Civil suit 2020.PDF

Case Number: CACE-20-017735 Division: 04 Filing # 115546040 E-Filed 10/23/2020 04:58:32 PM IN THE CIRCUIT COURT, SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASENO.: DIVISION: LEONDRA PHILLIPS, individually, and as Personal Representative of the ESTATE of CHRISTOPHER THOMAS, JR., deceased, Plaintiff, vs. JAMELL DEMONS, CORTLEN HENRY, JAMESON FRANCOIS, TREVEON GLASS, JACOBI MILLS, ADRIAN DAVIS, DONTAVIUS WITHERS, FREDRICK GIVENS, 100K MANAGEMENT, LLC, a Florida Limited Liabiiity Company. and JOHN DOE, an unknown individual, Defendants. —_— COMPLAINT FOR DAMAGES COMES NOW, the Plaintiff, LEONDRA PHILLIPS, individually and as Personal Representative of the ESTATE of CHRISTOPHER THOMAS, JR., deceased, by and through her undersigned counsel, and hereby files this complaint against Defendants, JAMELL DEMONS, CORTLEN HENRY, JAMESON FRANCOIS, TREVEON GLASS, JACOBI MILLS, ADRIAN DAVIS, DONTAVIUS WITHERS, FREDRICK GIVENS, 100K MANAGEMENT, LLC and JOHN DOE allege as follows: JURISDICTIONAL ALLEGATIONS 1. For jurisdictional purposes, Plaintiff alleges that this is an action in excess of the amount required for jurisdiction of this court of THIRTY THOUSAND 1 +++ FILED: BROWARD COUNTY, FL. BRENDA D, FORMAN, CLERK 10/23/2020 04:58:29 PM.#+++ DOLLARS, exclusive of inferest, costs, and attomeys' fees. In fact, damages are in the millions or tens of millions of dollars or more. 2. At all times material, Plaintiff, LEONDRA PHILLIPS was the natural parent of CHRISTOPHER THOMAS, JR., deceased, and has been appointed as Personal Representative of the ESTATE of CHRISTOPHER THOMAS, JR. 3. Afallfimes material, LEONDRA PHILLIPS and CHRISTOPHER THOMAS, JR. were residents of Indian River County, Florida. 4. The death of CHRISTOPHER THOMAS, JR. occurred in Miramar, Broward County, Florida. 5. Al potential beneficiaries of any recovery for wrongful death and their relationship to the deceased, CHRISTOPHER THOMAS, JR. are identified as follows: (a) The ESTATE of CHRISTOPHER THOMAS, JR... (b) LEONDRA PHILLIPS, the natural parent of CHRISTOPHER THOMAS, JR. (c) CHRISTOPHER THOMAS, SR. the natural parent of CHRISTOPHER THOMAS, JR 6. Plaintiff, LEONDRA PHILUPS, individually and as Personal Representative of the ESTATE of CHRISTOPHER THOMAS, JR. is enfified and empowered by the Florida Wrongful Death Act to recover for CHRISTOPHER THOMAS, JR.'s survivors, beneficiaries, and estate, all the damages allowed pursuant fo ifs provisions. 2 7. Upon information and belief, and at all fimes material, Defendant JAMELL DEMONS was a resident of Indian River County, Florida. However, Defendant JAMELL DEMONS is curently a resident of the Broward County Jail located at 555 SE 14 Ave, Ft. Lauderdale, Florida. 8. Upon information and belief, and at all times material, Defendant CORTLEN HENRY was a resident of Indian River County, Florida. He is curently residing in Miami-Dade County, Florida. 9. Upon information and belief, and at all times material, Defendant JAMESON FRANCOIS was a resident of Broward County, Florida. He is curently residing in Broward County, Florida. 10. Upon information and belief, and at all times material, Defendant TREVEON GLASS was a resident of Indian River County, Florida. He is curently residing in Indian River County, Florida. 11. Upon information and belief, and at all imes material, Defendant JACOBI MILLS was a resident of Indian River County, Florida. He is cumently residing in Indian River County, Florida. 12. Upon information and belief, and at all times material, Defendant ADRIAN DAVIS was a resident of Indian River County, Florida. He is curently residing in Palm Beach County, Florida. 13. Upon information and belief, and at all times material, Defendant DONTAVIUS WITHERS was a resident of Indian River County, Florida. He is currently residing in Indian River County, Florida. 3 14. Upon information and belief, and at al fimes material, Defendant FREDRICK GIVENS was a resident of Broward County, Florida. He is curently residing in Miami-Dade County, Florida. 15. Upon information and belief, and at al fimes material, Defendant 100K MANAGEMENT, LLC was a Florida Limited Liability Company operating and doing business within the city of Hallandale Beach, Broward County, Florida. 16. John Doe is an alias, unknown individual, and will be named when known. 17. The incidents giving rise fo this action occurred in Broward County, Florida. 18. Specifically, this action is based on a fatal shooting that occurred at an undocumented location; however, it is believed that the shoofing occurred on the streets and highways of Miramar, Broward County, Florida. 19. CHRISTOPHER THOMAS, JR.'s bullet riddled, bloody body was taken fo a hospital, Memorial Hospital Miramar, in Miramar, Frida. FACTUAL ALLEGATIONS 20. Inthe early morning hours of October 26, 2018, eight individuals met at arecording studio in downtown Fort Lauderdale, Florida. 21. Ulimately, four of these individuals loaded info a Jeep Compass. CHRISTOPHER THOMAS, JR. was the right rear passenger. Anthony Wiliams was the right front passenger. CORTLEN HENRY was fhe driver. JAMELL DEMONS was the left rear passenger. The subject Jeep was a rental vehicle that was rented 4 by 100K MANAGEMENT, LLC and/or JAMESON FRANCOIS. According fo Florida's public records, Defendant JAMESON FRANCOIS is the registered agent of 100K Management, LLC. 22. At about fhe same fime, DONTAVIUS WITHERS, a friend and colleague of JAMELL DEMONS and CORTLEN HENRY, drove a red Mitsubishi vehicle which also departed from the recording studio in Fort Lauderdale. 23. TREVEON GLASS, JACOBI MILLS, ADRIAN DAVIS, and DONTAVIUS WITHERS were occupants of fhe subject Mitsubishi. 24. According fo the State of Florida, analysis through True Call Data not only provides evidence of what environment phones are in (such as whether a phone is in a car). it dlso provides the distance from the nearest cell phone fower and the angle from the tower. Based thereon and other factual evidence, the locations of the individuals named herein are known at the material fimes. 25. The Jeep Compass and its four occupants, and the Mitsubishi and its four occupants, fraveled from Fort Lauderdale, leaving about 3:20 a.m., going across Interstate 595 and traveling south on Interstate 75 fo Miramar Parkway. 26. Along the journey, the Mitsubishi and Jeep diverted from each other and took separate paths. It is believed the individuals in the Mitsubishi went to a home rented by JAMELL DEMONS in the Sunset Lakes area of Miramar, Florida. 5 27. The Jeep, driven by CORTLEN HENRY, veered off the path and traveled to a secluded location with the other occupants in the Jeep, JAMELL DEMONS, Anthony Wiliams and CHRISTOPHER THOMAS, JR. 28. According to the State of Florida, data reveals that a shooting and then a staged drive-by shooting took place at or near Pembroke Road and U.S. 27 at or around 4:01 a.m. (hereinafter “the shooting location”). 29. According fo the State of Florida, JAMELL DEMONS first shot Anthony Williams in the back of the head and then shot CHRISTOPHER THOMAS, JR, on the side of the head, at which point CHRISTOPHER THOMAS, JR. slumped over fo his left. Defendants JAMELL DEMONS and CORTLEN HENRY had previously been convicted of a felony. By operation of Florida Law, neither were entified to possess a firearm on the date of the subject shooting. 30. Following the shoofings, JAMEL DEMONS, CORTLEN HENRY, and others involved, erroneously claimed CHRISTOPHER THOMAS, JR. and Anthony Wiliams were killed during a drive-by shoofing. 31. The evidence is not consistent with a drive-by shooting. 32. After the shooting, CORTLEN HENRY released JAMELL DEMONS on the side of the road. 33. According fo the State of Florida, JAMELL DEMONS’ cell-phone records shows he sent a message or “ping” to another individual requesting fo be picked up from the scene of the shooting. JAMESON FRANCOIS, transported JAMELL DEMONS from the shooting location. 6 34. Ultimately, the Jeep Compass anived at Memorial Hospital Miramar with only three people in the car. CORILEN HENRY was stil the driver. CHRISTOPHER THOMAS, JR.. was fil the right rear passenger and Anthony Wiliams was sil in the front passenger seat, except they had been shot and were dying or deceased. 35. Prior to fransporting the shooting victims to the hospital or nofifying rescue personnel, or nofifying law enforcement of the shoofing, CORTLEN HENRY changed his clothes. 36. At or around 4:43 am, the shooting victims, CHRISTOPHER THOMAS JR. and Anthony Williams, were removed from the Jeep at Miramar hospital. 37. Somefime thereafter, multiple individuals, including but not limited fo some of fhe defendants herein, refumed to the scene of the shooting fo remove or spoliate evidence. 38. CORILEN HENRY claimed the shoofing victims were involved in a drive-by shoofing. CORTLEN HENRY said that he got down and thus didn't see anything, including the driver or make and model of the car. 39. CORTLEN HENRY then mislead law enforcement officials by placing the location of the drive-by shoofing, at or near Miramar Parkway and Interstate 75. Based thereon, Miramar Police Department investigated that entire roadway and found no shell casings, no broken glass and nothing fo justify or show that there was any truth to the statements made by CORTLEN HENRY. 7 40. Uliimately, eight 40 caliber shell casings were found at the frue shooting location. A trajectory analysis performed by the State of Florida reveals that sixteen shots were fired info the vehicle. The irajectory analysis also reveals that mulfiple gunshots were fired from within the subject Jeep Compass. 41. Further, according to the State of Florida a white plastic bag containing a .40 Caliber Smith and Wesson shell casing was found in the Jeep on the morning of October 26, 2018. The Broward County Crime Lab confimed that shell casing recovered from inside of the Jeep is consistent and fired from the same weapon as the ones that were found on the side of the road af the shooting location. 42. Based upon information and belief, Defendants DEMONS, HENRY, FRANSCOIS, GLASS, MILLS, DAVIS WITHERS, and/or GIVENS provided false and/or misleading information fo law enforcement officers investigating the shooting death of CHRISTOPHER THOMAS JR. 43. According to the State of Florida, JAMELL DEMONS admitted fo shooting two individuals in the head in a video on his cell phone, stating, "There's no regrets for the shit that | did for that n—— to die. Both of them never say when." During the video, JAMELL DEMONS allegedly takes a pen and pufs it to his head in the shape of a gun, depicting pulling the frigger of a gun. 44. Evidence has been requested from the State of Florida. Despite Marcy's Law, the State of Florida has withheld this evidence. The facts will be 8 supplemented as more is known and discovery is conducted in both the pending criminal cases and this civil action. COUNTI WRONGFUL DEATH — DEFENDANT JAMELL DEMONS Plaintiff re-alleges Paragraphs 1 through 44 as if set forth fully herein and further alleges: 45. Defendant JAMELL DEMONS negligently, recklessly or intentionally fired his weapon at CHRISTOPHER THOMAS, JR.. resulting in great bodily harm or death 46. Defendant JAMELL DEMONS knew or should have known that his actions were substantially certain or could result in great bodily harm or death. 47. As a direct and proximate result of the foregoing conduct of Defendant, JAMELL DEMONS, CHRISTOPHER THOMAS, JR., sustained injuries that resulted in his death. As a result of his death, the ESTATE of CHRISTOPHER THOMAS, JR. has suffered damages including medical and funeral expenses that have become a charge against his Estate or were paid by or on behalf of the decedent. Further, as a direct and proximate result of the aforementioned conduct of the Defendant JAMELL DEMONS and death of CHRISTOPHER THOMAS, JR.. the Estate has lost ifs prospective net accumulations that might have reasonably been expected but for the wrongful death, reduced fo present value. The Estate and survivors are also entified fo all other damages as allowed by 768.21, Florida Statutes. 9 WHEREFORE, Plainfiff, LEONDRA PHILLIPS, individually and as Personal Representative of the ESTATE of CHRISTOPHER THOMAS, JR... demands judgment against JAMELL DEMONS for compensatory damages, costs, inferest as allowed by law, and for such other relief as this Court deems just and proper. COUNT II WRONGFUL DEATH - DEFENDANT CORTLEN HENRY Plaintiff re-alleges Paragraphs 1 through 44 as if set forth fully herein and further alleges: 48. Defendant CORTLEN HENRY negligently, recklessly. or intentionally participated in causing the death of CHRISTOPHER THOMAS, JR., infending fo cause great bodily harm or death. 49. Defendant CORTLEN HENRY knew that his actions were substantially certain or could result in great bodily harm or death. 50. As a direct and proximate result of the foregoing conduct of Defendant CORTLEN HENRY, CHRISTOPHER THOMAS, JR. sustained injuries that resulted in his death. As a result of his death, the ESTATE of CHRISTOPHER THOMAS, JR.. has suffered damages including medical or funeral expenses that have become a charge against his Estate or were paid by or on behalf of the decedent. Further, as a direct and proximate result of the aforementioned conduct of the Defendant CORTLEN HENRY and death of CHRISTOPHER THOMAS, JR., the Estate has lost ifs prospective net accumulations that might have reasonably been expected but for fhe wrongful death, reduced to 10 present value. The Estate and survivors are also enfifled fo all ofher damages as allowed by 768.21, Florida Statutes. WHEREFORE, Plainfiff, LEONDRA PHILLIPS, individually and as Personal Representative of the ESTATE of CHRISTOPHER THOMAS, JR., demands judgment against CORTLEN HENRY for compensatory damages, costs, interest as allowed by law, and for such other relief as this Court deems just and proper. COUNT lll-IV EE NEU DEATH = JAMEL Plaintiff re-alleges Paragraphs 1 through 44 as if set forth fully herein and further alleges: 51. Due to the discharge of a handgun, Defendants JAMELL DEMONS and/or CORTLEN HENRY created a situation in which CHRISTOPHER THOMAS, JR's life was immediately in jeopardy after the gun was discharged. 52. Since the immediate danger fo the life of CHRISTOPHER THOMAS, JR. was created by Defendants JAMELL DEMONS’ and/or CORTLEN HENRY'S actions and/or inaction, Defendants JAMELL DEMONS and/or CORTLEN HENRY had a duty to reasonably render aid fo CHRISTOPHER THOMAS, JR., call rescue or otherwise assist him from dying as he did. 53. Defendants JAMELL DEMONS and/or CORTLEN HENRY breached a duty fo render aid in the following ways: n (a) By failing fo call, or otherwise notify, emergency personnel as soon as it was apparent that CHRISTOPHER THOMAS, JR., had sustained life threatening gun shots; (b) By failing to seek immediate medical attention at a hospital or other urgent care facility after the shoofing: and (c) By not immediately faking CHRISTOPHER THOMAS, JR. fo a hospital while knowing his life was in jeopardy. 54. Due fo the above breaches of Defendants JAMELL DEMONS’ and/or CORTLEN HENRY's duty fo render aid, CHRISTOPHER THOMAS, JR. life ceased fo exist. Had Defendants JAMELL DEMONS and/or CORTLEN HENRY not breached this duty, CHRISTOPHER THOMAS, JR., could have received medical freatment. Therefore, Defendants JAMELL DEMONS’ and/or CORTLEN HENRY's omissions are the direct and proximate cause of CHRISTOPHER THOMAS, JR.'s death. 55. As a direct and proximate result of the foregoing conduct of Defendants JAMELL DEMONS and/or CORTLEN HENRY, CHRISTOPHER THOMAS, JR. sustained injuries that resulted in his death. As a result of his death, the ESTATE of CHRISTOPHER THOMAS, JR. has suffered damages including medical and funeral expenses that have become a charge against his Estate or were paid by or on behalf of the decedent. Further, as a direct and proximate result of the aforementioned conduct of the Defendants and death of CHRISTOPHER THOMAS, JR., the Estate has lost ifs prospective net accumulations that might 12 have reasonably been expected but for fhe wrongful death, reduced to present value. The Estate and survivors are also enfified to all other damages as allowed by 768.21, Florida Statutes. WHEREFORE, Plaintiff, LEONDRA PHILLIPS, individually and as Personal Representative of the ESTATE of CHRISTOPHER THOMAS, JR, demands judgment against Defendants JAMELL DEMONS and/or CORTLEN HENRY for compensatory damages, costs, interest as allowed by law, and for such other relief as this Court deems just and proper. COUNTS V. VI, VIL, VIL IX, X, XI, XII TORTIOUS INTERFERENCE WITH A CORPSE AND/OR EVIDENCE OF A CRIME SCENE= FRANCO ANDIOR TREVEON GLASS ANDJOR JAGOR WLS AND/OR ADRIAN DAVIS AND/OR FREDRICK GIVENS AND/OR DONTAVIUS WITHERS Plaintiff re-alleges Paragraphs 1 through 44 as if set forth fully herein and further alleges: 56. Once CHRISTOPHER THOMAS, JR. was shot, anyone who participated in fhe shoofing or was present at the shooting or was aware of fhe shooting owed a duty fo provide medical assistance and/or preserve fhe body Of CHRISTOPHER THOMAS, JR 57. Further, anyone with knowledge of the shoofing death of CHRISTOPHER THOMAS, JR. had a duty not fo destroy, cover-up, or spoliate any type of evidence relating to said shooting. 58. Once CHRISTOPHER THOMAS, JR. was shot, Defendants had a duty fo preserve evidence and not destroy evidence of the crime. 3 59. Once CHRISTOPHER THOMAS, JR. was shot, those who witnessed it or became aware of it, had a duly fo report the crime and not participate in the cover-up of a crime. 60. Upon information and belief, Defendants JAMELL DEMONS AND/OR CORTLEN HENRY AND/OR JAMESON FRANCOIS AND/OR TREVEON GLASS AND/OR JACOBI MILLS AND/OR ADRIAN DAVIS AND/OR FREDRICK GIVENS AND/OR DONTAVIUS WITHERS breached this duty by maliciously and/or intentionally covering up the death, the crime and otherwise failed fo disclose information to law enforcement personnel. 61. As a direct and proximate result of Defendants JAMELL DEMONS AND/OR CORTLEN HENRY AND/OR JAMESON FRANCOIS AND/OR TREVEON GLASS AND/OR JACOBI MILLS AND/OR ADRIAN DAVIS AND/OR FREDRICK GIVENS AND/OR DONTAVIUS WITHERS actions, CHRISTOPHER THOMAS, JR.'s body and other evidence involving his death was moved, destroyed, spoliated, and/or not disclosed. Said actions were malicious in nature and were extreme and outrageous and caused severe mental distress to Plaintiff LEONDRA PHILLIPS, as Personal Representative of the ESTATE of CHRISTOPHER THOMAS, Re WHEREFORE, Plaintiff, LEONDRA PHILLIPS, individually and as Personal Representative of the ESTATE of CHRISTOPHER THOMAS, JR., demands judgment against Defendants JAMELL DEMONS AND/OR CORTLEN HENRY AND/OR JAMESON FRANCOIS AND/OR TREVEON GLASS AND/OR JACOBI MILLS AND/OR 14 ADRIAN DAVIS AND/OR FREDRICK GIVENS AND/OR DONTAVIUS WITHERS for compensatory damages, costs, interest as allowed by law, and for such other relief as this Court deems just and proper. COUNTS Xl, XIV, XV, XVI, XVII, XVI, XIX, XX INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS — DEFENDANTS JAMELL DEMONS AND/OR CORTLEN HENRY AND/OR JAMESON FRANCOIS AND/OR TREVEON GLASS AND/OR JACOBI MILLS AND/OR ADRIAN DAVIS AND/OR FREDRICK GIVENS AND/OR DONTAVIUS WITHERS Plaintiff re-alleges Paragraphs 1 through 44 as if set forth fully herein and further alleges: 62. Affer CHRISTOPHER THOMAS, JR. was shot, Defendants JAMELL DEMONS AND/OR CORTLEN HENRY AND/OR JAMESON FRANCOIS AND/OR TREVEON GLASS AND/OR JACOBI MILLS AND/OR ADRIAN DAVIS AND/OR FREDRICK GIVENS AND/OR DONTAVIUS WITHERS each conspired with Defendant JAMELL DEMONS fo falsify the frue facts of what happened to CHRISTOPHER THOMAS, JR. These false accounts were given to law enforcement in an attempt to hinder prosecution or otherwise effectuate the escape of Defendant JAMELL DEMONS and others. 63. Defendants each knew, or should have known that giving false information fo police would not only hinder the prosecution of the person ultimately responsible for CHRISTOPHER THOMAS, JR.'s death, but would also cause serious emotional harm fo the family of CHRISTOPHER THOMAS, JR., including his mother, Plainiff LEONDRA PHILLIPS. Said false statements were 1s made in reckless disregard for the emotional harm which is certain fo result from said actions. 4. Said actions and false accounts given by Defendants were utterly intolerable in a civiized society and were extreme and outrageous. 65. Said extreme and outrageous conduct by Defendants caused Plaintiff, LEONDRA PHILUPS, as Personal Representative of the ESTATE of CHRISTOPHER THOMAS, JR., fo experience extreme emotional frauma and other emotional harms as the investigation of her son's death was thwarted and delayed. Said emotional frauma and damages were proximately caused by Defendants’ actions. WHEREFORE, Plaintiff, LEONDRA PHILLIPS, individually and as Personal Representative of the ESTATE of CHRISTOPHER THOMAS, JR.. demands judgment against Defendants JAMELL DEMONS AND/OR CORTLEN HENRY AND/OR JAMESON FRANCOIS AND/OR TREVEON GLASS AND/OR JACOBI MILLS AND/OR ADRIAN DAVIS AND/OR FREDRICK GIVENS AND/OR DONTAVIUS WITHERS for compensatory damages, costs, interest as allowed by law, and for such other relief as this Court deems just and proper. COUNT XXI WRONGFUL DEATH — NEGLIGENT PROVISION OF A FIREARM TO DEFENDANTS JAMELL DEMONS AND CORTLEN HENRY BY UNKNOWN DEFENDANT, JOHN JOE Plaintiff re-alleges Paragraphs 1 fhrough 44 as if set forth fully herein and further alleges: 16 66. A search of the criminal history of JAMELL DEMONS and CORTLEN HENRY reveals several prior arrests involving firearms: (a) Vero Beach police amested JAMELL DEMONS in late 2015 when police said he fired a gun af a group of people during a dispute near Vero Beach High School, where the then-16-year-old was a freshman. (b) Af 17, CORTLEN HENRY was charged with fleeing from deputies who attempted a fraffic stop near the Indian River Mall. He was tackled after hopping out of his vehicle and fleeing on foot, July 2016 arrest records show. (c) In January 2017, JAMELL DEMONS was arrested on weapons charges after a traffic stop. Deputies reported finding a loaded 9 mm pistol with a laser attachment beneath Demons feet and a .40-caliber Glock with an extended magazine in the glove compartment. (d) Florida State troopers amesfed JAMELL DEMONS and CORTLEN HENRY in June 2018 after finding three Glock handguns and large containers filed with marijuana in an SUV south of Fort Myers (e) In January, JAMELL DEMONS pleaded no contest fo possession of marijuana and drug paraphernalia and was given a 25-day jail sentence. 1” 67. Addifionally, JAMELL DEMONS had a pattem and practice of glorifying murder in audio and video means. 68. Based on these issues, it was negligence, and beyond, fo provide and not prevent JAMELL DEMONS from possessing a firearm. 69. Based upon information and belief, Defendant JOHN DOE. knew that JAMELL DEMONS and CORTLEN HENRY should not be in possession of a frearm. Despite this knowledge, Defendant JOHN DOE provided JAMELL DEMONS and/or CORTLEN HENRY with the subject firearm, which was ultimately Used fo execute CHRISTOPHER THOMAS JR. 70. As a direct and proximate result of the foregoing conduct of Defendant JOHN DOE, CHRISTOPHER THOMAS, JR. sustained injuries that resulted in his death. As a result of his death, fhe ESTATE of CHRISTOPHER THOMAS, JR. has suffered damages including medical and funeral expenses that have become a charge against his Estate or were paid by or on behalf of the decedent. Further, as a direct and proximate result of the aforementioned conduct of the Defendants and death of CHRISTOPHER THOMAS, JR. fhe Estate has lost its prospective net accumulations that might have reasonably been expected but for the wrongful death, reduced to present value. The Estate and survivors are also entitled fo all other damages as allowed by 768.21, Florida Statutes. WHEREFORE, Plaintiff, LEONDRA PHILLIPS, individually and as Personal Representative of the ESTATE of CHRISTOPHER THOMAS, JR.. demands judgment 18 against Defendant JOHN DOE for compensatory damages, costs, interest as allowed by law, and for such other relief as this Court deems just and proper. COUNT XXII NEGLIGENT OPERATION OF A MOTOR VEHICLE AGAINST CORTLEN HENRY Plaintiff re-clleges Paragraphs 1 through 44 as if set forth fully herein and further alleges: 71. Based upon information and belief, and at all material times, CORTLEN HENRY operated fhe subject Jeep Compass. 72 As the operator of the subject Jeep, CORTLEN HENRY owed a duty fo CHRISTOPHER THOMAS JR. and others, to operate fhe Jeep as a reasonably prudent person under the circumstances. 73. Defendant CORTLEN HENRY breached his duly fo operate the subject Jeep as a reasonably prudent person would have under the circumstances. Defendant CORTLEN HENRY failed to transport CHRISTOPHER THOMAS, JR. and Anthony Williams directly to the hospital following the shooting. 74. Defendant CORTLEN HENRY falled in his duty fo operate the motor vehicle as a reasonably prudent person under fhe circumstances when he assisted JAMELL DEMONS in exifing the vehicle at a different location following the shooting and prior to transporting CHRISTOPHER THOMAS JR. and Anthony Wiliams to Miramar Hospital. 75. As a direct and proximate result of the foregoing conduct of Defendant CORTLEN HENRY, CHRISTOPHER THOMAS, JR. sustained injuries that resulted in his death. As a result of his death, the ESTATE of CHRISTOPHER 19 THOMAS, JR. has suffered damages including medical and funeral expenses that have become a charge against his Estate or were paid by or on behalf of the decedent. Further, as a direct and proximate result of the aforementioned conduct of the Defendants and death of CHRISTOPHER THOMAS, JR. fhe Estate has lost its prospective net accumulations that might have reasonably been expected but for the wrongful death, reduced to present value. The Estate and survivors are also entitled fo all other damages as allowed by 768.21, Florida Statutes. WHEREFORE, Plaintiff, LEONDRA PHILLIPS, individually and as Personal Representative of the ESTATE of CHRISTOPHER THOMAS, JR., demands judgment against Defendant CORTLEN HENRY for compensatory damages, costs, interest as allowed by law, and for such other relief as this Court deems just and proper. COUNT XXill NEGLIGENT ENTRUSTMENT OF A MOTOR VEHICLE AGAINST JAMESON FRANSCOIS /AND/OR 100K MANAGEMENT, LLC Plaintiff incorporates paragraphs 1 through 44 as through fully stated herein. 76. Based upon information and belief, JAMESON FRANSCOIS and/or 100K MANAGEMENT, LLC rented the subject JEEP Compass. 77. JAMES FRANSCOIS and/or 100K MANAGEMENT, LLC, negligently entrusted possession of the renfed JEEP Compass fo CORTLEN HENRY and JAMELL DEMONS 20 78. Based upon information and belief, JAMESON FRANSCOIS and/or 100K MANAGEMENT was the falent management company for Defendant JAMELL DEMONS. Based upon this management relationship, JAMESON FRANSCOIS and/or 100K MANAGEMENT reasonably should have known that JAMELL DEMONS is regularly in possession of a firearm. In addition, JAMESON FRANSCOIS and/or 100K MANAGEMENT reasonably should have known of JAMELL DEMONS prior criminal history involving handguns. 79. For example, JAMESON FRANSCOIS and/or 100K MANAGEMENT, INC. knew or should have known that in January 2017, JAMELL DEMONS was amested on weapons charges after a fraffic sfop. Deputies reported finding a loaded 9 mm pistol with a laser attachment beneath JAMELL DEMONS’ feet and a .40-caliber Glock with an extended magazine in the glove compartment. In addition, Florida State troopers arrested JAMELL DEMONS and CORTLEN HENRY in June 2018 after finding three Glock handguns and large containers filed with marijuana in an SUV south of Fort Myers. 80. JAMESON FRANSCOIS and/or 100K MANAGEMENT, INC. either knew or should have known that JAMELL DEMONS and CORTLEN HENRY have a history of commiting gun crimes while traveling in automobiles on Florida roads. JAMESON FRANSCOIS also should have known that both JAMELL DEMONS and CORTLEN HENRY were prohibited from possessing a firearm as a consequence of their prior felony convictions. 21 81. Despite fhis knowledge, Defendant JAMESON FRANSCOIS and/or 100K MANAGEMENT, INC. negligently entrusted the rented JEEP Compass fo CORTLEN HENRY andl JAMELL DEMONS. 82. While traveling in fhe enfrusted JEEP Compass, Defendant JAMELL DEMONS shot CHRISTOPHER THOMAS, JR. and Antonio Wiliams with a handgun from within the vehicle. 83. As a direct and proximate result of the foregoing conduct of Defendant JAMESON FRANSCOIS and/or 100K MANAGEMENT, INC., CHRISTOPHER THOMAS, JR. sustained injuries that resulted in his death. As a result of his death, fhe ESTATE of CHRISTOPHER THOMAS, JR. has suffered damages including medical and funeral expenses that have become a charge against his Estate or were paid by or on behalf of the decedent. Further, as a direct and proximate result of the aforementioned conduct of the Defendants and death of CHRISTOPHER THOMAS, JR. the Estate has lost its prospective net accumulations that might have reasonably been expected but for the wrongful death, reduced fo present value. The Estate and survivors are also enfifled fo all other damages as allowed by 768.21, Florida Statutes. WHEREFORE, Plaintiff, LEONDRA PHILLIPS, individually and as Personal Representative of the ESTATE of CHRISTOPHER THOMAS, JR., demands judgment against Defendant CORTLEN HENRY for compensatory damages, costs, interest as allowed by law, and for such other relief as fhis Court deems just and proper. 2 DEMAND FOR JURY TRIAL Plaintiff hereby demands a trial by jury for all issues so friable. Dated this 23+ day of October, 2020. Law Office of Phillips & Hunt £s/ John M. Philips JOHN M. PHILLIPS, ESQUIRE Florida Bar Number 0477575 212N Laura Sireet Jacksonville, FL 32202 Telephone: (904)444-4444 Fax: (904)508-0683 Aftomeys for Plainfiff [email protected] [email protected] 23