Complaint:

 

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COUNT NINE (CIVIL CONSPIRACY AS TO ALL DEFENDANTS)

96. Plaintiffs repeat and reallege each and every previous paragraph of their Complaint as though fully set forth here at length.
     
97. At all times material hereto, duly authorized agents/servants of Defendants LDS Church, COP, CPB, HCA Raleigh General Hospital, HCA, Inc. and HCA - Hospital Corporation of America, in the course of their employment and without justification or excuse, did, by concerted action, suppress evidence that the minor Plaintiff was the victim of child sexual abuse in violation of the laws of the State of West Virginia, said conspiracy commencing in 1989 and continuing to the present day. Defendants knew or should have known the minor Plaintiff would continue to be sexually assaulted as a direct consequence of their conspiratorial acts.
98. Further, Defendants LDS Church, COP and CPB have conspired, at the highest levels, to develop legal strategies to 1) thwart comprehensive investigations of sexual abuse of and by members of the LDS Church, 2) engage in legal tactics Defendants know to be without merit for the sole purpose of extracting favorable settlements from victims of sexual abuse and 3) suppress evidence of the failure of Defendants' policies for dealing with the problem of sexual abuse. This was done so as not to interfere with Defendant LDS Church's recruitment efforts or to interfere with the enormous flow of monies received by Defendant LDS Church, COP and CPB in the form of tithing or corporate profits from secular business entities owned and operated by Defendants worldwide, said monies totalling billions of dollars annually.
99. Defendants' duly authorized agents/servants, without excuse or justification and while acting within the course of their employment, did so conspire as set forth above; and, the minor Plaintiff suffered severe and irreparable injuries as a direct and proximate result of Defendants' concerted action, said injuries being the foreseeable result of Defendants' conspiracy. Further, Defendants knew or should have known of the conspiracy between and among its agents/servants and the foreseeable injuries caused thereby.
100. Based on the foregoing, the minor Plaintiff is entitled to judgment against the Defendants, and each of them, jointly and severally, in the amount of $150,000,000.00 together with interest thereon until paid in full, attorney fees and Court costs incurred in these proceedings.
101. The injuries committed upon the minor Plaintiff were inflicted by the Defendants in an intentional manner, with malice, willfulness and in wanton disregard of the minor Plaintiff's rights to be free from physical and sexual abuse. As a result, Plaintiff is entitled to an award of punitive damages in the amount of $600,000,000.00 in order to punish Defendants and deter them from engaging in the same or similar conduct in the future.

COUNT TEN (GROSS NEGLIGENCE AS TO ALL DEFENDANTS)

102. Plaintiffs repeat and reallege each and every previous paragraph of their Complaint as though fully set forth here at length.
103. At all times material hereto, Defendants LDS Church, COP, CPB and HCA Raleigh General Hospital, HCA, Inc., and HCA - Hospital Corporation of America, by and through their duly authorized agents/servants, without excuse or justification and while acting within the course of their employment, consciously acted to 1) suppress evidence that the minor Plaintiff was the victim of child sexual abuse and 2) fail to report the same in violation of both their statutory and common law duty. Defendants were aware that the suppression of said evidence would likely result in the minor Plaintiff suffering further sexual abuse and, in fact, the minor Plaintiff would continue to be sexually abused for five years after Defendants had actual knowledge that the minor Plaintiff was being victimized. Defendants sought to suppress evidence of said sexual abuse with a wanton, willful and reckless indifference to the consequences to the minor Plaintiff. Defendants additionally failed to report said abuse to proper state authorities. Further, Defendants knew or should have known of the gross negligence of its agents/servants and the foreseeable injuries caused thereby. The minor Plaintiff's severe and irreparable injuries were a direct and proximate result of Defendants' gross negligence, said injuries being the foreseeable results of such acts.
104. Based on the foregoing, the minor Plaintiff is entitled to judgment against the Defendants, and each of them, jointly and severally, in the amount of $150,000,000.00 together with interest thereon until paid in full, attorney fees and Court costs incurred in these proceedings.
105. The injuries committed upon the minor Plaintiff were inflicted by the Defendants in an intentional manner, with malice, willfulness and in wanton disregard of the minor Plaintiff's rights to be free from physical and sexual abuse. As a result, Plaintiff is entitled to an award of punitive damages in the amount of $600,000,000.00 in order to punish Defendants and deter them from engaging in the same or similar conduct in the future.

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• Complaint

• Facts

• Count's 1 & 2

• Count  3

• Count's 4 & 5

• Count  6

• Count's 7 & 8

• Count's 9 & 10

• Count's 11 - 14

• Damages