DATE FILED: July 24, 2020 12:57 PM

DISTRICT COURT OF THE 20th JUDICIAL DISTRICT, FILING ID: 97184BDF5B8BB

BOULDER COUNTY DISTRICT COURT, STATE OF CASE NUMBER: 2020CV30522
COLORADO

Court Address: 1777 Sixth Street

Boulder, Colorado 80302

Phone Number: (303) 441-3750

Plaintiff:

ASHLEY W. MARIE

v.

Defendants:

JUSTIN L. BANNAN and BLACK LAB SPORTS, ▲ Court Use Only ▲

LLC, a Delaware limited liability company

Plaintiff’s Attorneys: Case No.: 2020CV30522

Marc Harden, Atty. Reg. #36812 Div.: 3

Yerin Cho, Atty. Reg. #50105
ZANER HARDEN LAW, LLP
1610 Wynkoop Street, Suite 120
Denver, Colorado 80202
Telephone: (303) 563-5354
Facsimile: (303) 563-5351
Emails: mh@zanerhardenlaw.com
yc@zanerhardenlaw.com

Stewart D. Cables, Att. Reg. #38583

Ryan C. Chubb, Att. Reg. #41082
HASSAN + CABLES, LLC
1035 Pearl Street #200
Boulder, Colorado 80302
Telephone: (303) 625-1025
Emails: stewart@hassancables.com
ryan@hassancables.com

AMENDED CIVIL COMPLAINT AND JURY DEMAND

 The Plaintiff, Ashley W. Marie, by and through her undersigned attorneys, ZANER
HARDEN LAW, LLP and HASSAN + CABLES, LLC, hereby submits the following Civil Complaint
and Jury Demand, and asserts as follows:

JURISDICTION AND VENUE

1. At all times relevant to this action, Plaintiff Ashley W. Marie (hereinafter referred to
as “Plaintiff”) resided in Boulder County, Colorado.

2. Upon information and belief, at all times relevant to this action, Defendant Justin
Bannan, (hereinafter referred to as “Defendant Bannan”) resided in Douglas County, Colorado.

3. At all times relevant to this action, Defendant Black Lab Sports, LLC (hereinafter
referred to as “Defendant Black Lab Sports”) was and is a Delaware limited liability company, with its
business address located at 3550 Frontier Avenue, Unit D, Boulder, Colorado 80301 and its registered
agent, Jean-Paul O’Brien, located at the same address.

4. This matter arises out of an incident in which Defendant Bannan shot Plaintiff on or
about October 16, 2019 at 3550 Frontier Avenue, Unit D, Boulder, Colorado 80301 (hereinafter the
“Premises”).

5. Venue is proper in Boulder County District Court pursuant to C.R.C.P. 98(c).

FACTUAL ALLEGATIONS

6. Upon information and belief, at all times relevant to this action, Defendant Black Lab
Sports was an owner of the Premises and, thus, a statutory “landowner” under C.R.S. § 13-21-115,
responsible for the condition of the Premises, as well as any activities conducted or circumstances
existing on the Premises.

7. At the time of the incident, Plaintiff’s employer rented space at the Premises in the
form of treatment rooms for the purpose of providing acupuncture and natural healing treatment for
clients.

8. At all times relevant to this action, Plaintiff was a statutory “invitee” and was lawfully
permitted on the Premises.

9. Upon information and belief, at all times relevant to this action, Defendant Bannan
had ownership rights in Defendant Black Lab Sports.

10. On October 16, 2019, at approximately 2:20 p.m., Plaintiff lawfully entered the
Premises and entered a treatment room with the intent of preparing for a client appointment.

11. Plaintiff proceeded to open the unlocked door to the treatment room and was
promptly shot in the upper right extremity by Defendant Bannan from a close distance.

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 12. The bullet entered the lateral side of Plaintiff’s chest, just above the armpit, and exited
through the back of her right arm, fracturing her humerus and causing other serious bodily injuries.

13. After she was shot, Plaintiff looked up and saw Defendant Bannan crouched in the
corner of the treatment room that she had just entered.

14. Upon information and belief, Defendant Bannan was intoxicated by at least one
controlled substance, i.e., cocaine, at the time he shot Plaintiff.

15. Defendant Bannan created a dangerous condition on the Premises when he entered
the Premises with a loaded firearm while intoxicated by cocaine.

16. When Defendant Bannan shot Plaintiff, he acted in a careless, reckless, and imprudent
manner, failing to take into account the safety of others, particularly that of Plaintiff.

17. At all times relevant to this action, Defendant Black Lab Sports had a duty to exercise
reasonable care in maintaining the Premises, including the activities conducted and circumstances
existing thereon.

18. At all times relevant to this action, Defendant Black Lab Sports was required to use
due care in the operation of the Premises in order to ensure the safety and welfare of the users of the
Premises.

19. Defendant Black Lab Sports’ failure to provide a reasonably safe environment at the
Premises was a direct and proximate cause of Plaintiff’s incident-related injuries and damages.

20. Upon information and belief, Defendant Black Lab Sports knew, at the very least
through its owner, Defendant Bannan, that an unsafe condition existed on the Premises, in the form
of a person intoxicated by at least one controlled substance, in the form of cocaine, and holding a
firearm.

21. Plaintiff was not comparatively negligent and did not cause the shooting incident.

22. Plaintiff did not cause her incident-related injuries.

23. As a direct and proximate result of the incident, Plaintiff underwent significant medical
treatment, including but not limited to emergency medical services, orthopedic care, and rehabilitative
care, as well as other treatment modalities.

24. As a direct and proximate result of the incident, Plaintiff incurred past and future
economic expenses, losses, and damages, including, but not limited to, medical expenses, rehabilitation
expenses, wage loss, loss of earning capacity, and other economic losses.

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 25. As a direct and proximate result of the incident, Plaintiff suffered in the past, and will
continue to suffer in the future, from non-economic damages, including, but not limited to, pain and
suffering, loss of enjoyment of life, inconvenience, emotional stress, and impairment of quality of life.

26. As a direct and proximate result of the incident, Plaintiff has suffered, and will
continue to suffer in the future from physical impairment and disfigurement.

FIRST CLAIM FOR RELIEF

Defendant Bannan – Negligence

27. Plaintiff incorporates herein by this reference, the allegations contained in the
preceding paragraphs, as if set forth verbatim.

28. At all relevant times, Defendant Bannan had a duty to use reasonable care to not harm
another individual while holding and/or operating a firearm.

29. When Defendant Bannan shot Plaintiff, Defendant Bannan breached the above
referenced duty.

30. The above-listed breach of duty is a direct and proximate cause of the serious injuries
sustained by Plaintiff.

31. As a result of Defendant Bannan’s breach of the aforementioned duty, Plaintiff has
sustained injuries, damages, and losses, as described above.

SECOND CLAIM FOR RELIEF

Defendant Bannan – Negligence Per Se

32. Plaintiff incorporates herein by this reference, the allegations contained in the
preceding paragraphs, as if set forth verbatim.

33. When Defendant Bannan shot Plaintiff, he was in violation of several Colorado
statutes, including, but not limited to: C.R.S. §§ 18-3-203, 18-12-106, and 18-12-107.5.

34. Plaintiff is a member of the class of persons for whose protection the above-
mentioned Colorado statutes were enacted.

36. The above-described incident and the injuries and damages that Plaintiff suffered as a
result of that incident are the kind of injuries and damages sought to be prevented by the passage of
the above-mentioned Colorado statutes.

37. Defendant Bannan’s violations of the above-mentioned Colorado statutes constitute

negligence per se.

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 38. As a direct and proximate result of Defendant Bannan’s violation of the above-
mentioned Colorado statutes, Plaintiff has suffered injuries, damages, and losses, as described above.

THIRD CLAIM FOR RELIEF

Defendant Bannan – Assault

39. Plaintiff incorporates herein by this reference, the allegations contained in the
preceding paragraphs, as if set forth verbatim.

40. When Defendant Bannan discharged a loaded firearm at Plaintiff, Defendant Bannan
either intended to cause an offensive and/or harmful physical contact with Plaintiff or intended to
place Plaintiff in apprehension of such contact.

41. When Defendant Bannan shot Plaintiff, Defendant Bannan placed the Plaintiff in
apprehension of immediate, harmful physical contact.

42. As a direct and proximate result of the conduct of Defendant Bannan, Plaintiff has
suffered injuries, damages, and losses, as described above.

FOURTH CLAIM FOR RELIEF

Defendant Bannan – Battery

43. Plaintiff incorporates herein by this reference, the allegations contained in the
preceding paragraphs, as if set forth verbatim.

44. When Defendant Bannan discharged a loaded firearm at Plaintiff, Defendant Bannan
intended to make harmful and/or offensive physical contact with Plaintiff or knew that the act would
probably make harmful and/or offensive physical contact.

45. When Defendant Bannan shot Plaintiff, the act resulted in a harmful physical contact.

46. As a direct and proximate result of the conduct of Defendant’s Bannan, Plaintiff has
suffered injuries, damages, and losses, as described above.

FIFTH CLAIM FOR RELIEF

Defendant Black Lab Sports - Statutory Premises Liability pursuant to C.R.S. § 13-21-115

47. Plaintiff incorporates herein by this reference, the allegations contained in the
preceding paragraphs, as if set forth verbatim.

48. Defendant Black Lab Sports, as a “landowner” of the Premises, had a duty to use
reasonable care to maintain the Premises in a reasonably safe manner on the date and place set forth
above, as well as activities conducted or circumstances existing on the Premises, pursuant to C.R.S. §
13-21-115.

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 49. At all times relevant to this action, Plaintiff was a “invitee” of the Premises.

50. At all times relevant to this action, Plaintiff utilizing the Premises was foreseeable.

51. At all times relevant to this action, Defendant Black Lab Sports knew, or should have
known, that a dangerous condition, inclusive of activities and circumstances, existed on the Premises,
as set forth above.

52. At all times relevant to this action, Defendant Black Lab Sports had a duty to use
reasonable care to protect its patrons and invitees, such as Plaintiff, against the dangerous conditions
on the Premises, including the activities conducted and circumstances therein.

53. At all times relevant to this action, Defendant Black Lab Sports had a duty to warn its
patrons and invitees, such as Plaintiff, of the dangerous conditions on the Premises, including the
activities conducted and circumstances therein.

54. Defendant Black Lab Sports failed to use reasonable care to protect Plaintiff against
Defendant Bannan from his dangerous conduct and activities on the Premises, as discussed above.

55. Defendant Black Lab Sports’ above-referenced failure to exercise reasonable care to
protect Plaintiff from the dangers discussed above was a direct and proximate cause of Plaintiff’s
injuries.

56. Defendant Black Lab Sports’ breach of the aforementioned duties caused Plaintiff to
sustain past and future damages, as indicated above.

SIXTH CLAIM FOR RELIEF

Defendant Black Lab Sports – General Negligence (Common Law)

57. Plaintiff incorporates herein by this reference, the allegations contained in the
preceding paragraphs, as if set forth verbatim.

58. At all times relevant to this action, Defendant Black Lab Sports owned the Premises.

59. On and around October 16, 2019, Defendant Black Lab Sports was responsible for
monitoring and controlling the activities taking place on the Premises.

60. On and around October 16, 2019, Defendant Bannan inflicted serious bodily injury
upon Plaintiff on the Premises when he shot Plaintiff.

61. At all times relevant to this action, Defendant Black Lab Sports knew, or should have
known, that Defendant Bannan was impaired by a controlled substance and in possession of a firearm.

62. At all times relevant to this action, Defendant Black Lab Sports did not restrict
Defendant Bannan from being present on the Premises.

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 63. The infliction of bodily injury upon Plaintiff was foreseeable.

64. On and around October 16, 2019, Defendant Black Lab Sports owed a duty of
reasonable care to create and maintain safe conditions, inclusive of activities and circumstances, on
the Premises.

65. Defendant Black Lab Sports’ unreasonable actions and omissions with respect to the
activities and circumstances taking place on the Premises constituted a breach of its duty to prevent
foreseeable bodily injuries from occurring upon other individuals, such as Plaintiff.

66. The direct and proximate cause of Plaintiff’s injuries and damages was Defendant
Black Lab Sports’ breach of its above-described duty.

67. As a direct and proximate cause of Defendant Black Lab Sports’ negligent monitoring
and control over the Premises, Plaintiff suffered serious injuries, damages, and losses, as described
above.

JURY REQUEST

Trial to a jury of six (6) is requested on all issues so triable.

WHEREFORE, the Plaintiff, Ashley W. Marie, prays for judgment against Defendant Justin
Bannan and Defendant Black Lab Sports, LLC, in an amount to be determined by the trier of fact,
for her losses as set forth above and for costs, expert witness fees, filing fees, pre- and post-judgment
interest, and such other further relief as the Court may deem appropriate, just, and proper.

Respectfully submitted this 24th day of July 2020.

ZANER HARDEN LAW, LLP HASSAN + CABLES LAW FIRM

/s/ Marc Harden /s/ Stewart D. Cables

Marc Harden Stewart D. Cables
Yerin Cho Ryan C. Chubb
Attorneys for Plaintiff Attorneys for Plaintiff

Plaintiff’s Address:
P.O. Box 2672
Lyons, CO 80540