.
136. As a result of the foregoing, plaintiff decedent KRISTEN A. SIDIK has
been damaged in the sum of $30,000,000.00.
137. Defendants’ negligence, as set forth above, was of such a character as to
make the defendants guilty of gross negligence. Defendants’ actions constitute such an entire
want of care as to establish that the acts and/or omissions were the result of actual conscious
indifference to the rights, safety and/or welfare of foreseeable consumers and users of the
portable air conditioner and fire alarm/smoke detector, including plaintiffs, for which defendants
are liable for punitive damages.
AS AND FOR A FIFTH CAUSE OF ACTION FOR FAILURE TO WARN
AGAINST ROYAL SOVEREIGN INTERNATIONAL, INC., ROYAL CENTURIAN
INC., RS NINGBO, INC., ROYAL SOVEREIGN QINGDAO a/k/a RS QINGDAO, and
BJ’S WHOLESALE CLUB, INC.
138. Plaintiffs repeat, reiterate and reallege each and every prior applicable
allegation set forth above as if set forth in full herein.
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139. Defendants, ROYAL SOVEREIGN INTERNATIONAL, INC., ROYAL
CENTURIAN INC., RS NINGBO, INC., ROYAL SOVEREIGN QINGDAO a/k/a RS
QINGDAO and/or BJ’s WHOLESALE CLUB, INC., their agents, servants, partners and/or
employees, failed to properly warn of the defects, dangers and hazards of using the subject air
conditioner.
140. As a result of the foregoing, the infant plaintiffs K.S. and C.S. were
caused to suffer severe and permanent personal injuries, extreme pain and suffering and loss of
enjoyment of life, were rendered sick, sore, lame and disabled, were caused to seek medical
attention and treatment and to be liable for the expenses thereof and sustained other economic
losses.
141. As a result of the foregoing, plaintiff decedent KRISTEN A. SIDIK, was
caused to suffer severe personal injuries, extreme pain and suffering, loss of enjoyment of life,
pre-death terror, was rendered sick, sore, lame and disabled, was caused to seek medical
attention and treatment and to be liable for the expenses thereof and sustained other economic
losses, until she died on December 15, 2016.
142. As a result of the foregoing, the infant plaintiffs K.S. and C.S. have each
been damaged in the sum of $10,000,000.00.
143. As a result of the foregoing, plaintiff decedent KRISTEN A. SIDIK has
been damaged in the sum of $30,000,000.00.
144. Defendants’ negligence, as set forth above, was of such a character as to
make the defendants guilty of gross negligence. Defendants’ actions constitute such an entire
want of care as to establish that the acts and/or omissions were the result of actual conscious
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indifference to the rights, safety and/or welfare of foreseeable consumers and users of the
portable air conditioner and fire alarm/smoke detector, including plaintiffs, for which defendants
are liable for punitive damages.
AS AND FOR A SIXTH CAUSE OF ACTION FOR STRICT LIABILITY
AGAINST ROYAL SOVEREIGN INTERNATIONAL, INC., ROYAL CENTURIAN
INC., RS NINGBO, INC., ROYAL SOVEREIGN QINGDAO a/k/a RS QINGDAO, and
BJ’S WHOLESALE CLUB, INC.
145. Plaintiffs repeat, reiterate and reallege each and every prior applicable
allegation set forth above as if set forth in full herein.
146. The subject air conditioner was placed into the stream of commerce by
defendants, ROYAL SOVEREIGN INTERNATIONAL, INC., ROYAL CENTURIAN INC., RS
NINGBO, INC., ROYAL SOVEREIGN QINGDAO a/k/a RS QINGDAO and/or BJ’s
WHOLESALE CLUB, INC., their agents, servants, partners and/or employees.
147. The subject air conditioner was not reasonably safe for its intended and
reasonably foreseeable uses/purposes when placed into the stream of commerce by the
defendants, ROYAL SOVEREIGN INTERNATIONAL, INC., ROYAL CENTURIAN INC., RS
NINGBO, INC., ROYAL SOVEREIGN QINGDAO a/k/a RS QINGDAO and/or BJ’s
WHOLESALE CLUB, INC., their agents, servants, partners and/or employees.
148. Defendants, ROYAL SOVEREIGN INTERNATIONAL, INC., ROYAL
CENTURIAN INC., RS NINGBO, INC., ROYAL SOVEREIGN QINGDAO a/k/a RS
QINGDAO and/or BJ’s WHOLESALE CLUB, INC., knew, or should have known, that the
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subject air conditioner was not reasonably safe for the uses and purposes intended and was
defectively designed and manufactured at the time it left their possession and control.
149. That at the time of the events complained of herein, plaintiffs were not
misusing the subject air conditioner and could not have discovered the defects or realized the
dangers in the exercise of reasonable care.
150. Defendants, ROYAL SOVEREIGN INTERNATIONAL, INC., ROYAL
CENTURIAN INC., RS NINGBO, INC., ROYAL SOVEREIGN QINGDAO a/k/a RS
QINGDAO and/or BJ’s WHOLESALE CLUB, INC., are strictly liable for all damages suffered
by plaintiffs and proximately caused by said defects in the air conditioner.
151. As a result of the foregoing, the infant plaintiffs, K.S. and C.S. were
caused to suffer severe and permanent personal injuries, extreme pain and suffering and loss of
enjoyment of life, were rendered sick, sore, lame and disabled, were caused to seek medical
attention and treatment and to be liable for the expenses thereof and sustained other economic
losses.
152. As a result of the foregoing, plaintiff decedent KRISTEN A. SIDIK, was
caused to suffer severe personal injuries, extreme pain and suffering, loss of enjoyment of life,
pre-death terror, was rendered sick, sore, lame and disabled, was caused to seek medical
attention and treatment and to be liable for the expenses thereof and sustained other economic
losses, until she died on December 15, 2016.
153. As a result of the foregoing, the infant plaintiffs K.S. and C.S. have each
been damaged in the sum of $10,000,000.00.
154. As a result of the foregoing, plaintiff decedent KRISTEN A. SIDIK has
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been damaged in the sum of $30,000,000.00.
155. Defendants’ negligence, as set forth above, was of such a character as to
make the defendants guilty of gross negligence. Defendants’ actions constitute such an entire
want of care as to establish that the acts and/or omissions were the result of actual conscious
indifference to the rights, safety and/or welfare of foreseeable consumers and users of the
portable air conditioner and fire alarm/smoke detector, including plaintiffs, for which defendants
are liable for punitive damages.
AS AND FOR A SEVENTH CAUSE OF ACTION
FOR THE WRONGFUL DEATH OF KRISTEN A. SIDIK
AGAINST ALL DEFENDANTS
160. Plaintiffs repeat, reiterate and reallege each and every prior applicable
allegation set forth above as if set forth in full herein.
161. As a result of the injuries she sustained as a result of the negligence,
carelessness, recklessness and wrongdoing of defendants, plaintiff’s decedent, KRISTEN A.
SIDIK, died on December 15, 2016.
162. The plaintiff’s decedent left surviving next of kin and distributees,
including plaintiff, THOMAS SIDIK, and their children, K.S. and C.S.
163. As a result of the carelessness, recklessness and negligence of defendants,
their agents, servants, partners and/or employees, decedent's estate was caused to incur medical,
funeral, burial and other expenses.
164. As a result of the carelessness, recklessness, negligence and wrongdoing
of defendants, their agents, servants, partners and/or employees, the decedent’s next of kin and
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distributees were deprived of spousal and parental services, society, consortium, guidance,
income and support of the decedent, and all were pecuniarily damaged.
165. As a result of the foregoing, the infant plaintiffs K.S. and C.S. have each
suffered pecuniary losses in the sum of $10,000,000.00.
166. As a result of the foregoing, plaintiff THOMAS SIDIK has suffered
pecuniary losses in the sum of $30,000,000.00.
WHEREFORE, plaintiff, THOMAS SIDIK, as Administrator of the Estate of
KRISTEN A. SIDIK, deceased, THOMAS SIDIK, as Parent and Natural Guardian of K.S., an
Infant, THOMAS SIDIK, as Parent and Natural Guardian of C.S., an Infant, and THOMAS
SIDIK, Individually, demands that all claims be tried before a jury; that Judgment be entered in
plaintiff’s favor and against the defendants in order to deter wrongful conduct, ensure and
encourage socially responsible behavior, establish safe community standards, and compensate
the plaintiffs in an amount deemed just and fair; that Judgment for punitive damages be awarded;
and that all costs be taxed to the defendants.
Dated: Kew Gardens, New York
November 30, 2017
Very truly yours,
______________________________________
WISELL, McGEE & ROMANO, L.L.P.
By: Nancy M. McGee (NM8664)
Attorneys for Plaintiff
80-02 Kew Gardens Road, Suite 307
Kew Gardens, NY 11415
Case 2:17-cv-07020-ADS-ARL Document 1 Filed 12/01/17 Page 26 of 28 PageID #: 26
(718) 544-0041
Case 2:17-cv-07020-ADS-ARL Document 1 Filed 12/01/17 Page 27 of 28 PageID #: 27
UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF NEW YORK Civil Action No: ______________________________________________________________________________
THOMAS SIDIK, as Administrator of the Estate of
KRISTEN A. SIDIK, deceased, THOMAS SIDIK, as
Parent and Natural Guardian of K.S., an Infant,
THOMAS SIDIK, as Parent and Natural Guardian of
C.S., an Infant, and THOMAS SIDIK, Individually,
Plaintiffs,
-against-
ROYAL SOVEREIGN INTERNATIONAL, INC.,
ROYAL CENTURIAN INC., RS NINGBO, INC.,
ROYAL SOVEREIGN QINGDAO a/k/a RS QINGDAO,
BJ’S WHOLESALE CLUB, INC., ADT LLC, and
DEFENDERS, INC. d/b/a PROTECT YOUR HOME,
Defendants.
______________________________________________________________________________
______________________________________________________________________________
COMPLAINT ______________________________________________________________________________
______________________________________________________________________________
_______________________________________
WISELL, McGEE, & ROMANO, L.L.P. Attorneys for Plaintiff
80-02 Kew Gardens Road, Suite 307
Kew Gardens, New York 11415
718-544-0041
TO:
______________________________________________________________________________
Service of a copy of the within is hereby admitted.
Dated:
______________________________________________________________________________
PLEASE TAKE NOTICE that pursuant to CPLR 2103(b)(5),
WISELL, McGEE, & ROMANO, L.L.P. does not consent to service of any
papers upon it by electronic means (facsimile).
WISELL, McGEE, & ROMANO, L.L.P. 80-02 Kew Gardens Road, Suite 307, Kew Gardens, NY 11415
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