Lawsuit Against Janitor at Dance Studio
Lawsuit Against Janitor at Dance Studio
47-CV-2016-900433.00
To: Eric James Artrip
[email protected]
Notice Date:
3/16/2016 2:07:27 PM
JANE C. SMITH
CIRCUIT COURT CLERK
MADISON COUNTY, ALABAMA
MADISON COUNTY, ALABAMA
100 NORTHSIDE SQUARE
HUNTSVILLE, AL 35801
256-532-3390
DOCUMENT 1
State of Alabama
COVER SHEET
CIRCUIT COURT - CIVIL CASE
ELECTRONICALLY FILED
3/16/2016 2:06 PM
47-CV-2016-900433.00
47-CV-2016-900433.00
CIRCUIT COURT OF
MADISON
COUNTY,
Date of Filing:
Judge
Code: ALABAMA
JANE C. SMITH, CLERK
Case Number:
Rev.5/99
03/16/2016
GENERAL INFORMATION
IN THE CIRCUIT OF MADISON COUNTY, ALABAMA
JANE DOE v. JEREMY JOSEPH NELSON ET AL
First Plaintiff:
Business
Government
First Defendant:
Individual
Other
Business
Government
Individual
Other
NATURE OF SUIT:
TORTS: PERSONAL INJURY
INITIAL FILING
APPEAL FROM
DISTRICT COURT
REMANDED
TRANSFERRED FROM
OTHER CIRCUIT COURT
Yes
MEDIATION REQUESTED:
3/16/2016 2:06:34 PM
Yes
OTHER
No
ART001
No
Undecided
DOCUMENT 2
ELECTRONICALLY FILED
3/16/2016 2:06 PM
47-CV-2016-900433.00
CIRCUIT COURT OF
MADISON COUNTY, ALABAMA
JANE C. SMITH, CLERK
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CASE NO.
COMPLAINT
COMES NOW, Plaintiff, Jane Doe, as Mother and next friend of Mary Doe, a minor, and
on behalf of herself and all other similarly-situated minor children, files this Complaint against
Jeremy Joseph Nelson, James Starkey, individually and as owner/operator of Sanitary Systems
(hereinafter Sanitary), and, in support therefor, shows as follows:
INTRODUCTION
1.
In and around August, 2011, Mary Doe, a minor, was enrolled as a dance student
at Anns Studio of Dance in Huntsville, Alabama (the Studio). Plaintiff Jane Doe entered into
a contract with Anns School of Dance for the Studio to provide dance lessons to Mary Doe.
During this time, the Studio contracted with James Starkey d/b/a Sanitary Systems to clean the
facility. Jeremy Joseph Nelson was one of Sanitary Systems employees hired by Mr. Starkey as
a janitor. In his position as a custodian at the Studio, Mr. Nelson had unsupervised access to the
dressing rooms and restrooms. Utilizing his unfettered and unsupervised access to the minor
Plaintiffs changing areas, Mr. Nelson installed a video surveillance system in restrooms and
dressing rooms he was paid to clean. The system he installed filmed and photographed Mary Doe
DOCUMENT 2
Jane Doe is above the age of nineteen (19) years, is Mary Does mother and is a
resident of Madison County, Alabama. Jane Doe is the Guardian and next friend of Plaintiff
Mary Doe., a minor resident of Alabama.
3.
Jeremy Joseph Nelson is Caucasian, above the age of nineteen (19) and a resident
James Starkey is above the age of nineteen (19) years and a resident of Madison
County, Alabama. He is sued in his individual capacity and as owner of Sanitary Systems.
JURISDICTION AND VENUE
5.
6.
Given the amount in controversy and the nature of claims plead infra, this Court
8.
Defendants as this is the judicial district in which a substantial part of the events which have
given rise to the claims, plead infra, occurred.
FACTS
Facts Common to Plaintiff and
Putative Class Members
9.
10.
Defendant James Starkey has been doing business as Sanitary Systems for
approximately 40 years.
11.
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Mr. Nelsons arrest to act as one of Sanitary Systems custodians to be sent its customers
facilities to perform cleaning and custodial duties.
12.
During his time working with Sanitary Systems, Defendant Nelson was sent by
Defendant Starkey to a number of facilities and businesses in Huntsville, Alabama including, but
not limited to, WHNT Channel 19, Huntsville Hospitals Childcare Center, and Bentley Cadillac.
13.
During the time Defendant Nelson worked for Sanitary Systems, he was sent to
Anns Studio of Dance (the Studio) to perform janitorial services. This placed Nelson in a
situation where he had unfettered access to the restrooms and changing rooms used by both
adults and minors.
14.
At some point during his time working at the Studio and other facilities,
Defendant Nelson placed cameras in the bathrooms and changing rooms used by minors.
15.
completely nude.
16.
On the 7th day of October, 2014, a warrant was issued for the arrest of Defendant
Nelson, for knowingly placing the cameras in the changing rooms and bathrooms at WHNT,
Bentley Cadillac and the Studio. The warrant alleged that Defendant Nelson printed, recorded,
photographed and distributed pictures of children taken at the Studio and at other facilities.
Named Plaintiff Allegations
17.
Plaintiff Mary Doe was a student at the Studio from approximately August 2011
to June 2013, during the time period during which Defendant Starkey had assigned Defendant
Nelson to the Studio.
18.
19.
DOCUMENT 2
failure to properly hire, train, supervise or retain his employees, Plaintiff Mary Doe has suffered
embarrassment associated with invasion of privacy, humiliation and mental anguish.
20.
which provides coverage for the acts as alleged herein (the Insurance Policy.)
21.
Defendants are insured under a policy of insurance for the above allegations.
However, given the severe harm caused and the outrageous nature of conduct at issue, any
affected individual Plaintiff could and would obtain a jury verdict in excess of available
coverage. That is there is not enough available coverage to fully compensate the victims of the
Defendants actions.
CLASS ACTION ALLEGATIONS
22.
This is a class action properly maintained under RULE 23(b)(2) and/or 23(b)(3) of
24.
Plaintiff brings this action in his individual capacity and on behalf of the class of
persons meeting the above description with the exception of all currently sitting justices, judges,
magistrates of the United States and/or the State of Alabama, their current spouses, all persons
within the third degree of relationship to such justices, judges or magistrates and their spouses
and class counsel and their families, who would otherwise be included in the Class defined
above.
25.
Members of the Class are so numerous that joinder is impracticable. This Class
will consist of hundreds of children given the number of students who have been at Anns.
DOCUMENT 2
26.
insurance policy at the time of the incident made the basis of this matter. This policy will be
insufficient to grant all putative class members an award of compensatory damages which would
make them whole.
27.
There are questions of law and/or fact common to the Class which predominate
over individual questions. These common questions include, but are not limited to, the following:
a.
b.
c.
d.
e.
d.
e.
f.
28.
Because Defendant Nelson acted against a number of minors, the claim of the
named Plaintiff is typical of the claim of the members of the putative Class.
29.
Because the Defendants actions affected all member of the putative Class in a
and Class Members. A class action is superior to other available methods for the fair and
efficient adjudication of this controversy. Absent a class action, Plaintiff and the Class Members
DOCUMENT 2
prosecute their common claims in a single forum, simultaneously, efficiently, and without the
unnecessary duplication of evidence, effort, time and expense that would be required in
numerous individual actions.
32.
Plaintiff seeks declaratory and additional injunctive relief, including, but not
limited to, imposition of an injunction, and, to the extent Class members cannot be located cy
pres distribution of damages.
33.
Neither Plaintiff nor her parents have interests adverse to the interest of the Class,
they will fairly and adequately represent the interest of the Class and they will vigorously
prosecute this action on behalf of the absent Class members.
34.
Counsel for the named Plaintiff have no interest adverse to the interest of the
Class and will vigorously prosecute this action. Plaintiff has chosen counsel who are competent
and experienced in the prosecution of class actions.
CAUSES OF ACTION
COUNT I
Negligent/Wanton Hiring, Training, Retention and/or Supervision
(Defendants Starkey and Sanitary)
35.
Defendants Starkey and Sanitary failed to properly train and/or supervise Nelson,
who was incompetent in that he committed the wrongful acts referred to herein in the line and
scope of his employment.
37.
Defendants Starkey and Sanitary, as the employer, are and were imposed with the
DOCUMENT 2
38.
reasonable care or acting in reckless disregard of a known risk or should have known that the
Plaintiff would be subjected to sexual harassment.
39.
their duty to exercise reasonable care, Plaintiff has suffered mental and physical anguish and
severe emotional distress.
WHEREFORE, the Plaintiff prays that judgment be entered against Defendants Starkey
and Sanitary for compensatory and punitive damages, costs of this action, and such other legal
and equitable relief as this Court deems necessary and proper.
COUNT II
Negligent/Wanton Retention
(Defendants Starkey and Sanitary)
40.
During the period of the Plaintiffs attendance at the Studio, Defendants Starkey
and Sanitary hired and wrongfully retained Defendant Nelson, who, while acting in the line and
scope of his employment, committed various wrongful acts.
42.
Defendants Starkey and Sanitary had a duty to investigate and supervise the
Defendant Nelsons, and knew or should have known of Defendant Nelsons incompetency, and
failed to discharge him.
43.
Defendants Starkey and Sanitary breached their duty owed to the Plaintiff in that
they failed to appropriately supervise and investigate Defendant Nelsons conduct and would
have revealed the unsuitability of Defendant Nelson for the particular work or employment for
which he was responsible.
DOCUMENT 2
44.
appropriately supervise and investigate Defendant Nelson, Plaintiff has suffered mental and
physical anguish and severe emotional distress.
WHEREFORE, the Plaintiff prays that judgment be entered against Defendants Starkey
and Sanitary for compensatory and punitive damages, costs of this action, and such other legal
and equitable relief as this Court deems necessary and proper.
COUNT III
Invasion of Privacy
(Defendants Starkey, Sanitary and Nelson)
45.
During the period of the Plaintiffs attendance at the Studio, Defendant Nelson,
acting within the line and scope of his employment with the Defendants Starkey and Sanitary,
wrongfully pried or intruded into the Plaintiffs private activities, affairs, and seclusion.
47.
As a direct and proximate result of the unreasonable and illegal action of the
Defendants Starkey, Sanitary and Nelson, the Plaintiff has suffered from mental and physical
anguish and severe emotional distress.
WHEREFORE, the Plaintiff prays that judgment be entered against Defendants Starkey,
Sanitary and Nelson for compensatory and punitive damages, costs of this action, and such other
legal and equitable relief as this Court deems necessary and proper.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests this Court enter an Order:
DOCUMENT 2
A.
B.
Plaintiff further pray for such other relief, including equitable and benefits as the
cause of justice may require, including, but not limited to, an award of costs,
attorneys fees and expenses.
DOCUMENT 2
DEFENDANTS TO BE SERVED
JEREMY JOSEPH NELSON
Madison County Jail
815 Wheeler Ave
Huntsville, AL 35801
JAMES STARKEY, individually and as owner of SANITARY SYSTEMS
5005 Maysville Road
New Market, AL 35761