IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS STATE OF MISSOURI MARY MARSDEN,) ) Plaintiff,) ) vs. ) ) JOHN NMN DOE,) ) Cause No.
: Defendant. ) ) Division: Serve Defendant at:) ) Missouri Division of ) Employment Security) Claims Department) 505 Washington Avenue) St. Louis, Missouri 63101) ) Serve between 9:00 a. m. and) 4:00 p. m.
Monday through Friday) PETITION FOR DAMAGES FOR ASSAULT AND BATTERY COMES NOW Plaintiff, MARY MARSDEN, and for her cause of action against Defendant, states to the Court as follows: COUNT I – ASSAULT AND BATTERY 1. Plaintiff is a resident of the City of St. Louis, Missouri. . Defendant is a resident of Jefferson County, Missouri but is employed at the Missouri Division of Employment Security which is located in the City of St. Louis, Missouri and is the place where the wrong complained of took place. 3. On or about February 28, 1997, at approximately 4:20 p.
m. in the offices of the Missouri Division of Employment Security located at 505 Washington Avenue, in the City of St. Louis, Missouri 63101, Defendant, John Doe, came up behind the Plaintiff who was then sitting at her desk and wrapped the fingers of his hands around her face and tried to push his fingers into her mouth.Defendant is a very large man and Plaintiff was unable to free herself from his vise-like grip. Defendant pulled Plaintiff’s head back during his attack on her and caused her to suffer physical pain, emotional trauma and extreme fear for her life. 4. Defendant’s touching of Plaintiff was in no way the type of touching which could be described as socially acceptable or privileged. 5.
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Defendant’s touching of Plaintiff was unlawful and placed Plaintiff in great apprehension and fear of her safety and was without any justification. 6.As a direct and proximate result of Defendant’s actions Plaintiff suffered severe physical and emotional trauma including but not limited to post traumatic stress; Plaintiff has been unable to sleep or perform her job responsibilities adequately; she has suffered physical pain, including severe headaches, cold sweats, nausea, shakes and the like as well as the inability to sleep without nightmares and constant apprehension during working hours and was caused to suffer embarrassment and humiliation among her friends and co-workers.Furthermore, Defendant’s actions described herein were characterized by ill will, contempt and spite as indicated by the violent behavior and actions.
The actions taken by Defendant were outrageous in that he acted with reckless indifference to the rights of Plaintiff, namely that Defendant used his size and large physical presence to overpower Plaintiff without any provocation on her part or justification on his part. WHEREFORE, Plaintiff prays judgment against Defendant in such amount as is reasonable and fair under the circumstances in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000. 0), for her costs herein expended including a reasonable attorney’s fee; further, Plaintiff prays judgment of such additional sums as may be just in the circumstances to punish Defendant JOHN DOE and to deter others in similar positions from engaging in such conduct; and for such other and further relief as this Court shall deem appropriate in the circumstances. __________________________________ EDWARD L. ARMSTRONG, MBE #22045 745 Craig Road – Suite 305 St.
Louis, Missouri 63141 (314)997-7237 (314)997-5687 Attorney for Plaintiff
