Verified Complaint-Jury Demanded

Case 0:16-cv-62881-RNS Document 1 Entered on FLSD Docket 12/07/2016 Page 1 of 36
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA
TERENCE O. HUENEFELD and

PAULA HUENEFELD,
Plaintiffs,
CASE NO.:
vs.
NATIONAL BEVERAGE CORP.,

A Delaware Corporation, and
NICHOLAS A. CAPORELLA,
Defendants.
____________________________/
VERIFIED COMPLAINT- JURY DEMANDED
Plaintiffs, TERENCE O. HUENEFELD (TERRY) and PAULA HUENEFELD
(Paula), his wife, sue the Defendants, NATIONAL BEVERAGE CORP. and
NICHOLAS A. CAPORELLA, and pursuant to Title VII, 42 USC 2000e, et seq., Florida
Statutes 448.101, et seq., 760.10, et seq., and for damages in excess of $75,000,
and alleges as follows:
1. Jurisdiction is conferred on the Court by 28 U.S.C.1331 and 1332.
2. The Defendant, NATIONAL BEVERAGE CORP. (NBC), is a Delaware
corporation with its principal executive offices at 8100 SW Tenth Street, Suite
4000, Fort Lauderdale, Broward County, Florida. NBC employees 1,200
employees.
3. Defendant, NICHOLAS A. CAPORELLA, (NICK) resides in Broward County,
Florida and is Chairman of the Board and Chief Executive Officer of NBC, a
publicly traded corporation.
4. At all times material hereto, NICK has held and presently holds a US Federal
Huenefeld v NBC Complaint

Lee H. Schillinger, P.A.5701 Sheridan Street, Hollywood, FL 33021954-981-8383 Page 1
Aviation Agency Airmans Certificate license as a Commercial Pilot authorized to
fly turbine powered aircraft, and is experienced at flying the Falcon 2000 EX
aircraft, N1NC, which is partly owned by Broad River Aviation, Inc., a North
Carolina corporation, believed to be ultimately owned and controlled by NICK,
and made available to NBC for private and company related flights, for which
NBC pays NICKs companies.
5. Plaintiff, TERENCE O. HUENEFELD (TERRY) is a resident of Miami-Dade
County, Florida, and at all times material hereto has held and presently holds a
US Federal Aviation Agency Airmans Certificate license as a Commercial Pilot
authorized to fly airplanes and jets. TERRY is presently rated as an Airline
Transport Pilot (ATP), the highest level of certification and TERRY Has a Captain
Type rating (PIC) on the Learjet 60 and holds Second in Command Ratings (SIC)
on other Learjets, Hawkers, Gulfstreams, Westinds, and a Falcon 50.
6. Plaintiff, PAULA HUENEFELD, is a resident of Miami-Dade County, Florida and
at all times material hereto has been and is the wife of TERRY.
7. Venue is proper in this Court because the event of termination of employment
which gives rise to this suit occurred in Fort Lauderdale, Broward County,
Florida, and the principal office of the Defendants is in Broward County, Florida.
Other events which give rise to claims for damages occurred both in Broward
County, Florida or in various other states and locations within the continental
United States.
8. Prior to the events involved in this lawsuit, and previous to February, 2016,

Huenefeld flew jets for several unrelated companies and was earning a gross
income of approximately $150,000 a year.
9. In or about January, 2016, TERRY was interviewed by NBC for the position of
Second in Command (SIC) of the N1NC to be flown, with NICK as Captain, on
behalf of NBC or NICKs private business. TERRY was advised by Brent Bott,
NBC Executive Director-Consumer Marketing, and NICK, that he would be
employed by NBC and that NBC would pay for TERRY to be sent for formal
training for his SIC rating on the Falcon 2000.
10. TERRY initially agreed to be employed by NBC, but then had second thoughts
and he so informed his three previous employers he would return to them.
11. After further meetings, NICK orally agreed with TERRY that if Plaintiff gave up
his three other jobs, TERRY would be paid $150,000 for the year by NBC, and
his family would be provided, for the next year, all the employee benefits to which
NBC employees were entitled, like eye care, dental, life insurance, and short
term disability, and all other emoluments of NBC employees. Flight expenses
were promised to be reimbursed by NBC.
12. NICK further enticed TERRY to give up his three then existing jobs by NICKs
assurances that NICK intended to retire from his piloting position and that
TERRY would eventually become the captain of the N1NC aircraft, and no matter
what happened TERRY would receive at least one years worth of salary if the
position was ever eliminated.
13. In reliance upon NICKs assurances and promises, TERRY permanently

resigned from and gave up his three previous jobs (for a second and final time).
14. TERRY was provided all the indicia of an employee of NBC, including distribution
of the NBC Employee handouts, manuals, etc., a United Health Care NBC
employee health care card for TERRY, PAULA, and their children, and regular
pay checks from NBC.
F.A.A. Regulations Regarding Pilot Certification
15. Applicable law and F.A.A. regulations regarding International flights required two
(2) pilots to both be appropriately rated on the aircraft. The PIC must hold a PIC
Type rating in the aircraft and the SIC hold at minimum an SIC rating in the
aircraft. NICK was current on the Falcon 2000 and sufficiently licensed to fly
internationally, Vince was not current and, therefore, not sufficiently licensed.
16. NICK and Vince had both informed TERRY that both NICK and Vince were
current on the Falcon 2000. TERRY discovered around early June, 2016, that
Vince, in fact, was not current and the statements by NICK, Vince and NBC were
false at the time they were made, which NICK and Vince knew or should have
known, and for which NBC is vicariously liable for its CEO, NICK.
17. TERRY also realized that, despite the initial promises to send him for formal
training for his SIC rating on the Falcon 2000, that NBC, and NICK, had in fact
had no such intention to do so at the time they made the false promises, and that
NICK and NBC affirmatively made that false and misleading promise, with
knowledge that it was false, based in part upon which TERRY was induced to
give up his three (3) other jobs, to become an employee of NBC, to support his

family.
18. NICK and his son Vince Caporella (Vince), who also flies on the N1NC, are
licensed only as commercial pilot and neither of them hold an Airline Transport
Pilot certificate or instructors license required to train others on the Falcon 2000
EX and to sign the airmans certification for such training.
19. NICK is the only pilot who was flying the N1NC Falcon 2000 EX aircraft after
February, 2016 who had a current license which qualified him to fly outside the
territorial limits of the United States.
20. NICK and NBC, through Brent Bott, knew, or reasonably should have known, at
the time that they made the misrepresentation and false promise to send TERRY
for formal training, that (1) neither NICK nor Vince had the necessary ATP rating
to be able to train Plaintiff sufficiently to entitle TERRY to obtain the necessary
airman certification on the Falcon 2000; (2) that NICK and NBC had an
affirmative intention at the time of its false representation to not send TERRY to a
formal training facility for purposes of obtaining certification on the Falcon 2000.
21. NICK flew the N1NC aircraft internationally, with TERRY as SIC, on February 12,
2016.
22. TERRY had previously requested that he be sent for formal training to update his
license to permit flying internationally. Although NICK and NBC had purported to
agree in order to induce TERRY to resign his previous three (3) jobs and to take
the job offered by NBC, NICK subsequently refused to send TERRY for formal
training to receive his SIC.

23. Instead, NICK, with the knowledge and consent of NBC, continued to fly the
N1NC, both within the continental United States and internationally, ignoring that
he was flying internationally without a second properly licensed pilot for
international flight.
24. Although Vince holds a commercial pilots license, he has such little experience
that he did not want to fly solo an airplane he had bought and wanted flown to
South Florida. Accordingly, Vince requested TERRY, who was sufficiently
experienced and licensed, to fly Vinces aircraft solo, which Plaintiff did.
25. Notwithstanding the lack of a second pilot with international commercial pilot
certification, NICK insisted on flying the N1NC Falcon 2000 EX aircraft on
international flights as follows:
a. 2/12/16 Orlando, FL to Cabo, Mexico

b. 2/24/16 Cabo, Mexico to Oakland, CA
c. 3/31/16 Oakland, CA to Cabo, Mexico
d. 4/13/16 Cabo, Mexico to Oakland, CA
e. 5/02/16 Ft. Lauderdale, FL to Cabo, Mexico
f. 5/10/16 Cabo, Mexico to Oakland, CA
g. 5/20/16 Ft. Lauderdale, FL to St. Johns, Newfoundland
h. 5/22/16 St. Johns, Newfoundland to Geneva, Switzerland
i. 5/29/16 Geneva, Switzerland and Dublin, Ireland
j. 6/02/16 Dublin, Ireland return to Portsmouth, NH
k. 6/24/16 Ft. Lauderdale, FL to Cabo, Mexico
l. 6/28/16 Cabo, Mexico to Oakland, CA
26. Upon information and belief, the international trips were not related to business of
NBC, other than that NBC paid the expenses for NICKs use of the N1NC, cost
and travel expenses of employees, including Plaintiff, Vince, Brent Bott, and
Margie Madden, all at the expense of NBC, for NICKs personal gain, reportable

to the U.S. Internal Revenue Code, which additional income to the CEO and
Chairman of the Board, and ultimate costs to NBCs shareholders, apparently are
not reflected in the corporations 10Q report, which are subject to U.S. Securities
and Exchange Regulations.
False Record to Cover Up Abuses
27. After Plaintiffs first flight as SIC of the N1NC, Vince informed Plaintiff that NICK
needed, and TERRY was required after each and every flight to praise NICK by
sending him text messages complementing NICK for almost every action he took
on the aircraft and advising NICK on the wonderful flight and stating how
wonderful NICK was as captain and pilot, notwithstanding that the text
messages were not true.
28. TERRY was advised of the required false praise and false compliments by Vince,
Brent Bott, NBC Executive Director-Consumer Marketing, and NICK himself.
29. Vince and Brent Bott occasionally reminded TERRY that NICK needed these text
messages and constant reassurance that he was wonderful, even though he was
not.
Hostile Work Environment, Abuse and Sexual Battery
30. On about the third flight, after NICK knew that TERRY had completely terminated
all ties with his three previous employers, NICK commenced verbally abusing
TERRY.
31. On or about March 11, 2016, in addition to the verbal abuse, NICK commenced
what became a repeated pattern of unprovoked and unwanted sexually oriented

touching, whereby NICK, with his right hand, would grab TERRYs left leg and
NICK would commence moving his hand up Plaintiffs left thigh, towards his
genitals.
32. The pattern of unwanted and unwarranted sexually indicative touching occurred
on March 11, 2016; March 28, 2016; March 31, 2016; April 13, 2016; April 16,
2016; May 2, 2016; May 10, 2016; May 14, 2016; May 20, 2016; May 22, 2016;
May 29, 2016; June 2, 2016; June 16, 2016; June 24, 2016; June 28, 2016; July
1, 2016; July 5, 2016, and on July 11, 2016.
33. Initially, Plaintiff complained to Vince, who told Plaintiff that this was normal
behavior for NICK and if TERRY wanted to keep receiving his salary, he must
allow and put up with it.
34. TERRY asked both Vince and Brent Bott who in HR of NBC he could contact.
TERRY was told by both Vince and Brent Bott that he should not contact H.R.,
that he would be fired if he contacted H.R., and that they would handle his
complaints.
35. Almost each flight brought additional oral abuse by NICK, mostly after NICK
made some mistake, respectfully and politely brought to his attention by TERRY.
The verbal abuse was exacerbated by NICKs repeated unjustified, unwarranted
and uninvited grabbing, rubbing and groping of TERRYs leg in a sexual manner,
reaching up towards TERRYs sexual organs.
36. NICK required that he be told that the things he did as captain which might create
a danger were not his fault, and that everything NICK did was wonderful.

37. On or about June 28 or 29, 2016, while in Cabo, Plaintiff decided to and did
contact and retain legal counsel.
Malicious Assault and Battery
38. On or about July 5, 2016, on the flight to Traverse City, Michigan, NICK
appeared to be under a lot of pressure, which, according to Brent Bott, was due
to a meeting he had to attend. During the flight, a problem appeared to occur in
the manner in which NICK was handling the plane, which TERRY brought to
NICKs attention. Specifically, upon leaving Ft. Lauderdale, NICK turned the
aircraft the wrong way and busted altitude then started to complain about flight
control issues. TERRY questioned NICK and TERRY told NICK that if they had
flight control issues they needed to turn back and return to Ft. Lauderdale
Executive Airport and land immediately. NICK refused and continued the flight
up to 41000 feet, endangering everyone on board, if there were in fact the type of
flight control issues that NICK had indicated. While on approach into Traverse
City, Michigan, NICK again complained about flight control issues. TERRY
asked if NICK needed assistance. TERRYs action was met with excessive
verbal abuse, coupled with physical assault and battery thereafter.
39. When the plane landed in Traverse City, NICK appeared distracted and TERRY
had to tell him to get on the brakes and deploy the thrust reversers so that the
plane would not fly off the runway and crash. This made NICK even angrier and
he lashed out at TERRY.
40. When the plane landed at Traverse City, Michigan, NICK and TERRY got off the

plane and were standing on the tarmac, near the tail of the plane. During the
time that NICK was yelling at TERRY, TERRY broke eye contact with NICK while
NICK was telling TERRY how fucking stupid you are and you dont know what
the fuck was going on, and similar inappropriate, angry tirades. TERRY looked
away from NICK, at which time NICK, without provocation, maliciously and
intentionally grabbed TERRYs face and neck with one hand and slapped and hit
TERRY in the face with his other hand, causing TERRYs neck to twist.
41. TERRY reported the incident to the Traverse City police department and went to
the E.R. for treatment. His blood pressure was high, and TERRY was beat up.
42. TERRY contacted Vince and was told that he should talk to NICK and that he
should write an email or text message to NICK, to be delivered through the NBC
Secretary, Margie Madden, in accordance with NBC company protocol.
43. TERRY had a short telephone call with NICK, wherein NICK told him that in order
to retain his job he had to write a letter saying that things were all right, which, of
course, they were not. NICK also advised TERRY that NBC would be reducing
his salary by at least approximately one third, and the difference could be
considered a non-guaranteed possible bonus, to be unilaterally determined as
either earned or not earned by NICK sometime in the indeterminate future.
44. Essentially TERRY was told by Vince and Brent and NICK that TERRY had to
write a letter of apology, albeit TERRY was the victim of NICKs assault and
battery, in order to retain his job.
45. TERRY was already in the process of selling his home and buying another house

at the time he changed jobs from his three separate contracts to his new
employment by NBC. Additionally, he had a child and wife who each
respectively had developed some medical issues. Accordingly, TERRY felt
economically bound to try to economically protect his family the best he could,
under unbearable circumstance, to retain the position, albeit he would attempt to
resolve his disputes with the company.
46. TERRY was told to filter his written message through Brent Bott. Accordingly,
TERRY sent a written email to the NBC Executive, Bent Bott, on July 7, 2016, a
copy of which is attached hereto and incorporated herein by reference as Exhibit
A. Plaintiff complained in writing to NBCs Executive, Brent Bott, about (1) the
relentless mental/verbal abuse that occurs in the cockpit; (2) the assault and
battery on the ground in Traverse City; (3) the illegal operation of international
flights without the required SIC license of the pilots, as a result of the refusal of
NBC to provide the promised SIC formal training and certification program which
had been promised as a condition of TERRY agreeing to give up his former
contracts to become an employee of NBC, for the promised annual salary of
$150,000. TERRY reminded Brent Bott that he, TERRY, had even offered to
Bott to pay one half the cost of the formal training and SIC certification program,
but NICK refused.
47. TERRY wrote an email, had it reviewed and revised by Brent Bott, and sent it to
Margie Madden, the NBC corporate secretary. Brent Bott subsequently advised
TERRY that he would have made even more revisions, but that he heard that the

message from TERRY was well received by NICK.
48. TERRY telephoned Vince and Brent Bott several times, due to his anguish,
stress and pain from the assault and battery by NICK. Brent Bott informed
TERRY that although he would have written the letter a little differently, TERRYs
letter seemed to him to have been received favorably. Brent Bott informed
TERRY that NICK had been under a lot of pressure due to the meeting he had to
attend, that the meeting went well, and that NICK appeared to be in a good
mood.
49. TERRY informed Brent Bott that, as a result of the assault and battery he was
emotionally messed up, to which Brent responded that it happens to all of us
and told TERRY to take a hot shower.
50. On or about June 29, 2016, Plaintiff contacted legal counsel for advice, who, on
or about July 11, 2016, wrote a letter to NBC Human Resources
Director/General Counsel, in which Plaintiff, through the counsel, complained in
writing that NICK and NBC persisted in flying the N1NC aircraft outside the
territorial limits of the United States without the required number of duly licensed
pilots and beyond the limits that Plaintiffs license, at that time, allowed, and
beyond the limits of Vinces license, although two duly licensed pilots were
required.
51. Upon return to South Florida, TERRY was informed by Vince, Brent Bott and
NICK that NBC would retain him as SIC, but at a reduced salary, and TERRY
was also advised that he would be required to sign a document, which was being

prepared by NBCs counsel, Michael King.
52. TERRY was subsequently, on or about July 28, 2016, presented with an
OFFER between TERRY, as Employee, and NBC, allegedly to effectuate a fair
and amicable resolution to Employees current employment status with the
Company, which constituted a full release by TERRY of NICK and NBC, as a
condition of continued employment (at will) with benefits with the Company. The
Offer specified that it was not an employment agreement and any employment
beyond the date of the Offer would be only under the employment at-will
doctrine. The Offer specifically required a release of all claims contained in
Plaintiffs counsels letter dated July 11, 2006, and required confidentiality by
TERRY of his objections and claims from the assault and battery.
53. TERRY was told by the NBC corporate legal counsel that he would have to sign
the Offer, which TERRY took to review with his legal counsel.
54. TERRY notified NBC that he was willing to continue working as SIC for N1NC
assuming that the company supplied a new Captain for the aircraft, other than
NICK.
55. On July 29, 2016, TERRY was called into a meeting at the NBC offices, in Fort
Lauderdale, Florida, at around 6:30 p.m.. The meeting was attended by TERRY,
and on behalf of NBC by Joseph Caporella, NBC President, Michael King, NBC
legal counsel, with NICK on the conference telephone. NICK insulted TERRY
and denied that anything happened in Traverse City, Michigan, and denied that
he had any conversation with TERRY.

56. TERRY was asked again to sign the above described Offer, release, which
TERRY refused, upon which TERRY was informed that he was terminated. They
also told TERRY that he was terminated also for refusing to take the flight on the
Monday before, with NICK as Captain.
57. Plaintiff was clearly terminated for his having complained, in writing, about NBCs
violations of regulations and laws and about having been made a victim of
NICKs sexually based harassment and NICKs wrongful assault and battery of
TERRY.
58. TERRY subsequently learned from the health insurance provider that NBC had
terminated him and his family on July 25, 2016, the Monday before the July 29,
2016 meeting, before TERRY had been given the Offer Release, despite that
TERRY had paid his portion of the health insurance premium for the full month of
July.
59. NBC thereby left TERRY, TERRYs wife, PAULA, and their children, who were in
need of medical care, without insurance coverage as of July 25, 2016, and
without notice of cancellation of the health insurance, contrary to applicable law.
60. Plaintiff has been required to retain the services of the undersigned counsel and
he is obligated to pay him a reasonable fee for his services, and is entitled to
recover said fees under various statutory remedies, including Civil Rights Act of
1964 706(k) as amended, 42 U.S.C.2000e-5(k); Fla. Stat. 760.11 and Fla.
Stat. 448.104.
Conditions Precedent

61. Plaintiff has complied with all conditions precedent to the filing of this claim
required by 42 USC2000e-f(f)(3); to wit: a charge of discrimination, Case
No.:510-2016-04715 was filed by TERRY with the Equal Employment
Opportunity Commission with 300 days of the challenged unlawful employment
practices. The Plaintiff was issued a Notice of Right to Sue, dated September
30, 2016 and has filed this Complaint within ninety (90) days of the receipt
thereof.
COUNT I
VIOLATION OF TITLE VII
62. Plaintiff, TERRY, realleges and reavers each and every allegation of paragraphs
1 through 59.
63. NBC is a covered employer under Title VII.
64. TERRY is a covered employee of NBC under Title VII.
65. TERRY has exhausted his administrative remedies by timely filing a complaint
with the EEOC, and by receiving a Notice of Right to Sue on September 30, 2016
less than 90 days prior to the filing of his Title VII claims.
66. NBC is vicariously liable for the actions of NICK, who is the Chief Executive
Officer and Chairman of the Board of NBC.
67. TERRY has been damaged by the actions by NICK and NBC, of NICKs
frequently rubbing TERRYs leg in a sexual manner, rubbing his hand up
TERRYs thigh, reaching towards TERRYs genitals, constituting sexual
harassment of and discrimination against TERRY by reason of his sex, and the

violation of his rights under the Civil Rights Act of 1964, in contravention of 42
U.S.C.2000e-2(a)(1)and (b), has caused the Plaintiff severe emotional, physical
and pecuniary damages, loss of capacity for enjoyment of life, expenses of
medical care and treatment, loss of earnings and loss of the ability to earn
money. Such losses are either permanent or continuing and the Plaintiff will
continue to suffer such losses in the future.
68. TERRY requests compensatory and punitive damages, and all other relief that is
just and equitable, including costs and attorneys fees as provided by Title VII, 42
USC2000e, and 42USC1981A and 42 USC1988.
WHEREFORE, Plaintiff demands judgment against Defendants National
Beverage Corp. and NICK Caporella awarding Plaintiff back pay, pre-judgment
interest and damages for all employment benefits he would have received but for
the discriminatory acts and practices of Defendants; awarding Plaintiff
compensatory and punitive damages; awarding reasonable attorneys fees and
costs incurred in this action; and ordering any other relief this Court deems just
and proper.
PENDENT STATE CLAIMS

COUNT II
FLORIDA CIVIL RIGHTS ACT CLAIM
1 through 59 and 61 through 65.
70. The actions by NICK, of frequently rubbing TERRYs leg in a sexual manner,
rubbing his hand up TERRYs thigh, reaching towards TERRYs genitals,

constitutes sexual harassment of and discrimination against TERRY by reason of
his sex, and the violation of his rights under the Florida Civil Rights Act of 1992,
in contravention of Fla. Stat. 760.10(1)(a)and(b), have caused the Plaintiff
severe emotional, physical and pecuniary damages, loss of capacity for
enjoyment of life, expenses of medical and nursing care and treatment, loss of
earnings and loss of the ability to earn money. Such losses are either permanent
or continuing and the Plaintiff will continue to suffer such losses in the future.
71. TERRY has been damaged by NICK and NBC as a result of the violations as
alleged in this count, including emotional distress, mental anguish, economic
damages, and costs of protecting his legal rights.
72. TERRY requests all relief that is just and equitable, including costs and attorneys
fees as provided by Florida Statute 760.10, 760.11
WHEREFORE, Plaintiff demands judgment against Defendants National
Beverage Corp. and Nicholas A. Caporella awarding Plaintiff back pay, pre-
judgment interest and damages for all employment benefits he would have
received but for the discriminatory acts and practices of Defendants; awarding
Plaintiff compensatory and punitive damages; awarding reasonable attorneys
fees and costs incurred in this action; and ordering any other relief this Court
deems just and proper.
COUNT III
FLORIDA WHISTLEBLOWERS STATUTE
73. Plaintiff, TERRY, realleges and reavers each and every allegation of paragraphs 1
through 58.

74. This Court has jurisdiction pursuant to Florida Whistleblowers Statute, Florida
Statute 448.101, et seq..
75. Defendant NBC engaged in interstate commerce in Broward County, Florida and
elsewhere, and is an employer as defined in Florida Statute 448.101(3).
76. Plaintiff, a resident of Broward County, Florida, was an employee of the
Defendant, NBC, as defined in Florida Statute 448.101(2).
77. Plaintiff, and experienced, licensed commercial pilot, who is now rated ATP for
Lear Jets, and who had at all times material hereto been experienced in flying jet
aircraft, was employed by NBC to be the Second in Command, a pilot position
which required certain aircraft specific training instruction, which NBC had
promised to provide to TERRY, so that he could legally fly the N1NC Falcon
2000e over international airspace. TERRY also learned that NBC expected him
to perform land based services involving care, cleaning and preparation of the
N1NC aircraft before flights. Plaintiff did perform any and every job, including
preparation of the N1NC Falcon 2000e aircraft prior to any and all flights,
cleaning the said N1NC aircraft before and after each flight, loading NICKs golf
bags and other luggage, writing false text messages praising NICK constantly,
sitting in the SIC seat and providing NICK with all call outs and viewing his
handling of the take offs, landings and flights, and all other matters required of
Plaintiff, as a SIC, until he was terminated, by NBC and NICK from Plaintiffs
position, as described above, as a direct result of his having objected to, or
refused to participate in, any activity, policy, or practice of NBC and NICK which

is in violation of a law, rule or regulation, as described in placed into writing his
numerous previous complaints, as set forth in paragraphs 15 through 29 and 45
through 57, as more particularly described hereinabove.
78. As a result of Defendants illegal retaliatory conduct as specifically described in
paragraphs 15 through 29 and 45 through 57, above, TERRY has suffered, and
continues to suffer the loss of income and the value of fringe benefits he would
have received had his employment not been terminated by NBC. In addition, the
Plaintiff has suffered and continues to suffer from emotional distress, mental
anguish, humiliation, and the loss of the enjoyment of life.
Plaintiff demands judgment against Defendants National Beverage Corp. and
Nicholas A. Caporella awarding Plaintiff lost pay and the value of his lost fringe
benefits; that the Court award the Plaintiff compensatory damages, and the
Court award Plaintiff costs of this action, including a reasonable attorneys fee.
COUNT IV
BATTERY
1 through 58.
80. NICK engaged in the unwelcome and offensive contact of TERRY by touching
him in a highly sexual and intimidating manner on 18 separate occasions, as set
forth in paragraph 32, above.
81. NICK intended to cause the unwelcome and offensive contact every time he
touched TERRY in an offensive and overtly sexual manner.
82. NBC is vicariously liable for batteries of TERRY by NICK, its Chief Executive

Officer and Chairman of the Board.
83. NICKs battery of TERRY is consistent with a pattern of behavior by NICK
whereby he has touched other persons who were serving as SIC in the N1NC
aircraft or other aircraft flown by NICK for and at the expense of NBC. NBC is
vicariously liable because the wrongful battery in each case was by the corporate
Chief Executive Officer and Chairman of the Board, thereby causing NBC to
approve, ratify and be vicariously liable for its CEOs inappropriate and tortious,
intentional acts.
84. Because of NICKs repeated events of battery, TERRY has suffered damages,
including economic damages, mental anguish, emotional distress, and loss of
consortium.
85. Because of NICKs repeated battery, TERRYs wife, PAULA has suffered
damages, including loss of consortium, mental anguish, and emotional distress.
86. TERRY and PAULA request all relief that is just and proper, including costs,
compensatory damages and punitive damages.
WHEREFORE, the Plaintiff prays that the Court award the Plaintiffs Terence O.
Huenfeld and Paula Huenfeld judgment against National Beverage Corp. and
Nicholas A. Caporella for compensatory damages, pain and suffering, mental
anguish, loss of consortium, punitive damages, for each of the 18 separate
occasions, of $1,000,000 and the Court award Plaintiff costs of this action.
COUNT V
ASSAULT

1 through 58 and 71 through 78.
88. The pattern of unwanted and unwarranted sexually indicative touching occurred
on March 11, 2016; March 28, 2016; March 31, 2016; April 13, 2016; April 16,
2016; May 2, 2016; May 10, 2016; May 14, 2016; May 20, 2016; May 22, 2016;
May 29, 2016; June 2, 2016; June 16, 2016; June 24, 2016; June 28, 2016; July
1, 2016; July 5, 2016, and on July 11, 2016.
89. Based on TERRYs perception of NICKs conduct in perpetrating the offensive
touchings of him, TERRY was often in fear of imminent unwanted and offensive
contact by NICK from his apprehension of NICKs close approach preparatory to
NICKs touching of TERRY immediately prior to such touching.
90. NBC is vicariously liable for batteries of TERRY by NICK, its Chief Executive
Officer and Chairman of the Board.
91. Because of NICKs repeated assaults, TERRY has suffered damages, including
economic damages, mental anguish, emotional distress, and loss of consortium.
92. Because of NICKs repeated assaults, TERRYs wife, PAULA has suffered
94. WHEREFORE, the Plaintiff prays that the Court award the Plaintiffs Terence O.
Nicholas A. Caporella for $1,000,000 compensatory damages, pain and
suffering, mental anguish, loss of consortium, and punitive damages for each of

the 18 separate events of assault, and the Court award Plaintiff costs of this
action.
COUNT VI
ASSAULT AND BATTERY
(Traverse City)
1 through 58.
96. On or about July 5, 2016, on the flight to Traverse City, Michigan, NICK
appeared to be under a lot of pressure, which, according to Brent Bott, was due
to a meeting he had to attend. During the flight, a problem appeared to occur in
the manner in which NICK was handling the plane, which TERRY brought to
NICKs attention. Specifically, upon leaving Ft. Lauderdale, NICK turned the
aircraft the wrong way and busted altitude then started to complain about flight
control issues. TERRY questioned NICK and TERRY told NICK that if they had
flight control issues they needed to turn back and return to Ft. Lauderdale
Executive Airport and land immediately. NICK refused and continued the flight
up to 41000 feet, endangering everyone on board, if there were in fact the type of
flight control issues that NICK had indicated. While on approach into Traverse
City, Michigan, NICK again complained about flight control issues. TERRY
asked if NICK needed assistance. TERRYs action was met with excessive
verbal abuse, coupled with physical assault and battery thereafter.
97. When the plane landed in Traverse City, NICK appeared distracted and TERRY
had to tell him to get on the brakes and deploy the thrust reversers so that the

plane would not fly off the runway and crash. This made NICK even angrier and
he lashed out at TERRY.
98. When the plane landed at Traverse City, Michigan, NICK and TERRY got off the
plane and were standing on the tarmac, near the tail of the plane. During the
time that NICK was yelling at TERRY, TERRY broke eye contact with NICK while
NICK was telling TERRY how fucking stupid you are and you dont know what
the fuck was going on, and similar inappropriate, angry tirades. TERRY looked
away from NICK, at which time NICK, without provocation, maliciously and
intentionally grabbed TERRYs face and neck with one hand and slapped and hit
TERRY in the face with his other hand, causing TERRYs neck to twist.
99. TERRY reported the incident to the Traverse City police department and went to
the E.R. for treatment. His blood pressure was high, and TERRY was beat up.
100. NICKs assault and battery upon TERRY was malicious, wrongful and intentional,
intended to cause harm and fear in TERRY.
101. NICKs assault and battery of TERRY in Traverse City, Michigan is consistent
with a pattern of behavior by NICK whereby he has assaulted and battered other
persons who were, or still are, employees of NBC or who served in the cockpit
with NICK.
102. NBC is vicariously liable because the wrongful assault and battery was by the
corporate Chief Executive Officer and Chairman of the Board; furthermore,
Vince told TERRY that employees, including Executive Brent Bott, and possibly
others, who had been the victim of NICKs propensity for assault and battery, had

been paid a bonus.
103. NBC had a duty to know that NICK, its CEO and Chairman of the Board, and
principal stockholder, has a propensity to commit assault and battery, therefore,
NBC has effectively approved and ratified such wrongful behavior, and is
vicariously liable for its CEOs inappropriate and tortious, intentional acts, for
which NBC is liable for punitive damages.
104. Because of NICKs repeated events of battery, TERRY has suffered damages,
including economic damages, mental anguish, emotional distress, and loss of
consortium.
105. Because of NICKs repeated battery, TERRYs wife, PAULA has suffered
WHEREFORE, the Plaintiff prays that the Court award the Plaintiffs Terence O.
Nicholas A. Caporella for compensatory damages, pain and suffering, mental
anguish, loss of consortium, punitive damages, in excess of $1,000,000 and the
Court award Plaintiff costs of this action.
COUNT VII
BREACH OF CONTRACT
93. Plaintiff, TERRY, realleges and reavers each and every allegation of paragraphs 1
through 58.
94. In or about January, 2016, TERRY was interviewed by NBC for the position of

Second in Command (SIC) of the N1NC to be flown, with NICK as Captain, on
behalf of NBC or NICKs private business. TERRY was advised by Brent Bott, NBC
Executive Director-Consumer Marketing, and NICK, that he would be employed by
NBC and that NBC would pay for TERRY to be sent for formal training for his SIC
rating on the Falcon 2000.
95. NBC, through its CEO and Chairman of the Board, NICK orally agreed with TERRY
that if Plaintiff gave up his three other jobs, TERRY would be paid $150,000 for one
year by NBC, and his family would be provided, all the employee benefits to which
NBC employees were entitled, like eye care, dental, life insurance, and short term
disability, and all other emoluments of NBC employees for the one year of
employment. Flight expenses were promised to be reimbursed by NBC.
96. NICK further enticed TERRY to give up his three then existing jobs by NICKs
assurances no matter what happened TERRY would receive at least one years
worth of salary if his position was ever eliminated.
97. In reliance upon NICKs assurances and promises, TERRY permanently resigned
from and gave up his three previous jobs (for a second and final time).
98. It was implied and understood by all the parties that NBC would provide non-hostile
working conditions, that NICK and NBC would comply with all applicable laws and
would act in good faith.
99. TERRY was provided all the indicia of an employee of NBC, including distribution of
the NBC Employee handouts, manuals, etc., a United Health Care NBC employee
health care card for TERRY, PAULA, and their children, and regular pay checks

from NBC until July 25, 2016.
100. Plaintiff, TERRY, fully performed all things required of him.
101. In or about June, 2016, TERRY learned that Vince was not current in the Falcon
2000 EX, and NBC had refused to send TERRY for the training in the Falcon 2000 it
had promised to do as a condition of employment.
102. TERRY complained that Vince was not current, that NBC had refused to send
him for training, and that TERRY was unhappy with the constant assaults and
battery by NICK.
103. On or about July, 25, 2016, without notice to TERRY, NBC informed United
Health Care to discontinue TERRY and his family from the NBC health insurance
plan, for which TERRY had already paid the full month of July, with knowledge that
TERRYs daughter Zoe had been diagnosed and was being treated for severe
asthma and respiratory issues, and that PAULA was being treated for suspected
Horners Syndrome.
104. NBC breached its employment agreement with TERRY, by refusing to send him
for training to be current on the Falcon 2000 EX aircraft, despite having agreed to do
so as an inducement to TERRY taking the position with NBC and giving up his
positions with other companies.
105. NBC breached its employment agreement with TERRY by knowingly allowing its
CEO and Chairman of the Board, NICK to create a hostile work environment,
wherein he made numerous sexual advances and battery towards TERRY, and by
requiring that TERRY serve as SIC without send

106. TERRY was subsequently, on or about July 28, 2016, presented with a
document, titled OFFER between TERRY, as employee, and NBC, as employer,
allegedly to effectuate a fair and amicable resolution to Employees current
employment status with the Company, which constituted a full release by TERRY
of NICK and NBC, as a condition of continued employment (at will) with benefits
with the Company. The Offer specified that it was not an employment agreement
and any employment beyond the date of the Offer would be only under the
employment at-will doctrine. The Offer specifically required a release of all claims
contained in Plaintiffs counsels letter dated July 11, 2006, and required
confidentiality by TERRY of his objections and claims from the assault and battery.
107. TERRY was told by the NBC corporate legal counsel that he would have to sign
the Offer, which TERRY took to first review with his legal counsel.
108. TERRY notified NBC that he was willing to continue working as SIC for N1NC
assuming that the company supplied a new Captain for the aircraft, other than NICK,
albeit TERRY had not signed what was effectively a release without consideration.
109. On July 29, 2016, TERRY was called into a meeting at the NBC offices, in Fort
Lauderdale, Florida, at around 6:30 p.m.. The meeting was attended by TERRY,
and on behalf of NBC by Joseph Caporella, NBC President, Michael King, NBC legal
counsel, with NICK on the conference telephone. NICK insulted TERRY and denied
that anything happened in Traverse City, Michigan, and denied that he had any
conversation with TERRY.
110. TERRY was asked again to sign the above described Offer, release, which

TERRY refused, upon which TERRY was informed that he was terminated.
111. Plaintiff was wrongfully terminated for his having complained, in writing, about
NBCs violations of regulations and laws and about having been made a victim of
NICKs sexually based harassment and NICKs wrongful assault and battery of
TERRY.
112. TERRY subsequently learned from the health insurance provider that NBC had
terminated him and his family on July 25, 2016, the Monday before the July 29, 2016
meeting, before TERRY had been given the Offer Release, despite that TERRY
had paid his portion of the health insurance premium for the full month of July.
113. PAULA had already taken their daughter, Zoe, to the doctor and had incurred
medical expenses without knowledge that NBC had terminated the health insurance
coverage without providing notice to TERRY.
114. NBC thereby left TERRY, TERRYs wife, PAULA, and their children, who were in
need of medical care, without insurance coverage as of July 25, 2016, and without
notice of cancellation of the health insurance, contrary to applicable law.
115. NBC paid TERRY $4230.77 bi-weekly, plus $3,333 monthly, from February, 2016
through June 30, 2016, plus $4230.77 for the weeks of July 17-30, on August 5,
2016, with no payment from July 1 through July 16, 2016. NBC included deductions
for insurance for the entire month of July, although NBC terminated health insurance
coverage as of July 25, 2016, without notice.
116. Plaintiff has suffered damages of approximately $78,331 plus unpaid medical

EXHIBIT
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Case 0:16-cv-62881-RNS Document 1 Entered on FLSD Docket 12/07/2016 Page 1 of 36

IN THE UNITED STATES DISTRICT COURT

TERENCE O. HUENEFELD and

NATIONAL BEVERAGE CORP.,

Plaintiffs, TERENCE O. HUENEFELD (TERRY) and PAULA HUENEFELD

and alleges as follows:

1. Jurisdiction is conferred on the Court by 28 U.S.C.1331 and 1332.

2. The Defendant, NATIONAL BEVERAGE CORP. (NBC), is a Delaware

4000, Fort Lauderdale, Broward County, Florida. NBC employees 1,200

3. Defendant, NICHOLAS A. CAPORELLA, (NICK) resides in Broward County,

publicly traded corporation.

Huenefeld v NBC Complaint

Aviation Agency Airmans Certificate license as a Commercial Pilot authorized to

Carolina corporation, believed to be ultimately owned and controlled by NICK,

NBC pays NICKs companies.

5. Plaintiff, TERENCE O. HUENEFELD (TERRY) is a resident of Miami-Dade

US Federal Aviation Agency Airmans Certificate license as a Commercial Pilot

authorized to fly airplanes and jets. TERRY is presently rated as an Airline

on other Learjets, Hawkers, Gulfstreams, Westinds, and a Falcon 50.

6. Plaintiff, PAULA HUENEFELD, is a resident of Miami-Dade County, Florida and

7. Venue is proper in this Court because the event of termination of employment

Huenefeld v NBC Complaint

income of approximately $150,000 a year.

Second in Command (SIC) of the N1NC to be flown, with NICK as Captain, on

NBC Executive Director-Consumer Marketing, and NICK, that he would be

training for his SIC rating on the Falcon 2000.

and he so informed his three previous employers he would return to them.

were promised to be reimbursed by NBC.

position was ever eliminated.

13. In reliance upon NICKs assurances and promises, TERRY permanently

Huenefeld v NBC Complaint

pay checks from NBC.

F.A.A. Regulations Regarding Pilot Certification

Huenefeld v NBC Complaint

EX and to sign the airmans certification for such training.

territorial limits of the United States.

to be able to train Plaintiff sufficiently to entitle TERRY to obtain the necessary

training to receive his SIC.

Huenefeld v NBC Complaint

he was flying internationally without a second properly licensed pilot for

South Florida. Accordingly, Vince requested TERRY, who was sufficiently

certification, NICK insisted on flying the N1NC Falcon 2000 EX aircraft on

international flights as follows:

a. 2/12/16 Orlando, FL to Cabo, Mexico

Huenefeld v NBC Complaint

and Exchange Regulations.

False Record to Cover Up Abuses

messages were not true.

Brent Bott, NBC Executive Director-Consumer Marketing, and NICK himself.

Hostile Work Environment, Abuse and Sexual Battery

what became a repeated pattern of unprovoked and unwanted sexually oriented

Huenefeld v NBC Complaint

1, 2016; July 5, 2016, and on July 11, 2016.

allow and put up with it.

The verbal abuse was exacerbated by NICKs repeated unjustified, unwarranted

reaching up towards TERRYs sexual organs.

Huenefeld v NBC Complaint

contact and retain legal counsel.

Malicious Assault and Battery

to a meeting he had to attend. During the flight, a problem appeared to occur in

verbal abuse, coupled with physical assault and battery thereafter.

he lashed out at TERRY.

Huenefeld v NBC Complaint