View source for S vs G: Letter of Complaint

[[Category:2005-01-25]]
[[Staddon vs. Griever]]: '''Letter of Complaint'''
=Notes=
*I have added defendants' [[S_vs_G:_Answer_and_Counterclaim_from_RDA|responses]] to each statement with <span class=hilite>highlighting</span>

=Contents=
COMES NOW the Plaintiffs, Nick Staddon and Cox-Staddon Enterprises, Inc. d/b/a Red House Media and d/b/a vbz.net, and respectfully submits their Complaint, as follows:

==COUNT I.==
*'''1'''. The Defendant The Redistribution Alternative, Inc. (hereinafter "RDA") is a Georgia corporation with its principal place of business at 1242 Hull Road, Athens, Georgia 30601.  Defendant Corporation may be served through its registered agent Willard Dale Griever at 1242 Hull Road, Athens, Georgia 30601, in Athens-Clarke County, Georgia. 
**<span class=hilite>Defendants admit the allegations contained in Paragraph 1.</span>
*'''2'''. The Defendant RDA is indebted to the Plaintiff Cox-Staddon Enterprises, Inc. d/b/a Red House Media and d/b/a vbz.net (hereinafter "Red House Media") as the result of certain loans and advances made to the Defendant RDA through 2003, for which demand has been made and payment refused by the Defendants.  Although Defendants have paid some monies on the balance owed, they have failed and refused to pay the remainder of $10,275.77.
**<span class=hilite>Defendants deny the allegations contained in Paragraph 2.</span>
*'''3'''. Additionally, Plaintiff is entitled to pre-judgment interest at the rate of seven (7%) percent per annum pursuant to O.C.G.A. &sect;[http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=7-4-2 7-4-2] from the date the account became due and payable pursuant to O.C.G.A. &sect;[http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=7-4-16 7-4-16] until the date of judgment.
**<span class=hilite>Defendants deny the allegations contained in Paragraph 3.</span>
*'''4'''. Plaintiff is also entitled to post-judgment interest at the current legal rate of the prime rate plus three (3%) percent per annum pursuant to O.C.G.A. &sect;[http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=7-4-12 7-4-12](a).
**<span class=hilite>Defendants deny the allegations contained in Paragraph 4.</span>
*'''5'''. No dispute or controversy exists concerning the amount owed, said amount is just, true, due, and unpaid, and Plaintiff has made demand on Defendant on numerous occasions for payment but Defendant has failed and refused to pay the same.
**<span class=hilite>Defendants deny the allegations contained in Paragraph 5.</span>

==COUNT II.==
*<span class=irrelevant>'''6'''. Plaintiffs reallege and incorporate herein paragraphs 1 through 5 set forth above.</span>
*'''7'''. The Defendants Willard Dale Griever and Norma Lynne Griever are both residents of Athens-Clarke County, Georgia, and are subject to the jurisdiction and venue of this court.  
**<span class=hilite>Defendants admit the allegations contained in Paragraph 7.</span>
*'''8'''. Defendants Willard Dale Griever and Norma Lynne Griever entered into an agreement with Plaintiff Nick Staddon to rent Staddon's 1982 Mercedes Benz on a week-to-week basis, for a rental of $100.00 per week.
**<span class=hilite>Defendants deny as stated the allegations contained in Paragraph 8.</span>
*'''9'''. These Defendants had possession of the Mercedes Benz from October 27, 2001, until January 9, 2004.
**<span class=hilite>Defendants deny as stated the allegations contained in Paragraph 9.</span>
*'''10'''. Defendants paid some monies, but did not pay the remainder of the rental owed.  Therefore, Defendants are indebted to Plaintiff Nick Staddon for the remainder of $11,300.00.
**<span class=hilite>Defendants deny the allegations contained in Paragraph 10.</span>
*'''11'''. Additionally, Plaintiff is entitled to pre-judgment interest at the rate of seven (7%) percent per annum pursuant to O.C.G.A. &sect;[http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=7-4-2 7-4-2] from the date said amount became due and payable pursuant to O.C.G.A. &sect;[http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=7-4-16 7-4-16], until the date of judgment.  
**<span class=hilite>Defendants deny the allegations contained in Paragraph 11.</span>
*'''12'''. Plaintiff is also entitled to post-judgment interest at the current legal rate of the prime rate plus three (3%) percent per annum pursuant to O.C.G.A. &sect;[http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=7-4-12 7-4-12](a).
**<span class=hilite>Defendants deny the allegations contained in Paragraph 12.</span>

==COUNT III.==
*<span class=irrelevant>'''13'''. Plaintiffs reallege and incorporate herein paragraphs 1 through 12 set forth above.</span>
*'''14'''. Defendants Willard Dale Griever and Norma Lynne Griever assumed the duties of bailee of the 1982 Mercedes Benz on or about the 27th day of October, 2001.
**<span class=hilite>Defendants deny the allegations contained in Paragraph 14.</span>
*'''15'''. As bailee, Defendants had a duty to exercise ordinary care by preventing damage to the vehicle.
**<span class=hilite>Defendants deny the allegations contained in Paragraph 15.</span>
*'''16'''. The failure to exercise ordinary care over the vehicle that was entrusted to them as bailee and lessee of the vehicle is the proximate cause of the loss suffered by the Plaintiff Nick Staddon.
**<span class=hilite>Defendants deny the allegations contained in Paragraph 16.</span>
*'''17'''. By virtue of this failure, Defendants are indebted to Plaintiff for nominal, general and special damages in the minimum amount of $2,231.62.
**<span class=hilite>Defendants deny the allegations contained in Paragraph 17.</span>
*'''18'''. Additionally, Plaintiff is entitled to pre-judgment interest at the rate of seven (7%) percent per annum pursuant to O.C.G.A. &sect;[http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=7-4-2 7-4-2] from the date said account became due and payable pursuant to O.C.G.A. &sect;[http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=7-4-16 7-4-16] until the date of judgment.  
**<span class=hilite>Defendants deny the allegations contained in Paragraph 18.</span>
*'''19'''. Plaintiff is also entitled to post-judgment interest at the current legal rate of the prime rate plus three (3%) percent per annum pursuant to O.C.G.A. &sect;[http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=7-4-12 7-4-12](a).
**<span class=hilite>Defendants deny the allegations contained in Paragraph 19.</span>

==COUNT IV.==

*<span class=irrelevant>'''20'''. Plaintiffs reallege and incorporate herein by reference paragraphs 1 through 19 set forth above.</span>
*'''21'''. Defendants Willard Dale Griever and Norma Lynne Griever wrongfully interfered with the 1982 Mercedes Benz, the true owner of which is Plaintiff Staddon, by depriving Staddon of the rights associated with ownership of the 1982 Mercedes Benz by failing and refusing to release the vehicle to him upon demand.
**<span class=hilite>Defendants deny the allegations contained in Paragraph 21.</span>
*'''22'''. By virtue of these acts of conversion, Defendant is indebted to Plaintiff for nominal, general and special damages in the minimum amount of $2,331.62.
**<span class=hilite>Defendants deny the allegations contained in Paragraph 22.</span>

==COUNT V==
*<span class=irrelevant>'''23'''. Plaintiffs reallege and incorporate herein by reference Paragraphs 1 thru 22 set forth above.</span>
*'''24'''. Defendants RDA, Willard Dale Griever and Norma Lynne Griever have in their possession certain personal property of Plaintiff Red House Media, namely wholesale merchandise consisting of t-shirts and gift items.
**<span class=hilite>Defendants deny the allegations contained in Paragraph 24.</span>
*'''25'''. Defendants RDA, Willard Dale Griever and Defendant Norma Lynne Griever wrongfully interfered with the personal property described above, the true owner of which is Plaintiff Red House Media, by depriving Red House Media of the rights associated with ownership of said property by failing and refusing to release the property to Red House Media upon demand.
**<span class=hilite>Defendants deny the allegations contained in Paragraph 25.</span>
*'''26'''. By virtue of these acts of conversion, Defendants RDA, Willard Dale Griever and Norma Lynne Griever are indebted to Plaintiff Red House Media for both nominal, general, and special damages in an amount in excess of $30,000.00.
**<span class=hilite>Defendants deny the allegations contained in Paragraph 26.</span>

==COUNT VI.==
*<span class=irrelevant>'''27'''. Plaintiffs reallege and incorporate herein paragraphs 1 through 26 set forth above.</span>
*'''28'''. Defendants are liable to Plaintiffs for attorney's fees and litigation expenses by acting in bad faith, being stubbornly litigious, as well as causing the Plaintiffs unnecessary trouble and expense.
**<span class=hilite>Defendants deny the allegations contained in Paragraph 28.</span>

==Wherefore==
WHEREFORE, Plaintiffs pray that: 
:(a) 	That Red House Media have judgment for actual damages in the amount of $10,275.77 against The Redistribution Alternative, Inc. on Count I;
:(b) 	That Nick Staddon have judgment against Defendants Willard Dale Griever and Norma Lynne Griever for compensatory damages in an amount of $11,300.00 on Count II;
:(c)	That Nick Staddon have judgment against Defendants Willard Dale Griever and Norma Lynne Griever for nominal, general and special damages in an amount of $2,231.62 on Counts III and IV;
:(d)	That Red House Media have judgment against RDA for nominal, general, and special damages in an amount not less than $30,000.00 on Count V;
:(e)	That Plaintiffs be awarded their litigation expenses;
:(f)	That Red House Media be awarded pre-judgment interest at the rate of seven (7%) percent per annum and post-judgment interest at the rate of three (3%) percent plus the prime rate on amounts awarded against Defendants;
:(g)	That Nick Staddon be awarded pre-judgment interest at the rate of seven (7%) percent per annum and post-judgment interest at the rate of three (3%) percent plus the prime rate on amounts awarded against Defendants;
:(h)	That all costs of this action be cast upon Defendants; and
:(i)	That Plaintiffs be granted all other relief which the Court deems just and proper.

This 25 day of January, 2005.