SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NASSAU
-------------------------------------------------------------------X
ROBERT FRANCE,
Index No.:
Plaintiff,
Date Purchased:
SUMMONS
-against-

MAJOR ENERGY SERVICES LLC,

MAJOR ENERGY ELECTRIC SERVICES LLC,
11011.
DEREK GAINES and MELISSA GASKIN,
Defendants.
-----------------------------------------------------------------X

Plaintiff designates:
Nassau County for Trial.
Venue is based on Plaintiffs
residence: 400 Marguerite Avenue,
South Floral Park, New York,

TO THE ABOVE NAMED DEFENDANT(S).

YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve
a copy of your Answer, or if the Complaint is not served with this Summons, to serve a Notice of
Appearance, on the Plaintiffs Attorneys within twenty (20) days after the service of this
Summons, exclusive of the date of service (or within thirty (30) days after the service is
complete if this Summons is not personally delivered to you within the State of New York); and
in case of your failure to appear or answer, judgment will be taken against you by default for the
relief demanded in the Complaint.
Dated: Hollis, New York
February 24, 2010
Yours, etc.

THE LAW OFFICE OF REN MYATT

Attorney for Plaintiff
ROBERT FRANCE
204-04 Hillside Avenue, 2nd Floor
Hollis, New York 11423
(718) 468-3588
DEFENDANTS ADDRESSES:
MAJOR ENERGY SERVICES LLC
16 Squadron Blvd.
Suite 104
New City, New York 10956
1

MAJOR ENERGY ELECTRIC SERVICES LLC

16 Squadron Blvd.
Suite 104
New City, New York 10956
DEREK GAINES
Inmate No.: 1606194H
Nassau County Correctional Facility
100 Carmen Avenue
East Meadow, New York 11550
MELISSA GASKIN
737 Westminster Road
Brooklyn, New York 11230

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NASSAU
-------------------------------------------------------------------X
ROBERT FRANCE,
Index No.:
Plaintiff,
VERIFIED COMPLAINT
-againstMAJOR ENERGY SERVICES LLC,
MAJOR ENERGY ELECTRIC SERVICES LLC,
DEREK GAINES and MELISSA GASKIN,
Defendants.
-----------------------------------------------------------------X
Plaintiff, by his attorney(s), THE LAW OFFICE OF REN MYATT, as and for their
Verified Complaint, alleges as follows:
THE PARTIES
1. Plaintiff ROBERT FRANCE (FRANCE") is a natural person and resident of 400
Marguerite Avenue, South Floral Park, New York.
2. Defendant, DEREK GAINES ("GAINES"), is a natural person and currently an inmate
at Nassau County Correctional Facility, 100 Carmen Avenue, East Meadow, New York
11550.
3. Defendant, MELISSA GASKIN ("GASKIN "), is a natural person and resident of
Westminster Road, Brooklyn, New York 11230.
4. Defendants, MAJOR ENERGY SERVICES LLC and MAJOR ENERGY
ELECTRIC SERVICES LLC ("MAJOR ENERGY"), are a domestic limited liability
companies carrying on business at 16 Squadron Blvd., New City, New York 10956.

JURISDICTION AND VENUE

5.

Venue is set in Nassau County where the plaintiff resides and where the criminal act, the
predicate of this action occurred, pursuant to the Civil Practice Law and Rules (CPLR)
213-b.

6. This Court has original personal jurisdiction over this matter, exclusive of interest and
costs.
FACTS
7. Plaintiff ROBERT FRANCE, a bus operator for the New York City Transit Authority
was the victim of a criminal offence perpetrated by defendants - DEREK GAINES and
MELISSA GASKIN- on August 10, 2009, in Nassau County, New York.
8. On August 10, 2009, Robert France responded to a telephone call from Melissa Gaskin,
his former girlfriend, requesting to come to his home to pick up a cell phone delivered by
T-Mobile to his home. He suggested forwarding the cell phone to her but she insisted on
picking the phone up personally from his home.
9. On August 8, 2010, Derek Gaines and Melissa Gaskin were known to be employees of
MAJOR ENERGY.
10. On August 10, 2009, at about 10:30 p.m., Derek Gaines dressed in his Major Energy
uniform (a grey polo shirt with the company's insignia) and GASKIN, with Major
Energy's identification badge, drove in a Major Energy company van to Mr. Frances
home at 400 Marguerite Avenue, South Floral Park, New York.
11. Mr. France gave Ms. Gaskin the cell phone and they spoke briefly. Seeing a man, who he
later learned was Mr. Gaines in the driver's seat of the company van and wearing the
company's uniform, Mr. France went towards the company van to ask the driver a

question. As Mr. France came towards the van, Mr. Gaines, without saying a word and
without provocation, stepped out of the driver's side of the company van with a firearm in
his hand and fired multiple shots at point blank range at Mr. France. As Mr. France
turned to run away from the shooter, Mr. Gaines shot him in the back.
12. Mr. France fell injured to the ground, with blood coming from his body wounds.
13. Mr. Gaines told Ms. Gaskin to get in the van, which she did, leaving Mr. France bleeding
on the sidewalk with gunshot wounds to his lower back and right calf.
AS AND FOR A FIRST CAUSE OF ACTION - RECKLESSNESS
14. Plaintiff repeats and reiterates each and every allegation contained in the foregoing
paragraphs 1 through 13.
15.

That on or about August 10, 2009, defendants GAINES and GASKIN assaulted the
plaintiff in the first degree by intentionally causing serious physical injury to him by
means of a deadly weapon, to wit: a handgun, in violation of 120.10 of New York's
Penal Law ("PL").

16. That defendants GAINES and GASKIN, with intent to disfigure the plaintiff seriously
and permanently, or to destroy, amputate or disable permanently a member or organ of
his body, caused such injury to the plaintiff.
17. That under circumstances evincing a depraved indifference to human life, defendants
GAINES and GASKIN, recklessly engaged in conduct which created a grave risk of
death to the plaintiff, and thereby caused serious physical injury to him.
18.

That both GAINES and GASKIN have recently been arrested five (5) months from the
shooting (after being on the run from the law) and have been charged with the criminal
offence of assault in the first degree under the PL 120.10, supra.
5

AS AND FOR A SECOND CAUSE OF ACTION INTENTIONAL INFLICTION

OF EMOTIONAL DISTRESS
19. Plaintiff repeats and reiterates each and every allegation contained in the foregoing
paragraphs 1 through 18.
20. The defendant GAINES assaulted Mr. FRANCE by intentionally placing Mr. France in
apprehension of imminent harmful or offensive contact.
21. The defendant GAINES is liable for assaulting Mr. FRANCE when he intentionally
caused Mr. FRANCE to become concerned that defendant GAINES was about to cause
harmful or offensive or bodily contact.
22. The defendant GAINES had the real or apparent ability to bring about this harmful or
offensive bodily contact as defendant GAINES was in possession of a loaded firearm,
pointed said firearm at Mr. FRANCE and began shooting.
23. The defendant GAINES taking aim and then shooting Mr. FRANCE was sufficient for
Mr. FRANCE to believe that a harmful or offensive bodily contact was about to occur.
24. Defendant GAINES acted intentionally when he voluntarily acted with a desire to bring
about the result of shooting Mr. FRANCE.
25. Moreover, even if defendant GAINES had no desire to bring about the result, he did the
act knowing, with substantial certainty that the result will follow.
26. Furthermore, defendant GAINES was reckless when the act of shooting Mr. FRANCE
was an utter disregard of the consequences that may follow.
AS AND FOR A THIRD CAUSE OF ACTION - PERSONAL INJURY,
CONSCIOUS PAIN and SUFFERING
27. Plaintiff repeats and reiterates each and every allegation contained in the foregoing
paragraphs 1 through 26.
6

28. As a result of the multiple gunshots, Mr. FRANCE sustained serious personal injuries,
underwent emergency surgery and currently has a bullet lodged in his stomach. Medical
opinion has concluded that the lodged bullet is best left alone (still leaking harmful
substances into the plaintiff's bloodstream) to avoid more serious complications to his
health.
29. As a result of his serious injuries, plaintiff is experiencing severe pain and suffering
especially in his stomach area where the bullet lodged.

AS AND FOR A FOURTH CAUSE OF ACTION- ECONOMIC LOSS

30. Plaintiff repeats and reiterates each and every allegation contained in the foregoing
paragraphs 1 through 29.
31. Due to his severe injuries, Plaintiff, a bus operator for the New York Transit Authority
was hospitalized for four to five days and unable to work for three weeks.
32. That consequent upon his hospitalization and inability to work due to his serious personal
injuries, plaintiff suffered economic loss including but not limited to out-of-pocket
medical expenses and lost wages.
AS AND FOR A FIFTH CAUSE OF ACTION - NEGLIGENT HIRING,
RETENTION OR SUPERVISION
33. Plaintiff repeats and reiterates each and every allegation contained in the foregoing
paragraphs 1 through 32.
34. That defendant - MAJOR ENERGY was negligent in hiring co-defendant GAINES and
GASKIN as employees, when it knew and/or should have known that GAINES and

GASKIN had a criminal history, prior arrests and/or convictions, vicious propensities,
had it conducted an adequate hiring procedure and background checks.
35. That MAJOR ENERGY failed in its duty to exercise due/reasonable care in the
employment, training and supervision of GAINES and GASKIN, to find out whether they
were competent to do their work without danger of harm to others, as its servants and
agents, given that GAINES's and GASKIN's particular duties and responsibilities
involved entering the homes of the general public to sell the services of defendant
MAJOR ENERGY.
36. That MAJOR ENERGY was negligent in retaining GAINES and GASKIN when it
acquired or should have acquired actual or constructive knowledge of GAINES and
GASKIN's criminal history, criminal and vicious propensities.
37. Defendant MAJOR ENERGY failed in its duty and is liable for the harm to Mr.
FRANCE in that a reasonably prudent person would have foreseen in the absence of a
background check, the likelihood of injury to the general public, including Mr. FRANCE,
by employees, in this instance defendant GAINES, who were carrying a loaded firearm.
AS AND FOR A SIXTH CAUSE OF ACTION - VICARIOUS RESPONSIBILITY
38. Plaintiff repeats and reiterates each and every allegation contained in the foregoing
paragraphs 1 through 37.
39. That MAJOR ENERGY acting through its agents or employees is liable for the harm
suffered by the plaintiff at the hand of its employees - GAINES and GASKIN, under the
doctrine of respondeat superior.
40. That MAJOR ENERGY's aforesaid negligence ties it to the actions of its employees - codefendants GAINES and GASKIN who were both using MAJOR ENERGYs van,
8

dressed in company uniform and wearing company identification at the time of the
criminal assault on the plaintiff. The company is deemed constructively present at the
crime scene when the plaintiff was shot by defendant GAINES and both GAINES and
GASKIN fled the scene in MAJOR ENERGYs van.
41. Pursuant to CPLR 3017 (c), the amount of damages sought - FOUR HUNDRED AND
FIFTY THOUSAND ($450,000.00) DOLLARS, exceeds the jurisdictional limits of all
lower courts which would otherwise have jurisdiction.
WHEREFORE, Plaintiff FRANCE demands judgment as against defendants
MAJOR ENERGY, GAINES and GASKIN, in the sum to be determined by the
honorable Court as reasonable and just compensation.
Dated: Hollis, New York
February 24, 2010
Yours etc.,

_______________________________________

THE LAW OFFICE OF REN MYATT

Attorney for Plaintiff
ROBERT FRANCE
204-04 Hillside Avenue, 2nd Floor
Hollis, New York 11423
(718) 468-3588
To:
MAJOR ENERGY SERVICES LLC
16 Squadron Blvd.
Suite 104
New City, New York 10956
MAJOR ENERGY ELECTRIC SERVICES LLC
16 Squadron Blvd.
Suite 104
New City, New York 10956
DEREK GAINES
Inmate No.: 1606194H
Nassau County Correctional Facility
9

100 Carmen Avenue

East Meadow, New York 11550
MELISSA GASKIN
737 Westminster Road
Brooklyn, New York 11230

10

ATTORNEY'S VERIFICATION
STATE OF NEW YORK)
COUNTY OF QUEENS ) ss.:
REN MYATT, ESQ., an attorney-at-law duly admitted to practice before the Courts of
the State of New York, hereby affirms the following to be true under penalties of perjury:
I am associated with THE LAW OFFICE OF REN MYATT, the attorney of record for
the Plaintiff, ROBERT FRANCE.
I have read the annexed COMPLAINT and know the contents thereof, and the same are
true based upon information and belief. My belief, as to those matters herein not stated upon
knowledge, is based on facts, records, and other pertinent information contained in the client
files kept by The Law Office of Ren Myatt.
I make this verification instead of the plaintiffs because the plaintiffs reside at the address
indicated below:
400 Marguerite Avenue
South Floral Park, New York, 11011
which is outside of the County where your affiants office is located.
Dated: Hollis, New York
February 24, 2010

___________________________
REN MYATT, ESQ.

11

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NASSAU
Index No.:
=====================================================================
ROBERT FRANCE,
Plaintiff,
-againstMAJOR ENERGY SERVICES LLC,
MAJOR ENERGY ELECTRIC SERVICES LLC,
DEREK GAINES and MELISSA GASKIN,
Defendants.
=====================================================================
SUMMONS AND VERIFIED COMPLAINT
=====================================================================
THE LAW OFFICE OF REN MYATT
204-04 HILLSIDE AVENUE 2ND FLOOR
HOLLIS, NEW YORK 11423
PHONE: (718) 468-3588
FAX: (718) 468-5731
=====================================================================
Pursuant to 22 NYCRR 130-1.1-a, the undersigned, an attorney admitted to practice in the courts of New York
State, certified that upon information and belief and reasonable inquiry, (1) the contentions contained in the annexed
document are not frivolous and that (2) if the annexed document is an initiating pleading, (i) the matter was not
obtained through illegal conduct, or that if it was, the attorney or other persons responsible for the illegal conduct are
not participating in the matter or sharing in any fee earned there from and that (ii) if the matter involves potential
claims for personal injury or wrongful death, the matter was not obtained in violation of 22 NYCRR 1200.41-a.
Dated: ____________________________________
Hollis, New York
Signature: ___________________________________
Print Signers Name: REN MYATT, ESQ.

12