Lawsuit

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

STACY STEVENS, as Personal Representative of the ) Estate of Scott Stevens, Deceased, ) ) Plaintiff, ) ) vs. ) ) Civil Action No. __________ ) MTR GAMING GROUP, INC., d/b/a ) MOUNTAINEER CASINO, RACETRACK & ) RESORT, and INTERNATIONAL GAME ) TECHNOLOGY, INC., ) )

Defendants. )

COMPLAINT FOR DAMAGES

Plaintiff Stacy Stevens, as Personal Representative of the Estate of Scott Stevens, for her

complaint against the Defendants, MTR Gaming Group, Inc., d/b/a Mountaineer Casino,

Racetrack & Resort, and International Game Technology, Inc., states as follows:

PARTIES, JURISDICTION AND VENUE

1. Plaintiff, Stacy Stevens, is filing this case in a representative capacity as the

Personal Representative of the Estate of Scott Stevens, Cause # 2014 ES 255, having been duly

appointed as such by the Jefferson County Probate Court, Steubenville, Ohio. Stacy Stevens

husband, Scott Stevens, was a citizen of the State of Ohio at the time of his death on August 13,

2012.

2. MTR Gaming Group (MTR) owns and operates Mountaineer Casino,

Racetrack & Resort (Mountaineer Casino), which, at all material times, was a commercial

Case 5:14-cv-00104-FPS Document 1 Filed 08/07/14 Page 1 of 20 PageID #: 1

sedoskyTypewritten Text5:14-cv-104 (Stamp)

sedoskyTypewritten TextElectronically Filed:August 7, 2014

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gambling casino in Chester, West Virginia. Defendant MTR is, and at all material times has

been, a corporation duly organized and existing under the laws of the State of Delaware. Its

principal offices are in Chester, West Virginia.

3. International Game Technology (IGT) specializes in the design, development,

manufacturing, distribution, and sales of computerized commercial gambling equipment,

software, and network systems worldwide. IGT is, and at all material times has been, a

corporation duly organized and existing under the laws of the State of Nevada. Its principal

offices are in Reno, Nevada.

4. IGT manufactured and sold or leased gambling slot machines used by Scott

Stevens when he visited Mountaineer Casino.

5. The claims set forth in each of the Counts of the Complaint are between citizens

of different states, and Plaintiff is claiming more than $75,000 in damages, exclusive of interest

and costs, so that federal jurisdiction is supported by 28 U.S.C. 1332.

6. Venue of this case is appropriate in the United States District Court for the

Northern District of West Virginia Venue, pursuant to 28 U.S.C. 1391(b) and (c). Defendants

reside, are licensed to do business and are doing business, and/or are found in this judicial

district. All or a substantial part of the events or omissions giving rise to Plaintiffs claims

occurred in this judicial district.

INTRODUCTION

7. On August 13, 2012, Scott Stevens asked his 13-year-old daughter to get his

hunting bag from the attic. She did not know that a short time later he would take the gun out of

it and kill himself.


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8. There were other surprises. Scott Stevens had become addicted to slot machines.

In desperation, to support his addiction, he had embezzled over $7 Million from the company

where he was CFO. His family did not know.

9. When his embezzlement was discovered by an IRS audit, Scott Stevens confessed

to his employer that the money was gone. He was fired.

10. Scott Stevens continued the secret of where the money had gone, not telling his

wife how much he had embezzled, or that he had a gambling habit that he could not control.

11. After he was fired and had no source of income, he still continued to gamble,

going almost daily over the next ten months to the Mountaineer Casino where he emptied his

familys savings, 401(k) account, and childrens college funds.

12. On August 13, 2012, in a last, desperate effort to gamble, he withdrew the

remainder from the 401(k) account and visited the slots. The family money was gone. Later, at a

local park that he had helped develop, he called 9-1-1. When the sheriffs arrived, he pulled the

trigger.

13. Cases like this where patrons become addicted to slot machines, embezzle, face

imprisonment, and commit suicide are familiar occurrences to the gambling industry.

14. Slot machines are gambling devices, mostly used in casinos, with three or more

actual or virtual reels that spin, or appear to spin, when a button is pushed. A person playing a

slot machine purchases the right to play by inserting cash, tickets that have been purchased with

cash (or credit), or player club cards containing credit, into a designated slot on the machine. The

outcomes of each spin are based on mathematical algorithms programmed into the machines

microprocessor and are shown to players via symbols displayed on its reels. A modern slot


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machine incorporates a sophisticated computer, designed and engineered to create, cause, and

encourage fast, continuous, and repeat betting.

ALLEGATIONS AS TO WRONGFUL ACTS

15. Mountaineer Casino, MTR, and IGT have knowingly and intentionally taken

advantage of casino patrons, exploiting, and causing harm to them, by employing and concealing

the present state of gambling with slot machines, to-wit:

a. Modern slot machines are engineered to promote longer, faster, and more

intensive play, and to cause players to lose track of time and money. This design formula

yields a product that, for all intents and purposes, approaches every player as a potential

addicti.e. as someone who does not stop playing until his means are depleted.

b. Even when played as intended, slot machines cause users to suffer losses

and other detrimental effects.

c. Modern slot machines create, encourage, sustain, and exploit behaviors

associated with addiction (e.g., longer, faster, more intensive play). They

are known as a high-intensity form of gambling and are associated with higher rates of

addiction than any other form of gambling.

d. Casinos depend on problem and pathological gamblers as the most reliable

and substantial source of slot machine revenue.

e. Problem and pathological gambling is more widespread than many

gambling industry leaders claim.

f. Research on gambling in America is largely funded by the gambling

industry.


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g. Research on problem and pathological gambling funded by the gambling

industry focuses overwhelmingly on the individual susceptibility to and pathology of

gambling addiction while ignoring, minimizing, or avoiding research into machine

design, player profiling, targeted marketing campaigns, and other industry practices,

casino factors, and technological innovations that foster gambling addiction.

h. Problem and pathological gambling adversely affects individuals, their

families, and their communities.

i. Each of the allegations of Pleading Paragraphs 15-a to 15-h above applies

specifically to the circumstances by which the named defendants caused harm to Scott

Stevens, his estate, and his family.

16. IGT manufactures slot machines. Mountaineer Casino purchases, uses, and

promotes IGTs slot machines in its casino.

17. The medical diagnosis of disordered gambling, recognized as a form of addiction

in the medical literature, is known or ought to be known by Mountaineer Casino, MTR, and IGT,

and by each defendants agents and employees. During the period from January, 2007 until

August 13, 2012, when Scott Stevens was a regular patron at Mountaineer Casino, he became

addicted to slot machines. The casino knew or should have known about Scott Steven's gambling

problem.

18. Mountaineer Casino knowingly and willingly takes unfair advantage of patrons with

gambling disorders, like Scott Stevens, by, but not limited to, the following actions:

a. Encouraging such persons to gamble, even when it knows that, according

to the DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS, (both the 4th and


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5th Editions) published by the American Psychiatric Association, such persistent and

recurrent maladaptive gambling behavior is indicated by four (or more) of the following:

a person

(1) is often preoccupied with gambling;

(2) needs to gamble with increasing amounts of money in order to

achieve the desired excitement;

(3) has repeated unsuccessful efforts to control, cut back, or stop

gambling;

(4) is restless or irritable when attempting to cut down or stop

gambling;

(5) gambles when feeling distressed;

(6) after losing money gambling, often returns another day to get even;

(7) lies to family members, therapists, or others to conceal the extent

of involvement with gambling;

(8) has jeopardized or lost a significant relationship, job, or

educational or career opportunity because of gambling;

(9) relies on others to provide money to relieve a desperate financial

situation caused by gambling.

b. By tracking and marketing in a targeted fashion to these highly profitable

patrons, to stimulate them to gamble even more.

c. By offering them enticements to gamble, such as free hotel rooms, meals,

and gifts;


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d. By extending lines of credit to casino patrons in amounts and by methods

that no reputable business would arrange and which credit terms are not

bargained for, but are tendered by way of adhesion contracts to patrons in

psychological distress induced, in part, by the casinos and the slot

machine manufacturers conduct.

e. By the notable failure to train casino employees as to the proper actions to

commence to avoid taking undue advantage of patrons addicted to

gambling, and instead encouraging such employees to take advantage of

such addicted patrons by using a range of means to extract further profits

from them.

19. Mountaineer Casino knew, or should have known, that the condition of disordered

gambling, especially slot machine addiction, is associated with severe adverse health and other

consequences for individuals and their families. Not only are gambling addicts like Scott Stevens

liable to literally gamble away everything they own and end up in crippling debt, but also to

become suicidal at far higher rates than the general population and even the population of

persons addicted to substances such as illegal drugs or alcohol. About half the individuals in

treatment for a gambling disorder have suicidal ideation, and about 17% have attempted suicide.

20. While it is not alleged that Mountaineer Casino owed a duty to protect Scott

Stevens from himself, Mountaineer Casinos direct profit from his harmful behavior, its

knowledge of the facts of his excessive, out-of-control behavior, and its further knowledge of the

foreseeability of the harm to problem and pathological gamblers such as Scott Stevens created a

duty on the part of Mountaineer Casino to exercise reasonable care under those circumstances,


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and to avoid affirmative actions to take advantage of such a patron; in other words, Mountaineer

Casino had a duty to protect Scott Stevens from itself. Such duty is that of reasonable care to

avoid causing him, his estate, and his family, mental, physical, and economic injuries or harm.

21. Scott Stevens did not voluntarily become addicted to gambling. The algorithms

that govern slot machines win/loss functions have been intentionally concealed by IGT from

patrons. Users do not know, and are not warned, that the machines are designed to cause and

foster the loss of will power and rational decision-making capacities. There are no appropriate

warnings on the slots; indeed, the obfuscation is intentional and strategic on the part of the

manufacturer to maximize time on device.

22. No other form of gambling is known to manipulate the human mind as much as

slot machines. Playing these machines produces in numerous gamblers a trance-like state in

which their ability to make rational decisions is eroded. Players become addicted to a

dissociated mental state of diminished self-awareness and the suspension of a sense of time,

money value, and ones immediate surroundings. Slot machines cause and foster physical

changes in brain functioning and behavior of patrons, such as Scott Stevens, and cause and

contribute to their loss of willpower to the extent that patrons desire to continue in this

dissociated state even when doing so is irrational or unhealthy. Their inability to stop losing

time and money to these gambling machines is not a failure to exercise willpower but, rather, an

effect of physiological changes that erode and weaken willpower.

23. Machine gambling is a potentially inexhaustible activity; the activity ends only

when a person self-stops, or when his financial resources are depleted. The operational logic of

slot machine design and mathematical programming is to erode gamblers capacity to self-stop


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and in this way to keep them seated and playing until their funds are depleted, and in this sense

they approach every gambler as a potential addictthat is, as someone who cannot stop until his

funds are gone.

24. Unknown to gamblers when they begin to gamble is their markedly increased

chance of attempting suicide, and succeeding in the attempts, as a result of becoming trapped in

the psychological loss of control, caused, in whole or part, by use of the machines, including

those provided to patrons by the defendants. However, the fact that use of slot machines can

cause, or materially contribute, to social, mental, and physical harm to users and increase the

chance of attempting and/or committing suicide is known to MTR and to Mountaineer Casino,

and IGT. In light of this knowledge, along with Mountaineer employees direct witnessing of

Scott Stevens problem gambling behavior and the data that management kept on file on the time

and money he spent at the casino, his suicide was a foreseeable event and yet no attempts were

made to intervene.

25. Scott Stevens died on August 13, 2012. The respected business executive,

married father of three daughters, community leader, and company Chief Financial Officer well-

acquainted with the value of money, left a suicide note apologizing for his addictive behavior,

stating that the gambling had hurt his family and that the only way it would stop hurting them

was if he was no longer around.

COUNT I -- Negligent and Intentional Breach of Duty of Care

26. Plaintiff incorporates by reference and realleges as if set forth fully herein the

foregoing allegations contained in paragraphs 1 through 25, inclusive, in this Count I of the

Complaint.


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27. Mountaineer Casino intentionally, recklessly, and/or negligently breached the

duty of care it owed to Scott Stevens by failing, inter alia, to:

a. acknowledge his psychological infirmities when they were well-known

to it;

b. deny him access to the its casino when it knew, or should have known,

that it should have done so;

c. ban him from its casino by notification to Mountaineer Casino security

personnel to deny him entry and/or to remove him from the premises upon

learning of his presence at the casino;

d. train Mountaineer Casino personnel to recognize individuals who exhibit

signs of problem gambling behavior and to take appropriate steps to

prevent such individuals from gambling.

e. The fact that Scott Stevens did not seek to exclude himself from the casino

premises in no way removes the duty that MTR and Mountaineer had to

him as their regular customer. MTRs own publicly-available Problem

Gambling Mission Statement pledges to educate casino personnel to

recognize problem gambling behavior and proactively curtail it through

such actions as management exclusions, but no such exclusion was

broached in Stevens case despite clear evidence of his addiction. On the

contrary, Mountaineer management continued to cater to his addiction.

Their behavior was grossly negligent, irresponsible, and inexcusable.


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28. By the following actions, Mountaineer Casino intentionally, recklessly, and/or

negligently breached the duty of care it owed to Scott Stevens, inter alia:

a. by enticing him to gamble, even though it knew or should have known that

he did not have the capabilities to resist such enticements;

b. by a scheme in which it failed to act ethically and responsibly on the

information it had with regard to Scott Stevens, including his number of

visits, the frequency of his visits, the amount he gambled each time, the

timing of his gambling, and the amount he lost each time;

c. by continuing with its efforts to extract profits from Scott Stevens despite

empirical evidence and direct knowledge of his out-of-control gambling

behavior.

29. In tortuously breaching its above-described duties with respect to Scott Stevens,

by inviting him to the casino, luring him back again and again, and taking his money while

having empirical evidence and knowledge that he was helplessly addicted to slot machines,

Mountaineer Casino engaged in extreme and outrageous conduct, knowingly, intentionally, or

recklessly causing severe emotional distress to him. In so doing, Mountaineer Casino exceeded

all bounds of conduct usually tolerated by a decent society and caused mental, emotional, and

psychological distress, suffering, and anguish, of a very serious kind to Scott Stevens and his

family.

30. MTR Gaming Group, Inc., as the owner of Mountaineer Casino, Racetrack &

Resort, is a principal who authorizes Mountaineer Casino to act on its behalf, subject to the


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principals control. As such, MTR is jointly and severally liable for the acts and omissions of

Mountaineer Casino.

WHEREFORE, Plaintiff Stacy Stevens, as Personal Representative of the Estate of Scott

Stevens, Deceased, by counsel, demands judgment against Defendant, Mountaineer Casino,

Racetrack & Resort, and MTR Gaming Group, Inc. for all damages as may be shown by the

evidence sufficient to compensate her for the injuries and damages sustained, the costs of this

action, and all other just and proper relief.

Count II -- Defective Product Design


foregoing allegations contained in paragraphs 1 through 30, inclusive, in this Count II of the

Complaint.

32. IGT was a willing participant in the scheme to intentionally, recklessly and/or

negligently take advantage of Mountaineer patrons, including Scott Stevens and others addicted

to slot machines. It knowingly designed, manufactured, and sold and/or leased slot machines

that were used by Scott Stevens, including at Mountaineer Casino. These slot machines were

defective in the sense that they were misleading, deceitful, and not reasonably safe for their

intended use, and as a result IGT is strictly liable.

33. The elements of the defectively designed slot machines were not reasonably safe

because:

a. the products were not a passive medium through which gamblers enacted

pre-existing addiction but, rather, an interactive force that eroded players capacity to


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make reasoned decisions and powerfully exerted IGTs agenda for increasing customers

time on device; in so doing, it impaired gamblers behavior;

b. the products were not reasonably safe, in that by their intended use

gambling, which is sought by those who go to casinoscustomers like Scott Stevens

may become addicted to them;

c. The products were not reasonably safe because there were, during the time

of Scott Stevens gambling, empirically proven protective features, systems, and

measures available to mitigate the risks of slot machine gambling (e.g. pre-commitment

systems that allow gamblers to track and set limits on the time and money they spend and

even to lock themselves out of play for a given period; warnings that scroll or flash after

lengthy play; maximum loss limits; and other features designed to protect users from

being harmed such as explicit disclaimers that the symbols displayed on the reels are not

representative of the machines odds). The development and implementation of such

safer alternatives demonstrate that the product, without them, is not reasonably safe for

its intended use. Yet IGT, MTR, and Mountaineer Casino intentionally disregarded the

use any such features, systems, or measures that could minimize their addictiveness and

other risks and dangers associated with their use, such as suicide. (MTR and Mountaineer

Casino, as product distributors, are held to the same standards of safety as the products

manufacturer.)

d. The fact that the defendants products were not reasonably safe and that

they were misleading and deceitful proximately caused plaintiffs injury, the addiction to

slot machine gambling of Scott Stevens, and his subsequent suicidal state of mind.


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e. Scott Stevens would not have become addicted but for the defective

machine design.

f. Each of the allegations of Pleading Paragraphs 33-a to 33-e above applies

specifically to the circumstances by which the defendants caused harm to Scott Stevens,

his estate, and his family.


Stevens, Deceased, by counsel, demands judgment against Defendants, International Game

Technology, Inc., Mountaineer Casino, Racetrack & Resort, and MTR Gaming Group, Inc. for

all damages as may be shown by the evidence sufficient to compensate her for the injuries and

damages sustained, the costs of this action, and all other just and proper relief.

Count III Product Use Defectiveness and Failure to Warn


foregoing allegations contained in paragraphs 1 through 33, inclusive, in this Count III of the

Complaint.

35. It was reasonably foreseeable to IGT that the use of its slot machines by

individuals carried with it a risk of becoming addicted, and similarly foreseeable that users might

experience the resultant psychological effects of such an addiction, including death by suicide.

Because of this, IGTs slot machines were an inherently dangerous product that proximately

caused harm to Scott Stevens.

36. IGT failed to warn that its slot machines were a potentially dangerous product,

and did not make the product safer by presenting in readily understandable fashion warnings


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covering all foreseeable uses. IGT failed to warn of any hidden dangers and also failed to inform

users on how to avoid the products dangers in order to use it safely.

37. MTR, and Mountaineer Casino (as product distributors held to the same standards

of customer safety as the product manufacturers), also failed warn users or potential users of its

slot machine products of their dangers, or did so in an inadequate and ineffective manner.






Count IV -- Premises Liability


foregoing allegations contained in paragraphs 1 through 37, inclusive, in this Count IV of the

Complaint.

39. At all material times, Mountaineer Casino had a duty to exercise reasonable care

for the protection of Scott Stevens, as an invitee to its casino premises and a user of its products.

Mountaineer Casino is subject to liability for psychological and physical harm caused to Scott

Stevens, an invitee and product user, because:

a. it knew, or by the exercise of reasonable care would have discovered, the

risk of addictive gambling by use of the slot machines available on its premises, and it

should have realized that it involves an unreasonable risk of harm to such users; and


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b. it knew, or should have expected, that he would not recognize or realize

the danger of addictive gambling through the use of the slot machines available on its

premises, and that he would not be able to protect himself against it;

c. it failed to exercise the reasonable care to protect him against the danger

on its premises of addictive gambling;

d. but for the breach of these duties, Scott Stevens would not have been

harmed.

WHEREFORE, Plaintiff Stacy Stevens as Personal Representative of the Estate of Scott





Count V Intentional Infliction of Emotional Distress


foregoing allegations contained in paragraphs 1 through 39, inclusive, in this Count V of the

Complaint.

41. The intentional conduct of Mountaineer Casino, MTR, and IGT which inflicted

emotional distress upon Scott Stevens included, but is not limited to the following:

a. Their joint efforts to actively solicit individuals with a high probability of

excessive gambling and of addiction to the activity;

b. The conduct by the defendants, and each of them, to induce patrons to use

their slot machines when they knew, or should have known, that such use can


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result in addiction and subsequent acts including suicide, was atrocious,

utterly intolerable in a civilized community, and so extreme and outrageous as

to exceed all possible bounds of decency;

c. Actually causing the severe emotional distress that was a substantial factor in

bringing about the suicide of Scott Stevens.

d. Breaching their duties to prevent the suicide of Scott Stevens from occurring.

42. Defendants conduct was atrocious, intolerable, and so extreme and outrageous as

to exceed the bounds of decency. Defendants actions were reckless and they were aware that

emotional distress would result from their conduct. Defendants actions caused Scott Stevens to

suffer emotional distress, and that emotional distress was so severe that no reasonable person

could be expected to endure it.






Count VI -- Wrongful Death


foregoing allegations contained in paragraphs 1 through 42, inclusive, in this Count VI of the

Complaint.

44. Mountaineer Casino, MTR, and IGT, by extreme and outrageous conduct,

intentionally wronged Scott Stevens, and this intentional conduct caused severe emotional


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distress to their victim, Scott Stevens, which was a substantial factor in bringing about his

suicide on August 13, 2012. Rather than cause the suicide, Mountaineer Casino, MTR, and IGT

had a duty to prevent the suicide from occurring.

45. As a direct and proximate result of the conduct of the Defendants, Scott Stevens

suffered mental and emotional anguish and psychological damage before his death.

46. As a direct and proximate result of the conduct of the Defendants, the Plaintiff,

Stacy Stevens, and Scott Stevens other statutory beneficiaries, suffered all of the effects of the

premature death of Scott Stevens.

47. As a direct and proximate result of the conduct of the Defendants, the Estate of

Scott Stevens has incurred funeral and burial bills.


died, and his statutory beneficiaries have suffered and will continue to suffer into the future,

sorrow, mental anguish and solace, including the loss of the society, companionship, comfort,

guidance, kindly offices and advice of Scott Stevens.

49. As a direct and proximate result of the misconduct of the Defendants, Scott

Stevens died and his statutory beneficiaries have suffered a loss of the services (including future

economic losses in the form of lost wages and household services), care, protection and

assistance provided by Scott Stevens and will continue to suffer such losses in the future.


died, and his statutory beneficiaries have endured mental and emotional anguish and distress

because of the premature death of Scott Stevens and will continue to suffer such losses in the

future.


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51. As a direct and proximate result of Defendants conduct, Scott Stevens was

caused to lose millions of dollars through the playing of slot machines at Mountaineer Casino.

WHEREFORE, the Plaintiff, Stacy Stevens, individually, and as the Administratrix of the

Estate of Scott Stevens, demands judgment against the Defendants for an amount that will fully,

fairly, and reasonably compensate her, the wrongful death statutory beneficiaries, and Scott

Stevens estate, for all damages caused by the conduct of the Defendants, including

compensation for her husbands pre-mortem emotional injuries, as well as her own loss of

consortium (survivorship claims) and for any and all damages for which the Defendants are

liable under the West Virginia Wrongful Death Act, compensation for all slot machine losses at

Mountaineer Casino, expenses and fees incurred in pursuit of this action and for any other relief

to which they are entitled by law including, but not limited to, pre and post judgment interest on

all amounts and for such other relief as this Court deems proper.

Punitive Damages

52. The above-described actions of the Defendants, and each of them, were

intentional.

53. Because of the gross fraud, malice, oppression, or wanton, willful, or reckless

conduct or criminal indifference to civil obligation on the part of each and every defendant, the

Estate of Scott Stevens is entitled to punitive damages.





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DEMAND FOR JURY TRIAL

Plaintiff respectfully demands that all issues herein triable of right by jury be so tried. Respectfully submitted,

/s/ James G. Bordas, Jr. Bordas and Bordas, PLLC 1358 National Road Wheeling, WV 26003 (304) 242-8410 (304) 242-3936 fax [email protected] Counsel for Plaintiff


Case 5:14-cv-00104-FPS Document 1-1 Filed 08/07/14 Page 1 of 1 PageID #: 21

sedoskyTypewritten Text 5:14-CV-104

sedoskyTypewritten TextElectronically Received 8/7/14

UCOMPLAINT FOR DAMAGESUCount V Intentional Infliction of Emotional Distress

DEMAND FOR JURY TRIALPlaintiff respectfully demands that all issues herein triable of right by jury be so tried.Respectfully submitted,U/s/ James G. Bordas, Jr.Bordas and Bordas, PLLC1358 National RoadWheeling, WV 26003(304) 242-8410(304) 242-3936 [email protected] for Plaintiff

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