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JOHN J. DURAN, State Bar No. 133166 CRAIG F. CHARLES, State Bar No.275516

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THE DURAN LAW GROUP A PROFESSIONAL CORPORATION

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9200 W. Sunset Boulevard, Penthouse 2

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& Q

aAN`Mo

OCT Clerk of

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urt

183v—

West Hollywood, California 90069 3601 Telephone: (424)777 0007 -

et

Fax: (323)417 4928 5 6

Attorney for Plaintiff DIMITRI GEIER

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

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FOR THE COUNTY OF SAN MATEO

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CASE NO.: QV 5 17 5 8 2

DIMITRI GEIER,

Plaintiff, COMPLAINT FOR DAMAGES FOR

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1. ASSAULT

VS.

2. BATTERY 15 16 17

3. FALSE IMPRISONMENT

4. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

KWAME HARRIS,

5. NEGLIGENCE

Defendant,

6. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

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Date:

Time: 8: 30 a. m.

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Dept:

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COMES NOW, Plaintiff, DIMITRI GEIER, and complains of Defendant, KWAME HARRIS, an Individual,as follows: GENERAL ALLEGATIONS

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1. Plaintiff DIMITRI GEIER is at all items herein mentioned a competent adult.

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2. All of the below mentioned facts, events and allegations occurred in the City of Menlo 1 PLAINTIFF"S COMPLAINT FOR DAMAGES


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Park, within the County of San Mateo. Therefore, venue is proper in this Court because

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injury to the Plaintiff's person occurred within the Court's jurisdictional area.

3 FACTUAL BACKGROUND

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3. On or about August 21, 2012, at approximately 3 p. m.,Plaintiff met with Defendant at Su Hong restaurant in Menlo Park, California.

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4. The intent of the meeting was to have dinner and to have Defendant drive Plaintiff to the

San Francisco Airport.

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5. During dinner, Plaintiff put soy sauce on a plate of rice, which upset Defendant.

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Defendant argued with Plaintiff over the incident for approximately seven minutes and

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then proceeded to exit the restaurant. Plaintiff stayed inside the restaurant and continued

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eating.

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6. A few minutes later, Defendant returned and informed Plaintiff he would not drive him to

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the airport and informed Plaintiff that he was going to throw Plaintiff's belongings out of

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his (Defendant's) car.

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7. Plaintiff agreed to take a cab to the airport and informed Defendant that he would remove his belongings from Defendant's car.

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While exiting the restaurant, Defendant began to push Plaintiff and tried to pull Plaintiff's

pants down, accusing Plaintiff of stealing his (Defendant's) underwear.

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9. Plaintiff tried to leave the restaurant and Defendant followed Plaintiff into the parking lot

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outside, where the Defendant continued to push Plaintiff and attempted to pull Plaintiff s

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pants down.

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10. Plaintiff attempted to push Defendant away, but because he is much smaller than

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Defendant, he was unsuccessful. Defendant continued to push Plaintiff and then grabbed

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Plaintiff by the front of Plaintiff s shirt, shaking him violently and punching Plaintiff in

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both arms.

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11. Plaintiff, in an attempt to break free from Defendant, tried to swing his arms at Defendant's face. He made contact with Defendant's face approximately three times, but 2 PLAINTIFF S " COMPLAINT FOR DAMAGES


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the Defendant seemed only to grow more agitated.

12. Defendant became extremely angry and punched the Plaintiff in the face, full-force,

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several times. Plaintiff fell to the ground and heard a ringing sound in his ears from the

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blunt force trauma to Plaintiff's head.

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13. Defendant then proceeded toward his (Defendant's) car,threw out all of Plaintiffs personal property, and drove away.

14. Plaintiff managed to hail a cab and the taxi driver drove Plaintiff to the emergency room at O' Connor Hospital in San Jose. 15. Plaintiff subsequently underwent surgery to repair broken bones around his eye socket

and had a metal plate inserted into his face to repair damage. 16. Defendant was arrested at his home and charged with felony battery.

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FIRST CAUSE OF ACTION

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ASSAULT

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17. Plaintiff re-alleges each and every allegation and statement contained in paragraphs 1

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through 17, inclusive of the allegations and incorporates those allegations as though fully

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set forth herein.

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18. On or about August 21, 2012, Defendant HARRIS acted with the intent to cause

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imminent apprehension of harmful or offensive contact with Plaintiff thereby placing

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Plaintiff in imminent apprehension of harmful and/or offensive contact, and by Defendant

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Harris committing such an act.

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19. Defendant HARRIS, prior to touching Plaintiff, stood within inches of Plaintiff's body in

a threatening and menacing manner, trapping Plaintiff inside the restaurant. 20. At all times, Plaintiff reasonably believed that Defendant HARRIS would touch him in a harmful and/or offensive manner.

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21. Plaintiff did not, at any time during the entire incident, consent to Harris' conduct.

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22. By reason of the acts of Defendant Harris, as herein described, Plaintiff was placed in

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great fear for his life and his physical well-being. 3 PLAINTIFF S " COMPLAINT FOR DAMAGES


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23. As a direct and proximate result of Defendant Harris' assault on Plaintiff, Plaintiff has

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suffered and continues to suffer significant and substantial harm, including but not

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limited to bodily injury, as well as emotional distress resulting both in physical and

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mental damages, and any other further damages that may be established, according to

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proof, at the time of trial.

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24. By reason of the wrongful and malicious acts of Defendant Harris, Plaintiff was required

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to,and did expend money and incur obligations for medical services, care and treatment

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reasonably required, and for future medical care in the treatment and relief of the injuries

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he sustained, the exact amount to be proven at trial.

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25. The aforementioned acts of Defendant Harris were willful, wanton, malicious,reckless

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and oppressive and justify the award of exemplary and punitive damages to Plaintiff in an

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amount appropriate to punish and make an example of Defendant HARRIS.

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SECOND CAUSE OF ACTION

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BATTERY

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26. Plaintiff re-alleges each and every allegation and statement contained in paragraphs 1

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through 26, inclusive of the allegations and incorporates those allegations as though fully

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set forth herein.

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27. On or about August 21, 2012, Defendant HARRIS acted with the intent to cause harmful

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and offensive touching/contact of Plaintiff and did cause harmful contact by repeatedly

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punching Plaintiff in the face.

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28. At no time did Plaintiff, at any time during the entire incident, ever consent to such

contact inflicted upon him by Defendant HARRIS.

29. As a direct and proximate result of Defendant Harris' unlawful conduct and battery upon

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Plaintiff, Plaintiff was seriously harmed by such conduct. Plaintiff has suffered and

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continues to suffer significant and substantial harm, including but not limited to bodily

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injury, as well as emotional distress resulting both in physical and mental damages, and

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any other damages that may be further established, according to proof, at the time of trial. 4 PLAINTIFFS " COMPLAINT FOR DAMAGES


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30. By reason of the wrongful and malicious acts of Defendant Harris, Plaintiff was required

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to,and did expend money and incur obligations for medical services, care and treatment

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reasonably required, and for future medical care in the treatment and relief of the injuries

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he sustained, the exact amount to be proven at trial.

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31. The aforementioned acts of Defendant Harris were willful,wanton, malicious, reckless

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and oppressive and justify the award of exemplary and punitive damages to Plaintiff in an

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amount appropriate to punish and make an example of Defendant HARRIS.

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THIRD CAUSE OF ACTION

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FALSE IMPRISONMENT

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32. Plaintiff re-alleges each and every allegation and statement contained in paragraphs 1

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through 32, inclusive of the allegations and incorporates those allegations as though fully

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set forth herein.

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33. On or about August 21, 2012,Defendant HARRIS falsely imprisoned Plaintiff with the

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intent to confine and restrain Plaintiff s physical freedom, within a bounded and defined

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area, without legal justification and by actually committing such an act.

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34. Defendant HARRIS confined Plaintiff within a fixed boundary where Plaintiff was

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trapped against his will.Plaintiff was physically confined within Su Hong restaurant and

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with Defendant HARRIS blocking the Plaintiff's ability to escape and confining

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Plaintiff s physical freedom by force.

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35. At all times, Plaintiff was aware and conscious that he was confined within fixed

boundaries, imprisoned there,and could not escape, causing Plaintiff harm. 36. Plaintiff did not, at any time during the entire incident, consent to Defendant HARRIS' conduct.

37. As a direct and proximate result of Defendant Harris' unlawful conduct and false

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imprisonment upon Plaintiff, Plaintiff was seriously harmed by such conduct. Plaintiff

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has suffered and continues to suffer significant and substantial harm, including but not

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limited to bodily injury, as well as emotional distress resulting both in physical and 5 PLAINTIFF S " COMPLAINT FOR DAMAGES


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mental damages, and any other damages that may be further established, according to

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proof, at the time of trial.

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38. By reason of the wrongful and malicious acts of Defendant Harris, Plaintiff was required

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to,and did expend money and incur obligations for medical services, care and treatment

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reasonably required, and for future medical care in the treatment and relief of the injuries

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he sustained, the exact amount to be proven at trial.

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39. The aforementioned acts of Defendant Harris were willful,wanton, malicious, reckless

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and oppressive and justify the award of exemplary and punitive damages to Plaintiff in an

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amount appropriate to punish and make an example of Defendant HARRIS.

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FOURTH CAUSE OF ACTION

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INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

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40.Plaintiff re-alleges each and every allegation and statement contained in paragraphs 1

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through 40, inclusive of the allegations and incorporates those allegations as though fully

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set forth herein.

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41. At said time and place hereinbefore set forth,Defendant HARRIS approached Plaintiff

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and thereupon willfully, wantonly, maliciously and without regard for the rights of

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Plaintiff, assaulted, battered and falsely imprisoned Plaintiff, without cause, reason or

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excuse as herein alleged.

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42. The alleged conduct of Defendant HARRIS was intentional and malicious and performed

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for the purpose of causing Plaintiff to suffer humiliation, mental anguish, emotional and

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physical distress. Said conduct of Defendant HARRIS was done with the knowledge that

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Plaintiff would undoubtedly suffer severe emotional distress and certain physical injury.

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43. As a direct and proximate result of the wrongful and malicious acts of Defendant

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HARRIS and the fright caused to Plaintiff thereby, Plaintiff has been injured in his mind

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and body by being assaulted, battered and falsely imprisoned by Defendant HARRIS, all

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to the damage of Plaintiff according to proof at the time of trial. 6 PLAINTIFF S " COMPLAINT FOR DAMAGES


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44. The aforementioned acts of Defendant Harris were willful,wanton, malicious, reckless

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and oppressive and justify the award of exemplary and punitive damages to Plaintiff in an

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amount appropriate to punish and make an example of Defendant HARRIS.

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FIFTH CAUSE OF ACTION

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NEGLIGENCE

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45. Plaintiff re-alleges each and every allegation and statement contained in paragraphs 1

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through 45,inclusive of the allegations and incorporates those allegations as though fully

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set forth herein.

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46. At said time and place as set forth above, Defendant HARRIS owed a duty of reasonable

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care to act in a reasonable and prudent manner 1)when dealing with other persons; 2)by

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exercising self control; 3)by refraining from physical actions or movements that were

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unreasonable and unjustified and that could end up causing harm to other persons

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including Plaintiff herein.

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47. Defendant HARRIS breached this duty. While he was engaged in a heated argument with

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Plaintiff, Defendant HARRIS punched his arms toward Plaintiff. Said punch contacted

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Plaintiff in the face and caused Plaintiff injury.

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48.Defendant HARRIS' conduct was performed in such a careless and negligent manner and

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fell below the standard of care of a reasonable person in similar circumstance that he

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actually struck Plaintiff in the face.

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49.Defendant HARRIS continued in such conduct, by failing to exercise self control, acting

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in an unreasonable, unwarranted and unjustified manner, all of which caused Plaintiff to

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suffer significant and substantial harm, including but not limited to bodily injury, as well

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as emotional distress resulting in both physical and mental damages, and any other

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damages that may be further established, according to proof, at the time of trial.

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50. As a direct and proximate result of the negligent acts of Defendant HARRIS, Plaintiff has

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suffered extreme and severe mental anguish and physical pain. Plaintiff has been injured

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in his body and mind by Defendant HARRIS' negligent conduct, all to the damage of 7 PLAINTIFF S " COMPLAINT FOR DAMAGES


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Plaintiff according to proof at the time of trial.

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SIXTH CAUSE OF ACTION

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NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 5 6 7

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51. Plaintiff re-alleges each and every allegation and statement contained in paragraphs 1

through 51, inclusive of the allegations and incorporates those allegations as though fully set forth herein.

52. Defendant knew, or should have known, that his aforementioned conduct would cause Plaintiff severe emotional distress.

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53. As a direct and proximate result of the negligent acts of Defendant HARRIS, Plaintiff has

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suffered extreme and severe mental anguish, humiliation, severe emotional and mental

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suffering as Plaintiff was humiliated in a public place in front of many people, by the

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actions of Defendant. Plaintiff has been injured in his mind, body and nervous system, all

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of which have caused, and continue to cause Plaintiff great mental, physical emotional

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and nervous pain and suffering, due to the negligence of Defendant HARRIS, all to the

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damage of Plaintiff according to proof at the time of trial.

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Wherefore, Plaintiff DIMITRI GEIER,prays for judgment against Defendant HARRIS as follows:

FIRST,SECOND, THIRD,FOURTH AND FIFTH CAUSES OF ACTION

1. For general damages in the amount according to proof at the time of trial;

2. For medical and other incidental expenses in the amount according to proof at the time of trial;

3. For exemplary and punitive damages in amount according to proof at the time of trial; 4. For costs of suit herein incurred; and

5. For such other and further relief as the court may deem just and proper.

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PLAINTIFF S " COMPLAINT FOR DAMAGES


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Dated: October 22,2012

Craig F.Charles

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Attorney for Plaintiff

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DIMITRI GEIER

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9 PLAINTIFF S " COMPLAINT FOR DAMAGES


Dimitri Geier v. Kwame Harris