Personal Injury
Defective ProductsPersonal Injury Legal Cases
Teenager Dies in Bizarre Religious Ritual
In The Eighth Judicial District of The State of Nevada
In And For The County Of Clark
Attorneys for Plaintiff (Pro Hac Vice Application Pending)
COMPLAINT FOR DAMAGES AND DEMAND FOR TRIAL BY JURY
IN THE EIGHTH JUDICIAL DISTRICT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF CLARK
A - 11 - 642421 - C
CASE NO.
COMPLAINT FOR WRONGFUL DEATH FOR:
- NEGLIGENCE;
- STRlCT PRODUCT LIABILITY
BRIDGETTR JENNINGS Benbo,
Individually, as the successor in interest to,
and personal representative of
BRIANNA BENBO. Deceased,
Plaintiff,
VS.
CHURCH OF DlVINE APPOINTMENT,
aka, THE MOMENT OF TRUTH
MINISTRIES, INC., A Nevada
Corporation; OLORIES POWELL, LULA
DAVIS, ond DOES I through 50. inclusive,
Defendants
DARNELL CURTIS BENBO-WILL1AMS
Nominal Defendant.
COMES NOW, plaintiff BRIDOEITE JENNINOS~BENBOt individually as the successor in interest to, and persona) representative ofBRIANNABENBO,deceased, and for causes of actioD again!tt defendants. and each of them. dces•~~eby allege as follows:
PARTIES. JURISDICTION AND VENUE1. This is an action arising out of the wrongful death of decedent BRIANNA BENBO., a minor age 16, which occurred in County of Clark, State of Nevada, on July 7, 2010.
2. At all times herein mentioned, plaintiff BRIUDGETTE JENNINGS-BENBO was and is an individual and a resident of the County of Clark, State of Nevada.
3. At all times herein mentioned, as the natural mother and a surviving heir of her daughter, decedent BRTANNA BENBO plaintiff BRlDGETTE JENNlNGS-BENBO was and is authorized, pursuant to N.R.S. § 41.085(2), to bring this action for the wrongful death of " BRIANNA BENBO for those pecuniary damages permitted under N.R.S. § 41.085(4.) as alleged herein below.
4. At all times herein mentioned, and pursuant to N.R.S. § 41.085(2 and 5), plaintiff is also authorized to bring this action, as the personal representative of decedent BRIANNA BBNBO, for special damages including medical, funeral and burial expenses, suffered up to and prior to decedent's death, as well as exemplary and punitive damages which the decedeht could have recovered had the decedent survived.
5. At --all -times herin mentioned, defendant CHURCH OF DIVINE APPOINTMENT, aka, THE MOMENT OF.TRUTH MINISTRIES, INC., a Nevada Corporation, was and is a corporation duly orgainized and existing under the laws of the State of Nevada, with a principal place of business in the City of Las Vegas, County of Clark State of Nevada (hereinafter "CHURCH").
6. At all times herein mentioned, defendants "GLORlES POWELL LULA DAVIS, and DOES 1 through 50; inc1usive,"were and are individuals and residents of the County of Clark, State of Nevada.
7. At all times herein mentioned, nominal defendant DARNELL CURTIS BENBO-WILLIAMS was and is a resident of the County of Multnomah, State of Oregon. DARNELL CURTIS-BENBO is decedent's natural father and thus an heir of decedent, and is thus named herein as a normal defendant only.
8. Plaintiff BRIDGETTE JENNINGS-BENBO is a successor in interest to BRIANNA BENBO, a minor 16 years of age, deceased, and succeeds this cause of action because there is no administrator/administratrix of the estate of BRIANNADENBO, deceased, has been appointed.
9. The true names and/or capacities, whether individual, corporate, associate, or otherwise of defendant DOES 1 through 50, inclusive and each of them are unknown to the Plaintiff, who therefore sues said defendants by such fictitious names. When the true names and or capacities of said defendants are ascertained, Plaintiff will seek leave of this Court to amend the Complaint accordingly.
10. Plaintiff is informed and believes, and based thereupon alleges, that each defendant designated herein as a DOE was responsible, negligently or in some other actionable manner, for the events and happenings herein referred to which proximately caused the damages to the Plaiiltiff 's hereinafter alleged, either through said defendant's own negligence or throllgh the conduct as its agents, servants, employees or representatives in some other manner.
11. Plaintiff is informed and believes, and based thereupon alleges, that at all times mentioned herein the defendants and each of them were the agents, servants, employees, representatives and/or joint ventures of their co-defendants and were, as such acting within the course, scope and authority of said agency, services, employment, representation and or joint venture in that each and every defendant, as aforesaid when acting as principal, was negligent in the selection and hiring of each and every other defendant as an agent, servant, employee; representative and/or joint venturer.
12. Venue is proper in this Eighth Judicial District, betause all of the action, omissions, consequences and damages alleged herein' occurred within the County of Clark, State of Nevada.
13. Plaintiff is informed and believes, and thereon alleges that, at all times herein mentioned, Defendants "GLORIES POWELL, LULA DAVIS, and DOES 1 through 50, inclusive (hereinafter "Individua1 Defendants"), were and are shareholders, trustees, managers, owners of stock, members, partners, promoters, officers, directors, managing agents or employees of Defendant CHURCH.
14. Plaintiff alleges on information and belief that before and at the time of the incident which is the subject of this action, a unity of interest and ownership existed between the Individual Defendants and the CHURCH, such that any individuality and separateness between them ceased to exist. Plaintiff is further informed and believes and, based thereon, alleges that the CHURCH was and is the alter ego or mere instrumentality of the Individual Defendants because of, among other things, the following:
A. The Individual Defendants were and are shareholders, trustees, managers, owners of stock, members, par1ners, promoters, officers, directors, managing agents or employees of the CHURCH;
B. The Individual Defendants manage and exercise complete control, authority and dominance over the CHURCH to such an extent that any individuality or separateness between them does not, and at all times mentioned herein, did not exist;
c. The assets of the Individual Defendants and CHURCH are commingled and not properly segregated;
D. The failure to maintain minutes or adequate corporate records of the CHURCH and the confusion of the records between the separate CHURCH and the individual Defendants;
E. The identical ownership of some, if not all, of the Individual Defendants in the Church
F. The sharing, commingling and/or employment of the same employees, administrators, managers, supervisors, directors and/or officers between the CHURCH;
G. The sharing, commingling and/or employment of the same attorneys for the Individual Defendants as well as the CHURCH;
H. The failure to adequately capitalize the CHURCH despite actual knowledge of the business in which they were involved and the risks ofloss and damages attendant to such a business;
I. The concealment of the identity of the persons who have ownership and a financial interest in the CHURCH;
J. The failure to maintain an arm's length relationship among the CHURCH; and
K. The use of the CHURCH with the sole intent to shield against personal liability without adequately capitalizing the CHURCH;
15. Plaintiff alleges that an adherence to the fiction of the separate existence of the CHURCH as distinct from the Individual Defendants would permit an abuse of the corporate privilege and would sanction fraud and promote injustice by allowing the Individual Defendants to, among other things:
A. Operate a business whose capital is illusory or trifling in light of the risk of injury am I death which is attendant to such a business;
B. Impermissibly redirect the risk of loss directly onto a segment of the population that the Legislature has deemed is especially subject to the risk of abuse, neglect and abandonment;
C. Commit a fraud upon the public by inducing them to believe that the CHURCH was adequately capitalized to compensate victims for the foreseeable losses that can be expected to occur in the day to day activities of the CHURCH;
D. Escape personal liability bys etting up flimsy and undercapit3:lized organizations at the expense of parishioners of the CHURCH.
FIRST CAUSE OF ACTION - WRONGFUL DEATH
(General Negligence - As Against All Defendants)
16. Plaintiff realleges and incorporates by reference each of the allegations of paragraphs 1 through 14, above, as though full set forth herein.
17. On or about July 6, 2010, plaintiffs decedent BRIANNA BENBO, while a parishioner attending services at defendant CHURCH was negligently, willfully, wantonly, carelessly, recklessly and tortiously given medication by the defendants prefatory to a religious ritual fast which medication contained unbeknownst to plaintiffs decedent, inter alia, bee pollen and certain other chemical compounds which were toxic and poisonous to plaintiff's decedent, which the defendants and each ofthel11, instructed, induced and insisted plaintiffs decedent to ingest.
18. As a direct and legal result of the aforementioned administration by defendants and ingestion by plaintiffs decedent of those certain toxic and poisonous substances furnished by the defendants, and each of them, plaintiffs decedent suffered respiratory and cardiac arrest and failure, and subsequently died within four (4) hours of consuming the aforementioned toxic and poisonous substances furnished and administered by the defendants, and each of them.
19. As a further' direct and legal result of aforementioned death of plaintiffs decedent, plaintiff's the natural mother and a surviving heir of the decedent, has suffered, and is entitled pursuant to N.R.S. § 41.085(4) to recover pecuniary damages for her grief, mental anguish, sorrow, physical pain, lost probable support, lost moral support, lost companionship, lost society, lost comfort, and mental and physical pain and suffering, in an amount of at least $10,000, according to proof at trial.
20. As a further direct and legal result of aforementioned death of plaintiff's decedent plaintiff acting as the personal representative of the decedent entitled to maintain all actions on decedent's behalf has suffered; and is entitled pursuant to N.R.S. § 41.085(4) to recover, special damages; including medical expenses incurred by the decedent up to her death, as well as funeral and burial expenses according to proof at trial.
21. Plaintiff further alleges that, despite fully knowing that furnishing and administering such toxic and poisonous substances to plaintiffs decedent involved a substantial risk and probability that serious injury or death would occur to plaintiffs decedent following her ingestion of such subtances; defendants nonetheless instructed, induced, and insisted that plaintiffs decedent ingest said toxic and poisonous substances, as part of a zealous religious fasting ritual, thus exhibiting a conscious disregard for the health and safety of plaintiffs decedent, by willfully and deliberately ignoring and failing to avoid the likely risks of death or serious injury posed by such conduct to plaintiffs decedent and which conduct did in fact cause the death of plaintiffs decedent, thus entitling plaintiff, as the personal representative of plaintiff's decedent, to punitive damages pursuant to N.R.S. § 2 42.001(1).
22. Pursuant to N.R.S. 41.085(5), as the personal representative of decedent, plaintiffis entitled to recover said punitive or exemplary damages against said defendants, and each of them, which decedent BRIANNA BENBO would have recovered, had she lived, pursuant to the provisions of N.R.S. § 42.005(1).
23. Plaintiff further alleges that, at all times herein mentioned, defendant, CHURCH, and DOES 11 through 50, inclusive, had advance knowledge that the other defendants under its employ were unfit for the purposes of employment, yet nonetheless employed said employees with a conscious disregard of the rights and safety of others, including Plaintiffs decedent, and/or expressly authorized and/or ratified the wrongful conduct of each of the individual Defendants herein under its employ, with a conscious disregard of the rights and safety of others, including Plaintiffs decedent.
SECOND CAUSE OF ACTION - WRONGFUL DEATH (Strict Product Liability-- As Against All Defendants)
24. Plaintiff realleges and incorporates by reference each of the allegations of 17 paragraphs 15 through 22, above, as though full set forth herein.
25. At all times herein mentioned, defendants and each of them, designed, constructed, synthesized, apothecated, formulated, blended, modified, manufactured, supplied, distributed, retailed, wholesaled, those certain compounds and chemicals products in capsulated form, which they supplied and distributed to the plaintiff's decedent and which defendants, and each of them, knew would be consumed by the public, including plaintiff's decedent, without inspection for defects.
26. At all times herein mentioned, said compounds and chemicals products in capsulated form, were defective and unreasonably dangerous for use by the public and plaintiffs' decedent, in that they contained certain toxic and poisonous substances which presented a risk of serious injury and death to consumers of such products of which defects defendants, and each of them, also had a duty to warn plaintiff's decedent and other members of the public.
27. As a direct and legal result of the defectiveness of said compounds and chemicals products in capsulated form, as well as defendants' failure to warn of said defects therein, arising from defendants design, construction, synthesization, apothecation, formulation, blending, modification, manufacture, supply, distribution, retailing, and wholesaling of said capsulated products, Plaintiff has suffered damages as alleged herein.
28. Plaintiff further alleges that, despite fully knowing that said capsulated products 8 contained toxic and poisonous substances to plaintiff's decedent and thus involved a substantial risk and probability that serious injury or death would occur to plaintiffs decedent following ingestion of such substances, defendants nonetheless willfully exposed plaintiff's decedent to the risk of death and serious injury from ingestion of such defective products, and from defendants' failure to warn of those defects, thus exhibiting a conscious disregard for the health and safety of plaintiff's decedent, by willfully and deliberately ignoring and failing to avoid the likely risk., of death or serious injury posed by such conduct to plaintiffs decedent and which conduct did in fact cause the death of plaintiffs decedent, thus entitling plaintiff, as personal representative of plaintiff's decedent, to punitive damages pursuant to N.R.S. § 17 42.001(1).
29. Pursuant to N.RS. 41.085(5), as the personal representative of decedent, plaintiff's entitled to recover said punitive or exemplary damages against said defendants, and each of them, which decedent BRlANNA BENBO would have recovered; had she lived, pursuant to the provisions of N.R.S. § 42.005(1).
WHEREFORE; plaintiff prays judgment against defendants and each of them as follows:
Prayer
- For an award of general and special damages in an amount of at least $10,000, according to proof at trial;
- For punitive and exemplary damages in amounts commensurate with the wealth of the defendants and sufficient to punish defendants and deter them from engaging in similar conduct in the future.
- For costs of suit herein; and
- For such other and further relief as this Court may deem just and proper
Jury Demand
Plaintiff, through her undersigned attorneys, hereby demands a trial by jury of all legal issues triable of right by jury.
DATED: June 1, 2011 Bisnar | Chase Personal Injury Attorneys, LLP
By: ______________________________________
BRIAN D. CHASE, ESQ.
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