1g Oakland County Clerk 2/27/2018 12:19 PM z & 3 g 3 3 & a a = z This case has been designated as an efiling case. To review a copy of the Notice of Mandatory Filing visit www.oakgov.com/clerkrod/Pages/efiling. STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND SARAH STRUZIK, next friend of GARRETT STRUZIK, a minor Plaintiff, vs REE MIDWEST, INC. dba RAINBOW CHILD CARE CENTER, a Michigan corporation; JENNIFER M. VENTIMIGLIA aka JENNIFER M. COOK; TIFFANY N. DAVIDSON; GENA SAYEJ aka GENA CANNING; and KATHIE R. PECHAUER; Jointly and Severally, Defendants, DAVID E. CHRISTENSEN (P45374) THOMAS N. ECONOMY (P60307) CHRISTENSEN LAW Attomeys for Plaintiff 25925 Telegraph Road, Suite 200 Southfield, MI 48033 (248) 213-4900/Fax (248) 213-4901 dchristensen@davidehristensenlaw,com teconomy@davidehristensenlaw.com 2018-164072-NO JUDGE DANIEL P. O'BRIEN Case No: 18- -NO Hon, COMPLAINT AND DEMAND FOR JURY TRIAL There is no other pending or resolved civil action arising out of the transaction or o s/ David E. Christensen David E. Christer urrence alleged in the complaint.1g Oakland County Clerk 2/27/2018 12:19 PM z & 3 g 3 3 & a a = z NOW COMES the above named Plaintiff, SARAH STRUZIK, next friend of GARRETT STRUZIK, a minor, by and through their attorneys, CHRISTENSEN LAW, and says: THE PARTIES AND JURISDICTION 1, That the amount in controversy exceeds Twenty Five Thousand ($25,000.00) Dollars 2. That the Plaintiff, SARAH STRUZIK, next friend of GARRETT STRUZIK and the minor Plaintiff, GARRETT STRUZIK are residents of the City of Rochester Hills, County of Oakland, and State of Michigan. 3. That Defendant, JENNIFER M. VENTIMIGLIA aka JENNIFER M. COOK, is a resident of the Township of Clinton, County of Macomb, and State of Michigan. Said Defendant shall hereinafter be referred to as “Defendant Ventimiglia” 4, That Defendant, KATHIE PECHAUER, is a resident of the City of Rochester Hills, County of Oakland, and State of Michigan. Said Defendant shall hereinafter be referred to as “Defendant Pechauer.” 5. That Defendant, GENA SAYEJ aka GENA CANNING is a resident of the City of Livonia, County of Wayne, and State of Michigan. Said Defendant shall hereinafter be referred to as “Defendant Sayej.” 6, That Defendant, TIFFANY DAVIDSON, is a resident of the City of Troy, County of Oakland, and State of Michigan. Said Defendant shall hereinafter be referred to as “Defendant Davidson.” 7. That Defendant REE MIDWEST, INC. dba RAINBOW CHILD CARE CENTER INC,, is Michigan corporation and child care organization authorized to do business in the CountyFILED Received for Filing Oakland County Clerk 2/27/2018 12:19 PM of Oakland, and State of Michigan, by virtue of the statutes of the State of Michigan and was at all times material hereto, doing business as RAINBOW CHILD CARE CENTER, INC COMMON ALLEGATIONS 8 Plaintiff rei ncorporates and realleges Paragraphs | through 7 as set forth above. 9. The minor Plaintiff Garrett Struzik was born on January 23, 2012. 10. In September 2013, Garrett Struzik’s parents, Scott Struzik and Plaintiff Sarah Struzik, enrolled him at Defendant REE Midwest Inc’s child care facility known as Rainbow Child Care Center of Troy, located at 1732 Crooks Rd. in the City of Troy, Oakland County, Michigan. 11. Atthe time Garrett Struzik began attending Defendant's Rainbow Childcare Center in Troy he was approximately 21 months old. 12. When the minor Plaintiff Garrett Struzik initi: ly began attending Defendant's Rainbow Childcare Center of Troy he was placed in the toddler room, 13. Sometime in the winter of 2014, Defendant Rainbow Childcare Center of Troy’s director, Defendant Tiffany Davidson advised Garrett Struzik’s parents, Scott Struzik and Plaintiff Sarah Struzik, that because of Garrett Struzik’s January birthdate, he would have to be moved into the Defendant’s preschool program or the Montessori program. Defendant Davidson recommended against the Montessori program and opined that Garrett would fit better in the traditional preschool room which was run by Defendant Jennifer Ventimiglia 14, In January or February 2015 the minor Plaintiff, Garrett Struzik, was transferred out of the toddler room and into Defendant Ventimiglia’s room. 15, Shortly afier the minor Plaintiff Garrett Struzik’s transfer into Defendant Ventimiglia’s room, Plaintiff Sarah Struzik started having problems with Garrett at morning drop off. He would cry uncontrollably and cling to her.FILED Received for Filing Oakland County Clerk 2/27/2018 12:19 PM 16. On March 6, 2015 at around 10:30 am, the minor Plaintiff, Garrett Struzik, was in the preschool room and like any happy three year-old boy, he was full of energy and was jumping up and down, when suddenly and without warning Defendant Ventimiglia violently grabbed Garrett by his arms and threw him to the ground, causing Garrett to land hard on the floor and slamming his head against a chair. 17, That after the minor Plaintiff, Garrett Struzik, landed on the floor and struck his head as set forth in the preceding paragraph, he laid on the floor unresponsive for several minutes 18. That on or about March 6, 2015 a witness told Defendant Tiffany Davidson of the aforementioned incident involving Garrett Struzik but Defendant Davidson apparently did nothing. 19. That on or about March 6, 2015 an anonymous call was made regarding Defendant Jennifer Ventimiglia’s actions to the State of Michigan Department of Human Services — Bureau of Children and Adult Licensing (MDHS) - the agency that regulates child care facilities like Defendant REE Midwest, Inc. and its facility the Rainbow Child Care Cemter of Troy. 20. That in March and April 2015 an investigation of Rainbow Childcare Center of Troy was conducted by MDHS regarding the aforementioned incident involving the minor Plaintiff, Garrett Struzik, and other children and similar incidents involving Defendant Ventimiglia, 21, That throughout the aforementioned MDHS investigation Defendants Ventimiglia, Davidson, Pechauer, Sayej and REE Midwest, Inc. conspired to, and/or in fact, lied to, deceived, misled and concealed facts and evidence from, the MDHS investigator, parents of children at the Rainbow Child Care Center of Troy, the Plaintiff Sarah Struzik, and Scott Struzik and otherwise obstructed the investigation.FILED Received for Filing Oakland County Clerk 2/27/2018 12:19 PM 22. That following the incident involving the minor Plaintiff, Garrett Struzik. Defendants hid from Garrett Struzik’s parents, Plaintiff Sarah Struzik and Scott Struzik, that Garrett Struzik had been harmed by Defendant Ventimiglia and said Defendants conspired to cover-up said actions by Defendant Ventimiglia, and as a result, the minor Plaintiff Garrett Struzik was denied immediate medical attention that he required and deserved. 23. That prior to March 6, 2015, all of the above named Defendants knew, or should have known, that Defendant Ventimiglia was physically, mentally, and emotionally harming, abusing, terrifying, humiliating, berating, screaming at and/or int idating the minor Plaintiff Garrett Struzik and other children in her classroom, 24, That despite the knowledge of Defendant Ventimiglia’s conduct, as set forth above, all of the above named Defendants failed to take appropriate action to protect Garrett Struzik and other children entrusted to their care, including but not limited to: informing the Plaintiff Sarah Struzik and Scott Struzik, and parents of the other children at the Rainbow Child Care Center of Troy, of Defendant Ventimiglia’s conduct (as described herein), immediately terminating or suspending Defendant Ventimiglia’s employment with the Rainbow Child Care Center of Troy and/or reporting Defendants Ventimiglia’s wrongdoing to the appropriate government authorities, 25. That instead, Defendants acted with deliberate indifference to Defendant Ventimiglia’s conduct and engaged in a course of obstructing and subverting any investigation of and otherwise covering up Defendant Ventimiglia’s misconduct, and as a result, placed the children at Rainbow Child Care Center of Troy, including but not limited to, the minor Plaintiff Garrett Struzik, at great risk of serious harm, 26. That as a direct, foreseeable, and proximate result of all of the Defendants’ aforementioned misconduct, lies, cover-up, wrongdoing, deception, conspiracy, negligence,FILED Received for Filing Oakland County Clerk 2/27/2018 12:19 PM deliberate indifference, outrageous conduct, and gross negligence, as set forth more fully herein, the minor Plaintiff, Garrett Struzik, suffered serious harms and personal injuries, including, but not limited to: a traumatic brain injury, post-traumatic stress disorder and all of the sequelae and symptoms associated therewith, including but not limited to: impaired emotional functioning, decreased verbal skills, impairment in executive functioning, compromised fine distal motor coordination, visual learning and retention/recall deficits, problems with attention and concentration; and psychological harm secondary to brain injury and abuse in school. In addition, the injuries and harms suffered by the minor Plaintiff, Garrett Struzik, as aforesaid, may not, as of yet, have fully manifested themselves. rae That to the extent that the minor Plaintiff Garrett Struzik was suffering from any pre-existing conditions and/or was unusually susceptible to the harms and losses set forth above, then and in such event, it is averred that the conduct of the all of the above named Defendants precipitated, exacerbated and/or aggravated any such pre-existing conditions or susceptibilities. 28. The Defendants’ aforesaid misconduct, lies, cover-up, wrongdoing, deception, conspiracy, negligence, deliberate indifference, outrageous conduct, and gross negligence, as set forth herein, also resulted in the minor Plaintiff having to undergo several unnecessary, frightening, humiliating and/or embarrassing interviews, treatments, therapy, observations, and investigations, 29. The Defendants’ conduct, negligence and gross negligence, as set forth herein, has caused and will continue to cause, the minor Plaintiff Garrett Struzik to suffer and sustain the following damages: physical pain and suffering; physical disability, incapacity and loss of function; denial of everyday social pleasures and enjoyments; diminished quality of life, mental anguish, outrage, mortification, indignity, depression, anger, sleeplessness, emotional and mentalFILED Received for Filing Oakland County Clerk 2/27/2018 12:19 PM distress, psychological injury, fright and shock; embarrassment and humiliation; harm to his ordinary daily life and childhood development; anxiety, mental distress, fear, and economic damages, including, but not limited to, past, present and future medical expenses, future lost earnings and future earning capacity. 30. That as a direct, foreseeable, and proximate result of all of the Defendants’ misconduct, lies, cover-up, wrongdoing, deception, conspiracy, negligence, deliberate indifference, outrageous conduct, and gross negligence, as set forth more fully herein, the minor Plaintiff, Garrett Struzik, has and will continue have permanent social, educational, behavioral and developmental deficits and disabilities and will also in the future suffer from vocational, educational, social and intellectual development which will result in lost earnings and diminished earning capacity over the course of his life. 31, That as a direct, foreseeable, and proximate result of the Defendants’ misconduct, lies, cover-up, wrongdoing, deception, conspiracy, negligence, deliberate indifference, outrageous conduct, and gross negligence, the minor Plaintiff, Garrett Struzik has incurred and will continue to incur medical expenses for treatment of his injuries. 32, That all of the minor Plaintiff's injuries, harms, losses and damages are a direct and proxi ate result of the misconduct, omissions, wrongdoing, deception, conspiracy, negligence, deliberate indifference, outrageous conduct, and gross negligence of the Defendants, as set forth herein, 33. That the Defendants’ conduct as set forth herein constitutes malicious, fraudulent, wanton, reckless, extreme and/or outrageous conduct thereby entitling the minor Plaintiff to exemplary damages for fright, mental anguish, humiliation, outrage, mental anxiety, shame, sorrow, feelings of despair and other damages to be determined in the course of discovery.FILED Received for Filing Oakland County Clerk 2/27/2018 12:19 PM COUNT I ASSAULT CLAIM AGAINS’ DEFENDANT JENNIFER VENTIMIGLIA 34, Plaintiff reincorporates and realleges Paragraphs 1 through 33 as set forth above. 35. glia, in committing the acts complained of above, intended to cause a harmful or offensive contact with the minor Plaintiff and/or intended to cause an imminent apprehension of such a contact. 36. That Defendant Jennifer M. Ventimiglia in engaging in the conduct set forth herein, actually put the minor Plaintiff in imminent apprehension of such a harmful or offensive contact. 37. Atall times, the minor Plaintiff Garrett Struzik was aware of the imminent contact of which he was apprehensive and which ultimately resulted 38. The conduct of Defendant Jennifer M. Ventimiglia set forth in full above, constituted an unlawful offer of corporal injury to the minor Plaintiff by force, or force unlawfully directed toward the minor Plaintiff under the circumstances which created a well-founded apprehension of imminent contact, coupled with the apparent present ability that Defendant Jennifer M. Ventimiglia could accomplish the contact, 39. As a result of the assaultive conduct committed by Defendant Jennifer M Ventimiglia, the minor Plaintiff has suffered and will continue to suffer the injuries, damages, harms and losses as set forth in paragraphs 16-17 and 22 through 33 40. Defendant REE Midwest, Inc. is vicariously liable for the assaultive conduct of Defendant Ventimiglia as said Defendant's assaultive conduct occurred in the course and scope of her employment with Defendant REE Midwest, Inc. aka Rainbow Child Care Center.FILED Received for Filing Oakland County Clerk 2/27/2018 12:19 PM WHEREFORE, the Plaintiff, hereby demands a judgment in his favor in an amount in excess of twenty-five thousand ($25,000.00) dollars against Defendants Jennifer M. Ventim and REE Midwest, Inc., together with costs, interest and attorney fees. 41, Plaintiff reincorporates and realleges Paragraphs 1 through 40 as set forth above. 42, The conduct engaged in by Defendant Jennifer M, Ventimiglia, as set forth herein, constituted a willful and/or harmful and/or offensive touching of the minor Plaintiff which resulted from an act(s) intended to cause such an offensive or harmful touching, 43. Defendant Jennifer M. Ventimiglia in engaging in the conduct complained of herein acted intentionally to cause the offensive or harmful bodily contact with the minor Plaintiff and Defendant Jennifer M. Ventimiglia knew with substantial certainty that such bodily contact would result from her conduct, 44, At no time did the minor Plaintiff willfully consent to any touching described in this complaint 45, As a result of the harmful and/or offensive touching that Defendant Jennifer M. Ventimiglia caused Plaintiff to endure, the minor Plaintiff has suffered and will continue to suffer the injuries, damages, harms and losses as set forth in paragraphs 16-17 and 22 through 33. 46. Defendant REE Midwest, Inc. is vicariously liable for the harmful and/or offensive conduct of Defendant Ventimiglia as said Defendant’s harmful and/or offensive conduct occurred in the course and scope of her employment with Defendant REE Midwest, Inc. aka Rainbow Child Care Center,FILED Received for Filing Oakland County Clerk 2/27/2018 12:19 PM WHEREFORE, the Plaintiff, hereby demands a judgment in his favor in an amount in excess of twenty-five thousand ($25,000.00) dollars against Defendants Jennifer M. Ventimiglia and REE Midwest, Inc., together with costs, interest and attorney fees. COUNT I ‘TENTIONAL INFLICTION OF EMOTIONAL DISTRESS CLAIM 41. ncorporates and realleges Paragraphs 1 through 46 as set forth above. 48. That the minor Plaintiff had the right to be free from serious, intentional and unprivileged invasions of his mental and emotional tranquility. 49. That Defendant Jennifer M. Ventimiglia engaged in extreme and outrageous conduct, and inflicted severe mental anguish and emotional distress upon the minor Plaintiff as set forth herein. 50. That Defendant Jennifer M. Ventimiglia’s conduct, as set forth herein, is outrageous in character beyond all possible bounds of decency and/or is extreme to the point of being atrocious and utterly intolerable based on community standards. 51. That Defendant Jennifer M. Ventimiglia’s actions against the minor Plaintiff were intentional and/or reckless with regards to inflicting severe mental and emotional distress upon the minor Plaintiff. 52. That as a direct and proximate result of Defendant Jennifer M. Ventimighia’s conduct, as set forth herein, the minor Plaintiff has suffered and will continue to suffer the injuries, damages, harms and losses as set forth in paragraphs 16-17 and 22 through 33. 53, That as a further direct and proximate result of the Defendant Jennifer M. Ventimiglia’s actions, the minor Plaintiff is entitled to recover exemplary damages against Defendant Jennifer M. Ventimiglia, for the minor Plaintiff's feelings of outrage, mortification, 10FILED Received for Filing Oakland County Clerk 2/27/2018 12:19 PM humiliation, embarrassment, and indignity as a result of the malicious and willful and wanton conduct of Defendant Jennifer M. Ventim 54, Defendant REE Midwest, Inc. is vicariously liable for the aforementioned conduct of Defendant Ventimiglia, as set forth in this count as said Defendant's conduct occurred in the course and scope of her employment with Defendant REE Midwest, Inc. aka Rainbow Child Care Center. WHEREFORE, the Plaintiff, hereby demands a judgment in his favor in an amount in excess of twenty-five thousand ($25,000.00) dollars against Defendants Jennifer M. Ventimiglia and REE Midwest, Inc., together with costs, interest and attomey fees. COUNT IV- DEFENDANT JENNIFER M. VENTIMIGLIA’S ORDINARY AND GROSS NEGLIGENCE AND WILLFUL AND WANTON CONDUCT. 55, Plaintiff reincorporates and realleges Paragraphs 1 through $4 as set forth above. 56. That it was foreseeable that Defendant Ventimiglia’s conduct, as set forth herein would create a risk of harm to the minor Plaintiff Garrett Struzik. 57. That the relationship between the Defendant Ventimi gave rise toa legal obligation on Defendant Ventimiglia to act for the benefit of the minor Plaintiff. 58. That Defendant Ventimiglia also owed the minor Plaintiff a duty of reasonable care due to the special relationship between her and the minor Plaintiff, her position as his teacher and care giver, the closeness of the connection between said Defendant’s conduct and the minor Plaintiff's injury, the high degree of risk of injury to the minor Plaintiff, and the moral blame attached to the conduct of Defendant Ventimiglia. u59, That as a direct and proximate result of Defendant Ventimiglia’s conduct, as set forth herein, the minor Plaintiff has suffered and will continue to suffer the injuries, damages, harms and losses as set forth in paragraphs 16-17 and 22 through 33. 60. That the aforesaid injuries and damages sustained by the minor Plaintiff were proximately caused by the conduct, actions, ordinary negligence, gross negligence and/or willful and wanton conduct of the Defendant Jennifer M. Ventimiglia in several ways, including, but not limited to, the following: a. lifting Garrett Struzik by his arms and throwing him to the floor and into a chair; b. screaming at, yelling at, intimidating or otherwise humiliating Garrett Struzik; ¢. using physical force on and/or towards Garrett Struzik; using unnecessary and excessive physical force with respect to Garrett Struzik; e. failing to act with reasonable care with respect to the safety, protection and welfare of the children at Rainbow Child Care Center of Troy, including but not limited to the minor Plaintiff, Garrett Struzik: £. failing to provide appropriate care and supervision of the children, including but not limited to the minor Plaintiff Garrett Struzik, in violation of in violation of MCL 722.111 et seq, MCL 722.621, et seq., MI R.400.8125, related State regulations, local ordinances, and the common law; g. engaging in prohibited discipline of the children, including but not limited to the minor Plaintiff Garrett Struzik, in violation of MCL 722.111 et seq, MCL 722.621 et seq., MI R.400.8140, related State regulations, local ordinances, and the common law; FILED Received for Filing Oakland County Clerk 2/27/2018 12:19 PM h. failing to report her misconduct and injuries to Garrett Struzik and other children under her care, to the Plaintiff Sarah Struzik, Scott Struzik, parents of other children under her care, and proper authorities, as required by the Michigan Child Protection Law MCLFILED Received for Filing Oakland County Clerk 2/27/2018 12:19 PM 722.621 et seq., state and federal regulations, local ordinances and the common law, i. violation of MCL 750.136b — criminal child abuse j. violation of MCL 750.145 criminal child neglect k. Other acts of negligence to be determined through discovery 61. Defendant Ventimiglia’s conduct, which proximately caused the minor Plaintiff's injuries and damages, was grossly negligent because it was so reckless that it demonstrated a substantial lack of concern for whether the minor Plaintiff would be injured. 62. Defendant REE Midwest, Inc. is vicariously liable for the conduct of Defendant Ventimiglia, as set forth in this count as said Defendant's negligence, gross negligence and/or willful and wanton conduct occurred in the course and scope of her employment with Defendant REE Midwest, Inc. aka Rainbow Child Care Center. WHEREFORE, the Plaintiff, hereby demands a judgment in his favor in an amount in excess of twenty-five thousand ($25,000.00) dollars against Defendants Jennifer M. Ventimiglia and REE Midwest, Inc., together with costs, interest and attorney fees. ‘OUNT V- 63. Plaintiff reincorporates and realleges Paragraphs 1 through 62 as set forth above. 64, That prior to, on and after March 6, 2015 several employees at Rainbow Child Care Center of Troy, including but not limited to Amanda Edwards, Tracey Belusar, Sara Suminski, Bria Blackmon and others reported to Defendant Tiffany N. Davidson that Defendant Jennifer M. Ventimiglia was physically, mentally and emotionally abusing the children in her classroom, including but not limited to Garrett Struzik.FILED Received for Filing Oakland County Clerk 2/27/2018 12:19 PM 65. That Defendant Tiffany Davidson had a video monitor in her office with a live audio and visual feed of Defendant Ventimiglia’s classroom and was aware of Defendant Ventimiglia’s abusive conduct towards children, including Garrett Struzik, as described herein 66. That prior to, on and after March 6, 2015 several employees at Rainbow Child Care Center of Troy, including but not limited to Defendant Tiffany Davidson, Amanda Edwards, Tracey Belusar, Sara Suminski, Bria Blackmon and others reported to Defendants REE Midwest, Inc., Kathie Pechauer and Gena Sayej that Defendant Jennifer M. Ventimiglia was physically, mentally and emotionally harn \e the children in her classroom, including but not limited to Garrett Struzik. 67, That before, on and after March 6, 2015, Defendants Tiffany N. Davidson, REE Midwest, Inc., Kathie Pechauer and Gena Sayej ignored and/or demonstrated deliberate indifference towards the aforementioned reports to them regarding Defendant Ventimigtia’s abusive conduct. 68. That in fact, Defendants Davidson, REE Midwest, Inc., Kathie Pechauer and Gena Sayej concealed Defendant Ventimiglia’s conduct from the minor Plaintiff's parents and parents of other children and otherwise obstructed any investigation into the abuse and/or harm perpetrated by Defendant Ventimiglia. 69. That Defendants Tiffany N. Davidson’s, REE Midwest, Inc.’s, Kathie Pechauer’s and Gena Sayej’s conduct as set forth above exposed the children under Defendant Ventimiglia’s care, including the minor Plaintiff, to harm and danger. 70. That Defendants Tiffany N. Davidson, REE Midwest, Inc., Kathie Pechauer and/or Gena Sayej failed to make a report of child abuse/child neglect and/or suspected child abuse! child 14FILED Received for Filing Oakland County Clerk 2/27/2018 12:19 PM neglect (as referenced in the preceding paragraphs) to the proper authorities, as required by the Michigan Child Protection Law, MCL 722.621 et seq. 7 That Defendants REE Midwest, Inc.’s, Kathie Pechauer’s, Gena Sayej’s and/or Tiffany N, Davidson 's conduct, as set forth herein, constitutes, singularly or cumulatively, violation(s) of MCL § 722.623, Failure to Report Suspected Child/ and/or Child Neglect. 72. That a direct and proximate result of Defendants Tiffany N. Davidson's, REE Midwest, Inc.'s, Kathie Pechauer’s and/or Gena Sayej’s failure to make a report of child abuse/ child neglect and/or suspected child abuse/child neglect (as referenced in the preceding paragraphs) to the proper authorities, as required by the Michigan Child Protection Law MCL 722.621 et seq. the minor Plaintiff has suffered and will continue to suffer the injuries, damages, harms and losses as set forth in paragraphs 16-17 and 22 through 33 ect That pursuant to MCL 722.633 Defendants Tiffany N. Davidson, REE Midwest, Inc., Kathie Pechauer and Gena Sayej are civilly liable to the minor Plaintiff for his damages, as set forth herein. 74. Defendant REE Midwest, Inc. is also vicariously liable for the conduct of Defendants Tiffany Davidson, Kathie Pechauer and/or Gena Sayej as set forth in this count as said Defendants’ conduct occurred in the course and scope of their employment with Defendant REE Midwest, Inc, aka Rainbow Child Care Center WHEREFORE, the Plaintiff, hereby demands a judgment in his favor in an amount in excess of twenty-five thousand ($25,000.00) dollars against Defendants Tiffany N. Davidson, REE Midwest, Inc., Kathie Pechauer and Gena Sayej, together with costs, interest and attorney fees,FILED Received for Filing Oakland County Clerk 2/27/2018 12:19 PM DAVIDSON'S ORDINARY AND GROSS NEGLIGENCE AND WILLFUL AND WANTON CONDU 75. Plaintiff reincorporates and realleges Paragraphs 1 through 74 as set forth above. 76, That it was the duty of Defendant Tiffany N. Davidson, in connection with her position at the Rainbow Child Care Center of Troy, where the minor Plaintiff was enrolled, to use {ff to harm, ordinary care to ensure the safety of and not expose the minor Plain 77. Thatit was foreseeable that Defendant Tiffany N. Davidson’s conduct, as described herein, would create a risk of harm to the minor Plaintiff. 78. That the relationship between Defendant Tiffany N. Davidson and the minor Plaintiff gave rise to a legal obligation on Defendant Tiffany N. Davidson to act for the benefit of the minor Plaintiff. 79. That Defendant Tiffany N. Davidson also owed the minor Plaintiff a duty of reasonable care due to the special relationship between her and the minor Plaintiff, her position as the director of Rainbow Child Care Center of Troy, the closeness of the connection between her conduct and the minor Plaintiff's injury, the high degree of risk of injury to the minor Plait and the moral blame attached to her conduct, 80. That Defendant Tiffany N. Davidson breached the aforementioned duties owed to the minor Plaintiff by: (a) failing to report suspected child abuse/child neglect on several occasions even afier the several employees at the Rainbow Childcare Center of Troy reported to her that Defendant Jennifer M. Ventimiglia had improper physical, verbal and emotional contact with serval of the minor children, including the minor Plaintiff Garrett Struzi (b) allowing Defendant Ventimiglia to continue her employment even after being made aware prior to March 6, 2015 of Defendant Ventimiglia’s physical, 16FILED Received for Filing Oakland County Clerk 2/27/2018 12:19 PM emotional and mental abuse of the children at Rainbow Child Care Center of Troy: (©) failing to immediately suspend Defendant Ventimiglia even after being made aware of Defendant Ventimiglia’s physical, emotional and mental abuse of the children at Rainbow Child Care Center of Troy; (4) concealing Defendant Ventimiglia’s conduct from the parents of the children, including but not limited to Plaintiff Sarah Struzik and Scott Struzik, whom Defendant Ventimiglia physically, emotionally and mentally abused prior to Garrett Struzik injury; (e) deceiving, covering-up, failing to inform and otherwise concealing Defendant Ventimiglia’s conduct from Garrett Struzik’s parents after Garrett Struzik’s injury on March 6, 2015; (® lying to the MDHS investigator and otherwise obstructing and impeding the aforementioned MDHS investigation; (g) Destroying and/or concealing evidence of Defendant Ventimiglia’s conduct. (h) allowing the children in Defendant Ventimiglia’s room, including but not limited to the minor Plaintiff, Garrett Struzik, to continue to be exposed to harm and danger despite the knowledge of Defendant Ventimiglia’s prior abusive conduct towards the children in her room, (i) failing to act with reasonable care with respect to the safety, protection and welfare of the children at Rainbow Child Care Center of Troy, including but not limited to the minor Plaintiff, Garrett Struzik; (j) failing to provide appropriate care and supervision of the children, including but not limited to the minor Plaintiff Garrett Struzik in violation of MCL 722.111 et seq, MCL 722.621 et seq., R.400.8125, related State statutes and regulations, local ordinances, and the common law; (k) engaging in prohibited discipline of the children, including but not limited to the minor Plaintiff Garrett Struzik, in violation of MCL 722.111 et seq, MCL 722,621 et seq., R.400.8140, other related State regulations and statutes, local ordinances, and the common law; (1) failing to implement a program in accordance with R.400.8179 and in violation of MCL 722.111 et seq, MCL 722.621 et seq., other related State regulations and statutes, local ordinances, and the common law: (m)failing to notify parents of Defendant Ventimiglia’s physical, mental and emotional abuse of children including but not limited to the minor Plaintiff 7Garrett Struzik, in violation of MCL 722.111 et seq, MCL 722.621 et seq., R400.8155, other related State regulations and statutes, local ordinances, and the common law; (n) failing to make a verbal report to the MDHS in in violation of MCL 722.111 et seq, MCL 722.621 et seq., R400.8158, other related State regulations and statutes, local ordinances, and the common law; (0) violations of MCL 722.1138, (p) violations of MCL 722.113g, (q) violations of MCL 722.115c: (1) violations of MCL 722.115d; (8) violations of MCL 722.115e; (1) violations of MCL 722.119; (u) violations of MCL 722.120 (v) violations of MCL 722.121b; (w) violations of MCL 722.125; (x) violations of 42 U.S.C § 9857 et seq and the associated federal regulations promulgated therefrom, including but not limited to 45 CFR Parts 98 and 99. (y) violations of 42 U.S.C. § 618 et seq and the associated federal regulations promulgated thereftom, including but not limited to 45 CFR Parts 98 and 99. (2) Other acts of negligence that will become known through discovery. 81. Defendant Tiffany N. Davidson's conduct, which proximately caused the minor Plaintiff's injuries and damages, was grossly negligent because it was so reckless that it FILED Received for Filing Oakland County Clerk 2/27/2018 12:19 PM demonstrated a substantial lack of concern for whether the minor Plaintiff would be injured. 82, That as a direct and proximate result of Defendant Tiffany N. Davidson’s negligence and gross negligence, the minor Plaintiff has suffered and will continue to suffer the injuries, damages, harms and losses as set forth in paragraphs 16-17 and 22 through 33. 18FILED Received for Filing Oakland County Clerk 2/27/2018 12:19 PM 83. Defendant REE Midwest, Inc. is vicariously liable for the conduct of Defendant Tiffany Davidson, as set forth in this count as said Defendant's negligence, gross negligence and/or willful and wanton conduct occurred in the course and scope of her employment with Defendant REE Midwest, Inc. aka Rainbow Child Care Center. WHEREFORE, the Plaintiff, hereby demands a judgment in his favor in an amount in excess of twenty-five thousand ($25,000.00) dollars against Defendants Tiffany N. Davidson and REE Midwest, Inc., together with costs, interest and attorney fees. COUNT VU. CONSPIRA\ cr 84. Plaintiff reincorporates and realleges Paragraphs 1 through 83 as set forth herein 85. Defendants REE Midwest, Inc., Tiffany N. Davidson, Kathie Pechauer, Gena Sayej and/or Jennifer M. Ventimiglia deceived, covered up, concealed, and hid from the Plaintiff Sarah Struzik and Scott Struzik and the parents of other children at Rainbow Child Care Center of Troy the misconduct of Defendant Ventimiglia by: (a) Instructing staff not to tell parents about any incidents of abuse or child mishandling (b) Intentionally not investigating reports of abuse or child mishandling: (c) Destroying and/or hiding videotape evidence of abuse or child mishandling; (d) Misleading parents of children at Rainbow Child Care Center of Troy regarding, the seriousness, extent and nature of incidents of abuse ot child mishandling and otherwise downplaying the seriousness, extent and nature of such incidents. (©) Withholding details of incidents of abuse from parents of children at Rainbow Child Care Center of Troy; (1) lying to the MDHS investigator(s) and otherwise obstructing and impeding the aforementioned MDHS investigation; 19FILED Received for Filing Oakland County Clerk 2/27/2018 12:19 PM 86. (g) Purposefully and intentionally downplaying the severity of the abuse Defendant Ventimiglia perpetuated on children at Rainbow Child Care Center of Troy; and (h) Other acts to be determined through discovery, Defendants REE Midwest, Inc., Tiffany N. Davidson, Kathie Pechauer, Gena Saye) and/or Jennifer M, Ventimiglia illegally, maliciously, and wrongfully conspired with one another, in a concerted action, with the intent to and for the illegal purpose of concealing the misconduct of Defendant Jennifer Ventimiglia through: deception; the withholding of information; lying: providing false information; claiming faulty memory; preventing the discovery of evidence; making discovery of evidence difficult; impeding investigation; tampering with evidence; and other acts to be determined through the course of discovery. 87. Defendants REE Midwest, Inc., Tiffany N. Davidson, Kathie Pechauer, Gena Saye] and Jennifer M. Ventimiglia, in combination, conspired to: (a) violate the Michigan Child Protection Law MCL 722.621 et seq.; (b) violate the Child Care Organizations Act MCL 722.611 ef seq.: (©) violate 42 U.S.C § 9857 ef seq.; (d) violate 42 U.S.C § 9857 ef seq.; (e) commit fraud; (® deprive the minor plaintiff of substantive due process and deny him equal protection of law; (g) breach their fiduciary duty to the minor Plaintiff; (h) conceal Defendant Ventimiglia’s physical, mental and emotional abuse of children at Rainbow Child Care Center of Troy, including but not limited to Garrett Struzik, through: the withholding of information; lying; providing false information; claiming faulty memory; preventing the discovery of evidence; making discovery of evidence difficult; impeding any investigation; tampering with evidence; deception; and other acts to be determined through the course of discovery, 20FILED Received for Filing Oakland County Clerk 2/27/2018 12:19 PM (i) Other acts and conduct of conspiracy to be determined through discovery; 88. This conspiracy resulted in the illegal, unlawful, and/or tortious activity of Defendant Jennifer M. Ventimiglia’s assault, battery, negligence, exploitation of the minor Plaintiff; the subsequent cover up of said behavior; the injury and harms to the minor Plaintiff, and the delay in the minor Plaintiff's medical treatment, 89. Asaresult ofthe conspiracy and Defendants’ illegal, wrongful, and/or tortious acts, the minor Plaintiff has suffered and will con ue to suffer the injuries, damages, harms and losses as set forth in paragraphs 16-17 and 22 through 33. WHEREFORE, the Plainti f hereby demands a judgment in her favor in an amount in excess of twenty-five thousand ($25,000.00) dollars against All of the above named Defendants, together with costs, interest and attorney fees COUNT VIII RAUD AND MIS! 90. Plaintiff reincorporates and realleges Paragraphs 1 through 89 as set forth herein. 91. Defendants REE Midwest, Inc., Davidson, Pechauer, Sayej and Ventimiglia deceived, mislead and/or did not disclose to parents of children at Rainbow Child Care Center including the minor Plaintiff's parents, Plaintiff Sarah Struzik and Scott Struzik, that said Defendants had knowledge of Defendant Ventimiglia’s physical, mental and emotional abuse of children in her classroom, including the minor Plaintiff Garrett Struzik. 92. Said Defendants had actual knowledge of the fact that Defendant Ventimiglia had engaged in physical, mental and emotional abuse of children in her classroom, including the minor Plaintiff Garrett Struzik. 2FILED Received for Filing Oakland County Clerk 2/27/2018 12:19 PM 93. The Defendants’ deception, concealment, cover-up of, and/or failure to disclose that Defendant Ventimiglia had engaged in physical, mental and emotional abuse of children in her classroom caused plaintiff to have a false impression that the minor Plaintiff was safe, both before and after March 6, 2015. 94. That both before and after March 6, 2015, the Defendants’ engaged in deception, mislead, lied to, concealed and intentionally hid Defendant Ventimiglia’s physical, mental and emotional abuse of children, including but not limited to the minor Plaintiff. 95; That after March 6, 2015 Defendant Tiffany Davidson deceived and misled the minor Plaintiff's parents, Plaintiff Sarah Struzik and/or Scott Struzik when she told them that Garrett Struzik had not been mentally, physically and/or emotionally injured by Defendant Ventimiglia, knowing that said statement was false. 96. That Defendants deceived and misled the minor Plaintiff's parents, as well as parents of other children at Rainbow Child Care Center of Troy in order to perpetuate, preserve and save the reputation and profits of Defendant REE Midwest Ine, and to save their own individual reputations and jobs 97. That Defendants defrauded, deceived, misled and/or did not disclose Defendant Ventimiglia’s misconduct to Garrett Struzik’s parents and other parents at Rainbow Child Care Center, while Defendants knew that their actions and/or omissions put Garrett Struzik’s safety, and the other children’s safety, in danger. 98. When Defendants deceived, mislead, defrauded and/or did not disclose to Garrett Struzik’s parents, Plaintiff Sarah Struzik and Scott Struzik, and the parents of other children at the Rainbow Child Care Center, that Defendant Jennifer Ventimiglia had engaged in physical, mental and emotional abuse of Garrett Struzik and other children in her classroom, Defendants knew thatFILED Received for Filing Oakland County Clerk 2/27/2018 12:19 PM such actions and/or omissions would create a false impression that Garrett Struzik, and other children, were safe at Rainbow Child Care Center of Troy. 99, When Defendants deceived, mislead, defrauded and/or did not disclose the fact that Defendant Ventimiglia had engaged in physical, mental and emotional abuse of Garrett Struzik and other children in her classroom, Defendants intended that the Plaintiff rely on the resulting false impression, 100. When Defendants mislead, lied to, defrauded, concealed and intentionally hid Defendant Ventimiglia’s physical, mental and emotional abuse of children, including but not limited to the minor Plaintiff, Defendants knew the failure would create a false impression that Garrett Struzik was safe at Rainbow Child Care Center of Troy 101. Plaintiff Sarah Struzik believed Defendants’ false statements to be true and, in reliance upon the statements, kept the minor Plaintiff Garrett Struzik in Rainbow Child Care Center of Troy which resulted in him being physically, mentally and/or emotionally harmed by Defendant Jennifer Ventimiglia. 102. Plaintiff Sarah Struzik was intentionally made unaware of Defendant Ventimiglia’s abusive conduct and, thus, kept the minor Plaintiff Garrett Struzik attending Rainbow Child Care Center of Troy, which resulted in him being physically, mentally and/or emotionally harmed by Defendant Jennifer Ventimiglia. 103, The minor Plaintiff was damaged as a result of his parents’ reliance as more fully set forth in paragraphs 16-17 and 22 through 33. 104. That after March 6, 2015 Defendants made representations of material fact that Garrett Struzik had not been harmed by Defendant Ventimiglia.FILED Received for Filing Oakland County Clerk 2/27/2018 12:19 PM 105. The Defendants’ deceiving representations that Garrett Struzik and other children, hhad not been harmed by Defendant Ventimiglia were false when they were made 106, Defendants knew the representations that Garrett Struzik had not been harmed by Defendant Ventimiglia were false when they made them, or Defendants made them reckle: that is, without knowing whether they were true. 107. Defendants made the representations that Garrett Struzik had not been harmed by Defendant Ventimiglia with the intent that Plaintiff rely on them, 108. The minor Plaintiff's parents relied on the representations that Garrett Struzik had not been harmed by Defendant Ventimiglia 109. The minor Plaintiff Garrett Struzik was harmed, injured and damaged as a result of said misrepresentations, deception, fraud, omissions and concealments by Defendants and his parents reliance 110. Plaintiff Sarah Struzik believed Defendants statements to be true and, in reliance upon the statements, kept Garrett in Rainbow Child Care Center which resulted in him being physically, mentally and/or emotionally harmed by Defendant Jennifer Ventimiglia 111, Plaintiff Sarah Struzik believed Defendants’ statements to be true and, in reliance upon the statements, Garrett Struzik did not receive medical attention for his injury until much later and as a result sustained damages. 112, As a result of Defendants’ aforementioned fraudulent conduct and misrepresentations, the minor Plaintiff has suffered and will continue to suffer the injuries, damages, harms and losses as set forth in paragraphs 16-17 and 22 through 33, 113. Defendant > representations, misrepresentations, false statements, omissions, concealments, and otherwise deceptive and fraudulent conduct were intentional and malicious and 24FILED Received for Filing Oakland County Clerk 2/27/2018 12:19 PM have caused the minor Plaintiff to suffer injury, harm, humiliation, outrage, and indignation as set for the more fully herein, entitling the minor Plaintiff to exemplary damages. WHEREFORE, the Plaintiff, hereby demands a judgment in his favor in an amount in excess of twenty-five thousand ($25,000.00) dollars against all of the above named Defendants, together with costs, interest and attomey fees GENERAL NEGLIGENCE AND GROSS NEGLIGENCE OF DEFENDANT REE MIDWEST, INC. 114. Plaintiff r ncorporates and realleges Paragraphs | through 113 as set forth above. 115. That it was the duty of the Defendant REE Midwest, Inc., in connection with its role and business as a child care center, to use ordinary care to ensure the safety of and not expose the children entrusted to its care to harm, including but not limited to the minor Plaintiff, Garrett Struzik, 116. That Defendant REE Midwest, Inc. aka Rainbow Childcare Center, Inc. promised Plaintiff Sarah Struzik and Scott Struzik that their number one priority was to keep children safe. 117. That Defendant REE Midwest, Inc. aka Rainbow Childcare Center, Inc. represented itself as a leader among child care providers in moder safety practices 118, That it was foreseeable that Defendant REE Midwest Inc.'s conduct as described herein, would create a risk of harm to the minor Plaintiff. 119. That the relationship between the Defendant REE Midwest Inc. and the minor Plaintiff gave rise to a legal obligation on Defendant REE Midwest Inc. to act for the benefit of the minor Plaintiff, 120. That the Defendant REE Midwest Inc. also owed the minor Plaintiff a duty of reasonable care due to the relationship between it and the minor Plaintiff, its role and business asa child care center, the closeness of the connection between its conduct and the minor Plaintiff's injury, the high degree of certainty of injury to the minor Plaintiff, and the moral blame attached to its conduct 121. That Defendant REE Midwest Inc. breached the aforementioned duties owed to the minor Plaintiff by: (a) failing to report suspected child abuse/child neglect on several occasions even after the several employees at the Rainbow Childcare Center of Troy reported to it that Defendant Jennifer M. Ventimiglia had improper physical, verbal and emotional contact with serval of the minor children, including the minor Plaintiff Garrett Struzik; (b) allowing Defendant Ventimiglia to continue her employment even after being made aware prior to March 6, 2015 of Defendant Ventimiglia’s physical, emotional and mental abuse of the children at Rainbow Child Care Center of Troy: (c) failing to immediately suspend Defendant Ventimiglia even after being made aware of Defendant Ventimiglia’s physical, emotional and mental abuse of the children at Rainbow Child Care Center of Troy; (@) concealing Defendant Ventimiglia’s conduct from the parents of the children whom Defendant Ventimiglia abused prior to Garrett Struzik injury; (©) failing to inform and otherwise concealing Defendant Ventimiglia’s conduct from the Garrett Struzik’s parents before and after Garrett Struzik’s injury on March 6, 2015; (f) Obstructing and impeding the investigation of the MDHS and lying to the MDHS investigator; (g) Destroying and/or concealing evidence of Defendant Ventimiglia’s conduct. FILED Received for Filing Oakland County Clerk 2/27/2018 12:19 PM (h) Allowing the children in Defendant Ventimiglia’s room, including but not, limited to the minor Plaintiff, Garrett Struzik, to continue to be exposed to harm and danger despite the knowledge of Defendant Ventimiglia’s prior abusive conduct towards the children in her room. (i) failing to act with reasonable care with respect to the safety, protection and welfare of the children at Rainbow Child Care Center of Troy, including but not limited to the minor Plaintiff, Garrett Struzik. 261g Oakland County Clerk 2/27/2018 12:19 PM z & 3 g 3 3 & a a = z (i) failing to provide appropriate care and supervision of the children, including but not limited to the minor Plaintiff Garrett Struzik in violation of MCL 722.111 et seq, MCL 722.621 et seq., R.400.8125, related State statutes and regulations, local ordinances, and the common law; (k) engaging in prohibited discipline of the children, including but not limited to the jor Plaintiff Garrett Struzik, in violation of MCL 722.111 et seq, MCL 722.621 et seq., R.400.8140, other related State regulations and statutes, local ordinances, and the common law; (1) failing to implement a program in accordance with R.400.8179 and in violation of MCL 722.111 et seq, MCL 722.621 et seq., other related State regulations and statutes, local ordinances, and the common law: (m)failing to notify parents of Defendant Ventimiglia’s physical, mental and emotional abuse of children including but not limited to the minor Plaintiff Garrett Struzik, in violation of MCL 722.111 et seq, MCL 722.621 et seq., MIR400.8155, other related State regulations and statutes, local ordinances, and the common law; (n) failing to make a verbal report to the MDHS in in violation of MCL 722.111 et seq, MCL 722.621 et seq., MI R400.8158, other related State regulations and statutes, local ordinances, and the common law; (0) violations of MCL 722.113f, (p) violations of MCL 722.113g; (q) violations of MCL 722.115¢; (r) violations of MCL 722.115 (8) violations of MCL 722.115e; (t) violations of MCL 722.119; (u) violations of MCL 722.120 (v) violations of MCL 722.121b; (w)violations of MCL 722.125; (x) violations of 42 U.S.C. § 9857 et seq and the associated federal regulations promulgated therefrom, including but not limited to 45 CFR Parts 98 and 99, 27FILED Received for Filing Oakland County Clerk 2/27/2018 12:19 PM (y) violations of 42 U.S.C. § 618 et seq and the associated federal regulations promulgated therefrom, including but not limited to 45 CFR Parts 98 and 99. (2) Other acts of negligence that will become known through discovery. 122. Defendant REE Midwest Inc.’s conduct, which proximately caused Plaintiff's injuries and damages, was grossly negligent because it was so reckless that it demonstrated a substantial lack of concern for whether the minor Plaintiff would be injured. 123. Thatas a direct and proximate result of Defendant REE Midwest Inc.’s negligence and gross negligence, the minor Plaintiff has suffered and will continue to suffer the injuries, damages, harms and losses as set forth in paragraphs 16-17 and 22 through 33. WHEREFORE, the Plaintiff, hereby demands a judgment in his favor in an amount in excess of twenty-five thousand ($25,000.00) dollars against Defendant REE Midwest, Inc., together with costs, interest and attomey fees. COUNTX DEFENDANT REE MIDWEST INC.’S NEGLIGEN 3 AND SUPERVISING DEFENDANT JENNIFER VENTIMIGLIA IN HIRIN 124, Plaintiff reincorporates and realleges Paragraphs 1 through 123 as set forth above 125. That Defendant REE MIDWEST, INC. breached a duty owed to the children at Rainbow Child Care Center of Troy, including this minor Plaintiff, in failing to exercise due care in hiring and supervising its employee, Defendant Jennifer Ventimiglia. 126. That the Defendant REE MIDWEST, INC.’s breach of the duty owed to the minor Plaintiff in failing to exercise due care in the hiring and supervising of its employee Defendant Jennifer Ventimiglia, constituted negligence in the hiring and supervising of its employee, Defendant Jennifer Ventimiglia 28FILED Received for Filing Oakland County Clerk 2/27/2018 12:19 PM 127. That Defendant REE MIDWEST, INC. violated MCL 722.111 er seq., MCL 722.621 et. seq. related regulations, local ordinances and the common law in the hiring and supervising of its employee Defendant Ventimiglia, 128. That Defendant REE MIDWI ST, INC, violated 42 U.S.C. § 9857 ef seq related regulations, including but not limited to 45 CFR Parts 98 and 99 and the common law in the hiring and supervising of its employee Defendant Ventimiglia 129. That Defendant REE MIDWEST, INC. violated 42 U.S.C. § 618 ef seq related regulations, including but not limited to 45 CFR Parts 98 and 99 and the common law in the hiri 2 and supervising of its employee Defendant Ventimiglia 130, That as a direct and proximate result of Defendant REE Midwest Inc.’s negligence in hiring and supervising Defendant Ventimiglia, the minor Plaintiff has suffered and will continue to suffer the injuries, damages, harms and losses as set forth in paragraphs 16-17 and 22 through 33. 131. That REE MIDWEST, INC. as a child care organization, is not allowed to needlessly and unnecessarily endanger the safety of the children in its care, including, but not limited to, the minor Plaintiff Garrett Struzik 132. That in the event that the Defendant REE MIDWEST, INC. aka Rainbow Child Care Center chose to operate its child care organization in such way that it needlessly and unnecessarily endangered the safety of the children in its care, including but not limited to, the minor Plaintiff Garrett Struzil and as a result the minor Plaintiff or any other child under its care is harmed, Defendant REE Midwest, Inc. is responsible for that harm, 29FILED Received for Filing Oakland County Clerk 2/27/2018 12:19 PM 133. That Defendant REE MIDWEST, INC. is liable to the Plaintiff for the minor Plaintiff's injuries and damages as set forth previously herein which were a direct and proximate result of its negligence in hiring and supervising its employee, Defendant Jennifer Ventimiglia WHEREFORE, the Plaintiff, hereby demands a judgment in her favor in an amount in excess of twenty-five thousand ($25,000.00) dollars against all Defendant REE MIDWEST, INC., together with costs, interest and attorney fees. COUNT XI VICARIOUS LIABILT DEFENDANT REE MIDWEST, INC. 134, Plaintiff reincorporates and realleges Paragraphs 1 through 133 as set forth herein. 135. That at all times pertinent hereto, Defendants Tiffany N. Davidson, Kathie Pechauer, Gena Sayej and/or Jennifer M. Ventimiglia were employees, agents, and/or servants of Defendant REE MIDWEST, INC. and Defendant REE MIDW! ST, INC. was the principal of Defendants Tiffany N. Davidson, Kathie Pechauer, Gena Sayej and/or Jennifer M. Ventimiglia 136, That at all pertinent times hereto, the Defendants Tiffany N. Davidson, Kathie Pechauer, Gena Sayej and/or Jennifer M. Ventimiglia, were employees, agents and/or servants of Defendant REE MIDWEST, INC. and were acting in the course and scope of their employment with REE MIDWEST, INC 137. That REE MIDWEST, INC. is liable to the Plaintiff under the law of agency, doctrine of Respondent Superior, statutes and/or common law for the negligence, gross negligence, fraud, conspiracy, tortious conduct, breach of fiduciary duties, statutory violations-including violations of MCL 722.623, and/or intentional conduct of Defendants Tiffany N. Davidson, Kathie Pechauer, Gena Sayej and/or Jennifer M. Ventimiglia which resulted in injuries, harms and damages to the minor Plaintiff as previously set forth herein, and which were a direct and1g Oakland County Clerk 2/27/2018 12:19 PM z & 3 g 3 3 & a a = z proximate result of the acts and conduct of its agents and/or employees, Defendants Tiffany N Davidson, Kathie Pechauer, Gena Sayej and/or Jennifer M. Ventimiglia, while they were acting as, agents and/or in the scope of their employment with REE MIDWEST, INC. WHEREFORE, the Plaintiff, hereby demands a judgment in her favor in an amount in excess of twenty-five thousand ($25,000.00) dollars against Defendant REE MIDWEST, INC., together with costs, interest and attomney fees. 138. _ Plaintiff reincorporates and realleges Paragraphs 1 through 137 as set forth herein. 139, That the aforementioned concerted and/or combined acts and omissions of Defendants REE Midwest, Inc., Tiffany N. Davidson, Kathie Pechauer, Gena Sayej and/or Jennifer M. Ventimiglia are jointly and severally liable to minor Plaintiff for all of his injuries and damages. WHEREFORE, the Plaintiff, hereby demands a judgment in her favor in an amount in excess of twenty-five thousand ($25,000.00) dollars against all of the above stated Defendants, together with costs, interest and attomey fees. CHRISTENSEN LAW, BY:/s/ DAVID E. CHRISTENSEN | DAVID E. CHRISTENSEN (P45374) THOMAS N. ECONOMY (P60307) Attorneys for Plaintiff 25925 Telegraph Road, Suite 200 (248) 213-4900/Fax (248) 213-4901 dchristensen@davidchristensenlaw.com teconomy@davidehristensenlaw.com Dated: February 27, 2018DEMAND FOR JURY TRIAL NOW COMES the Plaintiff, SARAH STRUZIK, next friend of GARRETT STRUZIK, a minor, by and through their attorneys, CHRISTENSEN LAW, and hereby demands a trial by jury in the above-entitled matter. CHRISTENSEN LAW, BY./s/ DAVID E. CHRISTENSEN DAVID E. CHRISTENSEN (P45374) THOMAS N, ECONOMY (P60307) Attorneys for Plaintiff 25925 Telegraph Road, Suite 200 (248) 213-4900/Fax (248) 213-4901 dehristensen@davidchristensenlaw.com teconomy@davidehristensenlaw.com Dated: February 27, 2018 1g Oakland County Clerk 2/27/2018 12:19 PM z & 3 g 3 3 & a a = z