COMPLAINT

1. COMES NOW Plaintiff DOROTHY PIERCE, with this complaint against the Defendants ADAM PIERCE; ANDERSON POLICE DEPARTMENT; and JOWLES NIKITA as follows: 

PARTIES

• Plaintiff, DOROTHY PIERCE of address [ENTER ADDRESS] is the owner and/or proprietor of [ENTER COMPANY NAME] of address [ENTER ADDRESS].
• Defendant, ADAM PIERCE of address [ENTER ADDRESS] is the Plaintiff in Plaintiff’s Probate case. (Case No: 2020ES3700532).
• Defendant ANDERSON POLICE DEPARTMENT of address [ENTER ADDRESS] is a government agency.
• Defendant, JOWLES NIKITA of address [ENTER ADDRESS] is a former employee of Plaintiff’s Company. 

JURISDICITON AND VENUE

• This court has subject matter jurisdiction pursuant to SC Code § 14-5-350 (2016).
• Venue is proper in this court as Plaintiff and the Defendants are subject to personal jurisdiction in this state. Notably, Plaintiff and some/all of the Defendants live within the jurisdiction of this Court. Besides, a substantial part of the acts and omissions forming the basis of these claims occurred in this County. 

FACTS

• Adam Pierce (hereinafter “Adam”) spoke ill about Plaintiff to Jowles Nikita, who worked at Plaintiff’s company.
• Adam told Jowles that Plaintiff had a lot of criminal cases against her. He further told Jowles that Plaintiff was not the owner of the company, and that he, Adam, was the owner thereof.
• Accordingly, Adam convinced Jowles to stop working for Plaintiff.
• Adam also told Jowles to take anything she could take from the Plaintiff’s facility before she left. Jowles made away with Plaintiff’s laptop and over $ 300, which Plaintiff have never been returned.
• When Plaintiff realized what had happened, she reported the case to the Anderson Police Department. An officer from the said Police Department came at the facility and called Jowles on phone.
• Jones stated that, inter alia, a person whom she thought was the owner of the facility told her to take the laptop and the money.
• Notably, the officer did not write any report or open any file of the case. He only asked Plaintiff to provide evidence that the laptop belongs to Plaintiff and that the business was the Plaintiff’s.
• The Plaintiff provided the required evidence within two weeks, but still, the Police Department failed to record the case.
• When Plaintiff called the officer to demand a report of the case, the officer wrote a totally different report. His report contained erroneous factual allegations. For instance, the officer’s report claimed that the Plaintiff had gifted the laptop to Jowles, which was not true. Plaintiff went visited the Police Department’s offices in person to no avail. The Department failed to record the facts as it were on the first day the officer came to the facility.    

CLAIMS FOR RELIEF

COUNT 1

UNJUST ENRICHMENT

(Against Jowles Nikita and Adam Pierce)

1. Plaintiff hereby incorporates by reference all the allegations contained in all the preceding paragraphs of this complaint as though fully stated herein.
2. The said Defendants unjustly enriched themselves by taking Plaintiff’s items from Plaintiff’s facility.
3. Plaintiff is therefore entitled to recover any and all stolen items from the Defendants.

COUNT 2

NEGLIGENCE

 (Against Anderson Police Department)

• Plaintiff hereby incorporates by reference all the allegations contained in all the preceding paragraphs of this complaint as though fully stated herein.
• The Police Department owed to the Plaintiff a duty of care. Notably, the Police Department is duty bound to maintain law and Order. Part of the duties of the Sheriff department is to conduct investigations. 
• The Police Department breached the aforesaid duty by failing to properly conduct an investigation in Plaintiff’s case. The Department also took long to record the case, amidst Plaintiff’s requests for a report. Further, when the Department finally gave the report, it contained erroneous information.
• As a direct and proximate result hereof, the Plaintiff has Plaintiff has lost her laptop, her money, and other items.
• The acts and/or omissions of the Defendant were deliberate, knowing, willful, and/or reckless.

COUNT 3

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

 (Against All Defendants)

• Plaintiff hereby incorporates by reference all the allegations contained in all the preceding paragraphs of this complaint as though fully stated herein.
• The conducts of the Defendants as set forth above were extreme, and outrageous.
• Defendants ought to have reasonably known that their actions and/or inactions would cause severe harm on Plaintiff.
• The Defendants filed to consider the adverse effects of their actions and/or inactions on Plaintiff.
• As a result of the Defendants’ actions and/or inactions, Plaintiff lost her items as alleged hereinabove, and underwent emotional distress.

COUNT 4

BREACH OF CONTRACT

(Against Jowles Nikita)

• Plaintiff hereby incorporates by reference all the allegations contained in all the preceding paragraphs of this complaint as though fully stated herein.
• A Contract of Employment between Plaintiff and the Defendant whereby the said Defendant was obligated to perform their respective services in Plaintiff’s business.
• The employee breached the agreement by terminating the employment without reasonable notice and without reasons to the Plaintiff. She also stole Plaintiff’s items.
• As a direct and proximate result hereof, the Plaintiff has suffered lost her items, and has been subjected to emotional distress.

COUNT 5

TORTIOUS INTERFERENCE WITH CONTRACT

(Against Adam Pierce)

• Plaintiff hereby incorporates by reference all the allegations contained in all the preceding paragraphs of this complaint as though fully stated herein.
• Plaintiff had a reasonable expectation that she would obtain the benefits from the services of Jowles; and that Jowles would abide by the terms in the contract of employment.
• The said Defendant interfered with the reasonable expectation by influencing the breach of the said contract.
• Adam spoke ill about Plaintiff to Jowles, making her terminate the employment.

COUNT 6

BREACH OF IMPLIED DUTY OF GOOD FAITH AND FAIR DEALING

(Against Jowles Nikita)

• Plaintiff hereby incorporates by reference all the allegations contained in all the preceding paragraphs of this complaint as though fully stated herein.
• The said Defendant had an implied duty of good faith and fair dealing out of the contractual relationship that existed between her and the Plaintiff’s Company.
• The doctrine of good faith and fair dealing bound the Defendant to ensure she offered all services in good faith.
• The actions and/or inactions of the Defendant as alleged hereinabove amounted to a violation of the implied duty of good faith and fair dealing.

COUNT 7

CONVERSION

(Against Jowles Nikita and Adam Pierce)

• Plaintiff hereby incorporates by reference all the allegations contained in all the preceding paragraphs of this complaint as though fully stated herein.
• The Plaintiff owned the facility and all property within the facility.
• The said Defendants obtained unlawful possession of the items they took from the facility without Plaintiff’s consent.
• The aforesaid conduct was inconsistent with Plaintiff’s property rights thereof.

PRAYER FOR RELIEF

WHEREFORE, the Plaintiff is entitled to damages from the Defendants, and she hereby prays that judgment be entered in his favor and against the Defendants as follows:

Complainant seeks the following remedies:

1. That the Court orders damages in an amount to be determined the Court for the Defendants’ conduct alleged herein;
2. That the Court orders a return of any and all items taken from the facility;
3. Interest as provided by law;
4. An award of fees and costs;
5. That the Court issues any other order that this institution deems just.

Respectfully submitted:

Dated: __________

CERTIFICATE OF MAILING

I, [ENTER NAME], certified on this ______day of ________ 2021, I deposited a true copy of the above to the Defendants by placing the documents with prepaid postage in the United States mailbox address.

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