IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

Transcription

1 IN THE SUPERIOR COURT OF THE STATE OF DELAWARE ELIZABETH MYERS C.A. No. Plaintiff, v. CATHY BRIGGS TRIAL BY JURY OF 12 DEMANDED Defendant. COMPLAINT COMES NOW, the Plaintiff, by and through her attorney, Timothy G. Willard, Esquire, who does complain of the Defendant as follows 1. Plaintiff, Elizabeth Myers, ( Myers ) is a resident of the State of Delaware, having an address of 142 Cornwall Road, Rehoboth Beach, Delaware, Defendant, Cathy Briggs, ( Briggs ) is a resident of the State of Delaware, having an address of 147 Cornwall Road, Rehoboth Beach, Delaware, FACTS 3. Myers and Briggs are neighbors; 142 Cornwall Road and 147 Cornwall Road are located almost directly across the street from each other. 4. Plaintiff, Elizabeth Myers owned a healthy, active, 8 year old Labrador Retriever named Wylie ( Wylie ). 5. Wylie was a Nationally Certified Therapy Dog, that along with Myers, worked with over 60 people through Delaware Guidance Services and Paws for People assisting victims of trauma. 6. Beginning in May of 2014 and continuing until April 2016, Myers was subjected to numerous harassing outbursts from Briggs. These outbursts included obscene threats being yelled from Briggs home directed at Ms. Myers and her dog, Wylie. The threats made numerous

2 references to killing Wylie and Myers. 7. On September 16, 2014 Briggs, entered Myers property and threw drainage stones on the property. This encounter was recorded. Delaware State Police were called and Briggs was informed by Police that if she comes onto Myers property again she will be arrested. 8. On June 25, 2015 Wylie began to exhibit sudden signs of illness including vomiting. 9. On June 26, 2015 Wylie succumbed to this sudden illness with horrific anal bleeding. 10. The treating veterinarian on June 26, 2015 performed blood work which indicated acute renal failure and made a preliminary diagnosis of possible acute poisoning based on the symptoms Wylie suffered and as the cause of death. 11. On July 3, 2015 Briggs was walking her dog on Myers property. While on Myers property, Briggs began yelling threatening and obscene things to Myers. 12. On July 23, 2015 Myers was inside her home socializing with houseguests. Briggs contacted Delaware State Police reporting that Myers and her guests were laughing at her. The police investigated and found the call to be unfounded. 13. On August 8, 2015, approximately six (6) weeks after Wylie s death, Myers heard an outdoor conversation between Briggs and her new next door neighbor. In this conversation Briggs was asked directly if she killed that woman s dog. While pointing at Myers house Briggs answered in the affirmative and advised the man to watch his dog too. A cell phone video recording was made of this conversation by the Myers. 14. On November 6, 2015 Myers recorded Briggs saying, I hate you more than anyone on this earth. Fuck you. Your dog deserved to die. 15. On December 7, 2015, another neighbor informed the Plaintiff that they were verbally attacked by Briggs. Briggs, through her yelling, informed the neighbor I killed one dog and

3 yours is next! 16. On April 20, 2016, Briggs verbally assaulted Myers while on her property saying, You are a piece of shit. You are spineless. This personal tirade was also recorded. Harassment 17. Plaintiff re-alleges the facts contained in paragraphs 1 through 16 as set forth 18. During the time period of May 2014 through April 2016, Plaintiff Myers was subjected to insults, taunts, challenges and threats by the Defendant on numerous occasions. 19. The Defendant continued to engage in this distressing conduct, repeated, annoying and alarming threats and insults, despite being warned by police which caused Myers to suffer fear, alarm, distress, depression and post-traumatic stress disorder. This conduct also has decreased the value of Myers home and she has had to install security cameras at considerable cost. Intentional and Negligent Infliction of Emotional Distress 20. Plaintiff re-alleges the facts and claims contained in paragraphs 1 through 16 as set forth 21. The extreme and outrageous conduct of the Defendant throughout the course of her confrontation of Myers, including killing Wylie, for which Briggs took credit caused Myers to experience a emotional distress including grief, fear, anxiety, depression and post-traumatic stress disorder. Criminal Mischief 22. Plaintiff re-alleges the facts and claims contained in paragraphs 1 through 16 as set forth 23. Defendant Briggs intentionally, recklessly, and negligently caused harm, suffering and death to Myers s dog Wylie.

4 24. Wylie was not only a loved and cherished pet and companion to Myers, he also was a well-trained, accomplished, voice trained Nationally Certified Therapy Dog that treated many patients. The emotional impact of Wylie s sudden violent death has caused Myers significant pain and suffering. The value of Wylie in the market place is much more than a normal pet. Private Nuisance 25. Plaintiff re-alleges the facts and claims contained in paragraphs 1 through 16 as set forth 26. Plaintiff Myers was denied use and enjoyment of her property due to the constant insults, profanity and threats made by the Defendant. This denial of enjoyment caused her personal suffering and loss of value in her home. Trespass 27. Plaintiff re-alleges the facts and claims contained in paragraphs 1 through 18 as set forth 28. On several occasions, Defendant Briggs knowingly and intentionally entered the Plaintiff s property without permission or invite. 29. Defendant Briggs was warned by Delaware State Police to stay off the Plaintiff s property on September 16, WHEREFORE, Plaintiff, Elizabeth Myers, demands judgment against the Defendant, Cathy Briggs in such sum as the Court shall determine together with prejudgment and postjudgment interest, punitive damages, compensatory, consequential and incidental damages, attorneys fees, costs and such other relief as shall be just and proper under the circumstances. FUQUA, YORI AND WILLARD, P.A.

5 Dated TIMOTHY G. WILLARD, ESQUIRE Bar ID# The Circle, P.O. Box 250 Georgetown, Delaware (302) Attorney for Plaintiffs