IN THE UNITED STATES DISTRICT COURT · THOMAS SIDIK, as Administrator of the Estate of ) KRISTEN A. SIDIK, deceased, THOMAS SIDIK, as ) ... RS NINGBO, INC., ) ROYAL SOVEREIGN QINGDAO

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.

Case 2:17-cv-07020-ADS-ARL Document 1 Filed 12/01/17 Page 1 of 28 PageID #: 1

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.


INTERNATIONAL, INC. was a foreign business corporation with its principal place of business

in Rockleigh, New Jersey.


INTERNATIONAL, INC. was a foreign business corporation duly authorized to transact

business in the State of New York.


INTERNATIONAL, INC. transacted business in the State of New York.


INTERNATIONAL, INC. did and/or solicited business in the State of New York.



INTERNATIONAL, INC. derived substantial revenues from interstate and/or international

commerce.


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.


was a foreign business corporation with its principal place of business in Rockleigh, New Jersey.


was a foreign business corporation duly authorized to transact business in the State of New York.


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.


derived substantial revenues from interstate and/or international commerce.


derived substantial revenues from interstate and/or international commerce, including commerce


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.


foreign business corporation with its principal place of business in Rockleigh, New Jersey.


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


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.


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.


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.


QINGDAO a/k/a RS QINGDAO was a foreign business corporation with its principal place of

business in Rockleigh, New Jersey.


QINGDAO a/k/a RS QINGDAO was a foreign business corporation duly authorized to transact



QINGDAO a/k/a RS QINGDAO transacted business in the State of New York.


QINGDAO a/k/a RS QINGDAO did and/or solicited business in the State of New York.



QINGDAO a/k/a RS QINGDAO derived substantial revenues from interstate and/or

international commerce.


QINGDAO a/k/a RS QINGDAO derived substantial revenues from interstate and/or

international commerce, including commerce in the State of New York.


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.


SOVEREIGN QINGDAO a/k/a RS QINGDAO was and still is a division or subsidiary of

defendant ROYAL SOVEREIGN INTERNATIONAL, INC.


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.


INC. was a limited liability corporation with its principal place of business in Westborough,

Massachusetts.


INC. was a foreign business corporation duly authorized to transact business in the State of New

York.



INC. transacted business in the State of New York.


INC. did and/or solicited business in the State of New York.


INC. derived substantial revenues from interstate and/or international commerce.


INC. derived substantial revenues from interstate and/or international commerce, including

commerce in the State of New York.


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



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.


PROTECT YOUR HOME was a foreign business corporation with its principal place of business

in Indianapolis, Indiana.


PROTECT YOUR HOME was a foreign business corporation duly authorized to transact



PROTECT YOUR HOME transacted business in the State of New York.


PROTECT YOUR HOME did and/or solicited business in the State of New York.


PROTECT YOUR HOME derived substantial revenues from interstate and/or international


commerce.


PROTECT YOUR HOME derived substantial revenues from interstate and/or international

commerce, including commerce in the State of New York.


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,


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


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.




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.


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.


QINGDAO a/k/a RS QINGDAO was and still is engaged in the design, testing, inspecting,


air conditioners.


QINGDAO a/k/a RS QINGDAO was and still is engaged in the design, testing, inspecting,


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


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


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


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


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



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





losses.






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.


been damaged in the sum of $10,000,000.00

110. As a result of the foregoing plaintiff decedent KRISTEN A. SIDIK has









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.


allegation as if set forth in detail herein.

113. Defendants, ROYAL SOVEREIGN INTERNATIONAL, INC., ROYAL


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.




employees, in connection with their business activities aforementioned, expressly warranted and


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.


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.





losses.









123. As a result of the foregoing, plaintiff decedent KRISTEN A. SIDIK has








AS AND FOR A FOURTH CAUSE OF ACTION FOR BREACH OF IMPLIED

WARRANTY AGAINST ROYAL SOVEREIGN INTERNATIONAL, INC., ROYAL


QINGDAO, and BJ’S WHOLESALE CLUB, INC.


allegation set forth above as if set forth in full herein.




employees, in connection with their business activities aforementioned, impliedly warranted and


was fit, capable and suitable for the use and purposes intended.





employees, in connection with their business activities aforementioned, impliedly warranted and


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.






losses.
















AS AND FOR A FIFTH CAUSE OF ACTION FOR FAILURE TO WARN










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




losses.

















AS AND FOR A SIXTH CAUSE OF ACTION FOR STRICT LIABILITY






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.



QINGDAO and/or BJ’s WHOLESALE CLUB, INC., knew, or should have known, that the


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.



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.





losses.

















AS AND FOR A SEVENTH CAUSE OF ACTION

FOR THE WRONGFUL DEATH OF KRISTEN A. SIDIK

AGAINST ALL DEFENDANTS



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


distributees were deprived of spousal and parental services, society, consortium, guidance,

income and support of the decedent, and all were pecuniarily damaged.


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


(718) 544-0041


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


Documents

IN THE UNITED STATES DISTRICT COURT · THOMAS SIDIK, as Administrator of the Estate of ) KRISTEN A. SIDIK, deceased, THOMAS SIDIK, as ) ... RS NINGBO, INC., ) ROYAL SOVEREIGN QINGDAO