EXHIB1 

USDC IN/ND case 1:14-cv-00253-RL document 1-1 filed 08/19/14 page 1 of 4
STATE OF INDIANA 

COUNTY OF NOBLE 

,JEFF MONEY, 

Plaintiff, 

v. 

KENDALLVILLE PLACE 

APARTMENTS, PHASE II, LLC, 

d/b/a NELSON ESTATES 

APARTMENTS, PHASE II, 

Defendant. 

1 4 07 -C 0 0 9 CAUSE NO, 57D01... T- 

'JUL 2 4 2014 

CLERK NOBLE SUPERIOR COURT 

DIVISION 1 

IN THE NOBLE SUPERIOR COURT 

) SS: 

COMPLAINT 

Plaintiff, by counsel, alleges against Defendant that: 

1, The Plaintiff is Jeff Money, a disabled resident of Nelson Estates Apartments in Noble 

County, Kendallville Indiana at all material times to . this Complaint, 

2, The Defendant is Kendallville Place Apartments, Phase II, LLC, d/b/a Nelson Estates 

Apartments, Phase II, a company doing business at 1815 Raleigh Avenue, Kendallville, 

Indiana 46755. At all material times to this Complaint, Defendant was subject to the 

terms and provisions of Title II of the Americans with Disabilities Act with respect to the 

accessibility of parking spaces to handicapped individuals, 

3. On or about August 3, 2012, Plaintiff was in the process of exiting a vehicle at his 

residence, and attempted to use his wheelchair. The vehicle was parked in a handicapped 

spot in the parking lot at the Nelson Estates apartment complex. The handicapped parking 

area lacked sufficient room for Plaintiff to safely exit the vehicle and use his wheelchair, 

As a result, Plaintiff fell and hit his head on a car, causing physical pain and injury, 

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including a serious injury to his leg. 

4. Plaintiff contends that the Defendant violated his right to have equal access to the property, 

discriminating against him on the basis of his disability by failing to provide safe and 

adequate parking for individuals needing wheelchairs. Furthertnore, the Defendant's 

discriminatory acts and omissions were in violation of Plaintiff's federally protected rights 

under Title II of the Americans with Disabilities Act ("ADA"), 

5. Defendant's discriminatory acts and/or omissions were the direct and proximate cause of 

Plaintiff suffering physical pain, injury, inconvenience, accrual of medical bills, emotional 

distress and other damages and injuries. 

6. Defendant's discriminatory acts and/or omissions were intentional, willful, wanton and in 

reckless disregard of Plaintiff's federally protected rights under Title II of the ADA, 

warranting an imposition of punitive damages, 

WHEREFORE, Plaintiff respectfully prays for judgment against the Defendant for 

compensatory damages, punitive damages, reasonable attorney's fees and costs, and all other just 

and proper relief in the premises. 

JURY DEMAND 

Pursuant to Rule 38(b) of the Indiana Rules of Trial Procedure, Plaintiff demands a trial by 

jury in this action. 

USDC IN/ND case 1:14-cv-00253-RL document 1-1 filed 08/19/14 page 3 of 4
Respectfully submitted, 

CHRISTOPHER C. MYERS & ASSOCIATES 

Christopher C. Myers, #11043-02 

Ilene M. Smith, #22818-02 

Rachel J. Guin-Lowry, #31722-02 

809 South Calhoun Street, Suite 400 

Fort Wayne, IN 46802 

Telephone: (260) 424-0600 

Facsimile: (260) 424-0712 

E-mail: cmyers@myers-law,corn 

ismith@myers-law.corn 

rguin@tnyers-law,corn 

Attorneys for Plaintiff 

IMS/js 

S:\Money , Jeff I (WaI-Marl)Wleadings\Complainl.doex 

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