IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT KANSAS CITY PETITION

Transcription

1 JANE DOE, v. IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT KANSAS CITY Plaintiff, YAHKHAHNAHN AMMI, Serve at: 9821 E 60th Street #7 Kansas City, MO Defendant. PETITION Case No. Division JURY TRIAL DEMANDED 1716-CV12741 Plaintiff Jane Doe ( Plaintiff ), by and through her counsel Stueve Siegel Hanson LLP and in support of her Petition, hereby alleges as follows against Defendant Yahkhahnahn Ammi ( Ammi or Defendant ): PARTIES 1. Plaintiff Jane Doe is a citizen of Missouri and currently resides in Jackson County, Missouri. 2. Defendant Yahkhahnahn Ammi is a citizen of Missouri and currently resides in Jackson County, Missouri. Ammi previously resided in the City of St. Louis, Missouri. JURISDICTION AND VENUE 3. This Court has personal jurisdiction over Ammi because he is a resident and citizen of Missouri and is currently domiciled in Jackson County, Missouri. 4. Venue is proper in this Court pursuant to Mo. Rev. Stat because Plaintiff was injured in Jackson County, Missouri and the facts giving rise to the cause of action took place within Jackson County, Missouri.

2 FACTUAL ALLEGATIONS 5. Plaintiff is a young woman residing in downtown Kansas City, Missouri. Plaintiff recently completed her first year of professional school. 6. On the evening of January 27, 2017, Plaintiff planned to attend a social function hosted by a graduate school fraternity associated with Plaintiff s professional program. The event took place at an event space less than two miles from Plaintiff s apartment, with a post-event gathering to be held at a lounge in the Power & Light district in downtown Kansas City. 7. At approximately 7:16 p.m., Plaintiff used the Uber application on her phone to summon a ride from her apartment in downtown Kansas City to take her to the event. Plaintiff was paired with Ammi as her Uber driver. The Uber arrived at approximately 7:21 p.m. 8. When Plaintiff got in the vehicle, Ammi asked Plaintiff a series of questions about her personal life, including details about the event she was attending. Plaintiff told Ammi where she attended school and details about the event. 9. Ammi capitalized on this opportunity and insisted that because he had an SUV, Ammi would pick up Plaintiff and her friends after the event. 10. Plaintiff attended the event with her classmates. After several hours, Ammi texted Plaintiff: Having fun? and asked whether Plaintiff and her friends were ready to be picked up. Plaintiff later responded yes. 11. Plaintiff and her classmate got in Ammi s car and requested that he take Plaintiff by her apartment to change her shoes, before dropping them off in the Power & Light district. Plaintiff was visibly intoxicated at this time, which was known and obvious to Ammi. 12. Ammi then dropped Plaintiff and her classmate at the Power & Light district, again insisting that he pick them up after the event. 2

3 13. Ammi arrived at the Power & Light district at some time after 1:40 a.m. to pick up Plaintiff. Plaintiff was obviously intoxicated and had a difficult time locating Ammi s vehicle. 14. After she was dropped off at her apartment and as she was preparing to go to bed, Plaintiff received multiple telephone calls from Ammi. Plaintiff eventually answered and Ammi told Plaintiff that he was in front of her apartment and needed to use the restroom. 15. Plaintiff let Ammi into her apartment building, which did not have a public restroom on the ground floor. After letting Ammi use the restroom in her apartment, Ammi refused to leave the apartment despite multiple requests from Plaintiff to do so. Ammi then raped Plaintiff while she was in a highly-intoxicated state. 16. The incident was reported to police and Plaintiff gave official statements to detectives within the Kansas City Police Department (KCPD). The KCPD has collected evidence and a criminal investigation is open and ongoing. 17. Following the rape, Ammi attempted to contact Plaintiff for several weeks via different phone numbers. In order to protect herself from Ammi, Plaintiff changed phone numbers, moved apartments, and filed an order of protection against Ammi. 18. On May 30, 2017, a full order of protection was granted against Ammi, prohibiting Ammi from contacting Plaintiff in any manner. 19. In addition to the physical trauma she experienced, Plaintiff continues to suffer severe emotional distress as a result of the rape. She has exhibited symptoms of post-traumatic stress syndrome and struggled to complete her second semester of school. Plaintiff was prescribed anxiety medication and is currently in therapy as a result of the sexual assault. COUNT I ASSAULT AND BATTERY 3

4 20. Plaintiff alleges and reasserts all of the preceding paragraphs as if fully set forth herein. 21. Ammi used his cover as an Uber driver to intentionally case Plaintiff and take advantage of her in an intoxicated state. 22. Ammi encouraged Plaintiff to exchange numbers under the guise of providing a safe ride home in his capacity as an Uber driver. 23. After Plaintiff sought a safe ride home, Ammi intentionally manipulated Plaintiff and her friends in order to get Plaintiff alone in his car at the end of the evening while presenting himself as someone tasked with assuring Plaintiff s safety. Ammi took advantage of Plaintiff s trust by using a ruse to get inside Plaintiff s apartment while Plaintiff was in a highly-intoxicated state, and then sexually assaulted Plaintiff without her consent. 24. In so doing, Ammi attempted to injure Plaintiff and did in fact intentionally injure Plaintiff by sexually assaulting her without consent. 25. Ammi s conduct was unlawful and unjustified. 26. Ammi had the ability to injure Plaintiff and did in fact injure Plaintiff. 27. As a direct and proximate cause of Ammi s assault and battery, Plaintiff has sustained and will sustain physical injury, pain and suffering, serious psychological and emotional distress, mental anguish, embarrassment and humiliation. Plaintiff has also incurred medical expenses, professional expenses, lost future income, and other economic damages. 28. Plaintiff is entitled to punitive damages as the result of Ammi s egregious and unconscionable conduct. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays that the Court enter judgment in her favor and against 4

5 Defendants, containing the following relief: A. An award of damages in an amount to be determined at trial, plus prejudgment interest, to compensate Plaintiff for all physical, monetary and/or economic harm; for harm to her professional and personal reputations and loss of career fulfillment; for all non-monetary and/or compensatory harm, including, but not limited to, compensation for mental anguish and physical injuries; all other monetary and/or non-monetary losses suffered by Plaintiff; B. An award of punitive damages; C. An award of costs that Plaintiff has incurred in this action, as well as Plaintiff s reasonable attorneys fees and expenses to the fullest extent permitted by law; and D. Such other and further relief as the Court may deem just and proper. JURY DEMAND Plaintiff hereby demands a trial by jury on all issues of fact and damages stated herein. Dated: June 2, 2017 Respectfully submitted, STUEVE SIEGEL HANSON LLP By: s/ Norman E. Siegel Norman E. Siegel (No ) Steve Six (No ) J. Austin Moore (No ) STUEVE SIEGEL HANSON LLP 460 Nichols Road, Suite 200 Kansas City MO Tel: (816) Fax: (816) siegel@stuevesiegel.com six@stuevesiegel.com moore@stuevesiegel.com 5