IN THE SUPERIOR COURT OF MAINE
IN AND FOR HANCOCK COUNTY
TRAVIS §
Plaintiff, §
§
v. § COMPLAINT
§
BETSEY GRANT §
Defendant. §
NOW COMES Travis, Plaintiff, and files this Complaint against Betsey Grant,
Defendant, and for cause would show this Honorable Court as follows:
A. PARTIES
1. Plaintiff Travis is a law-abiding male adult citizen of sound mind and a
resident of Ellsworth, Hancock County.
2. Defendant Betsey Grant is a female adult citizen of sound mind and a
resident of Ellsworth, Hancock County. She is also the proprietor of Tiny Tikes Daycare
in Ellsworth.
B. JURISDICTION AND VENUE
3. Jurisdiction exists in this Court pursuant to Maine Revised Statutes § 105.
4. Venue is proper in this Court because the events giving rise to the cause of
action described herein took place in Ellsworth, located in Hancock County.
C. STATEMENT OF FACTS
5. Plaintiff took his soon to Defendant’s daycare. The daycare set the time for
collecting children as 05:00pm.
6. On [DATE], Defendant informed Plaintiff that Tommy, Plaintiff’s son, was
always picked up late.
7. Plaintiff tried to explain to Defendant that Tommy was not picked up late
every day.
8. Defendant continued to insist that Tommy was always picked up late.
9. Plaintiff asked Defendant to provide exact dates when Tommy was picked
up late from the daycare but she declined to do so.
10. Eventually, Defendant decided to discontinue her daycare services to
Plaintiff.
11. Defendant packed all of Tommy’s stuff and had Plaintiff collect it from the
sheriff’s office.
12. Defendant began speaking to people around town about the incident. She
misrepresented the facts in a manner that portrayed Plaintiff in bad light.
13. Plaintiff is a divorced man with a high moral standing. He never cheated
on his wife during the course of their marriage. However, he and his ex-wife never made
their divorce public.
14. Plaintiff recently started dating again. Defendant has been spreading
rumors that Plaintiff has been cheating on his wife.
15. Plaintiff seeks damages and other reliefs for Defendant’s actions.
D. LEGAL ARGUMENT
16. Plaintiff hereby incorporates by reference the facts in ¶ 1-15 of this
Complaint as though set out in full herein.
17. The law is well settled that when the words found to have been used are
slander per se, it is not necessary for the plaintiff to prove special damages or actual
malice in order to recover a substantial amount. Hall v. Edwards, 138 Me. 231, 233, 23
A.2d 889, 890 (1942); Restatement (Second) of Torts § 621 (1976).
18. Actual malice may be shown for the purpose of enhancing damages. Hall
v. Edwards, 138 Me. at 233, 23 A.2d at 890.
19. Compensatory damages may include the elements of mental suffering,
humiliation, embarassment, effect upon reputation and loss of social standing, so far as
they have been proved or may reasonably be presumed. McMullen v. Corkum, 143 Me.
47, 54 A.2d 753 (1947); Restatement (Second) of Torts § 623 (1976).
20. We have previously held that damage assessment is the sole province of
the jury and an award of damages will be held excessive only if it is not rationally
supportable. Souza v. Bangor Hydroelectric Company, 391 A.2d 349, 354 (Me.
1978); Wallace v. Coca Cola Bottling Plants, Inc., 269 A.2d 117, 122 (Me.1970).
21. “Words in themselves harmless, or of doubtful import, become slanderous
when used with reference to known existing facts and circumstances in such manner as
to convey to the hearer a charge of crime. This limited protection to reputation the law
attempts to give against indirect verbal imputation. It must, however, be made
apparent, by suitable averments in the declaration, that the language employed was
used by the defendant slanderously, to the extent stated; and the words, when taken in
their plain and natural import, must be capable of the meaning attributed to them.”
Brown v. Rouillard, 117 Me. 55, 59, 60, 102 A. 701, 702.
22. Defendant is liable for defamation (slander) and ought to pay damages to
Plaintiff.
E. PRAYER FOR RELIEF
REASONS WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully
requests this Honorable Court to grant him the following reliefs:
a. GRANT judgment in favor of Plaintiff and against Defendant;
b. AWARD Plaintiff damages for defamation (slander) in the sum of
$_________;
c. AWARD Plaintiff punitive damages;
d. AWARD Plaintiff costs of this suit;
e. AWARD Plaintiff pre- and post-judgment interests;
f. AWARD Plaintiff such equitable and further relief as this Court deems
proper.
Dated this ____ day of August, 2022.
Respectfully Submitted,
____________________________
Travis ,
Plaintiff in pro per
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