IN THE CIRCUIT COURT OF ST.

FRANCOIS COUNTY
STATE OF MISSOURI
)
DYLAN SEHR,
)
)
ELIZABETH SEHR
)
)
AND
)
)
WILLIAM MANSER
)
Cause No.
)
PLAINTIFFS
)
)
vs.
)
)
LABORATORY CORPORATION OF
)
Division
AMERICA HOLDINGS
)
)
DEFENDANT
)
)
Serve:
)
)
Laboratory Corporation of
)
America Holdings
)
C/O: CSC Lawyers Incorporating )
Service Company
)
221 Bolivar
)
Jefferson City, MO 65101
)
)

PETITION FOR DAMAGES

COME NOW Plaintiffs, Dylan Sehr, Elizabeth Sehr and William Manser, by and
through counsel, Lutfiyya Law Firm, LLC, and for their Petition for Damages against
Defendant Laboratory Corporation of America Holdings state:
ALLEGATIONS COMMON TO ALL COUNTS
1. Plaintiff Dylan Sehr is an unmarried individual residing in Dade County,
Missouri.

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15SF-CC00157

Missouri.
3. Plaintiff William Manser is a married individual residing in Lake County, Florida.
4. Venue is proper in this Court pursuant to RSMo 508.010 because William
Manser was a resident of St. Francois County when he was first injured by the
negligent conduct described herein.
5. Upon information and belief, Defendant Laboratory Corporation of America
Holdings is a corporation duly incorporated and existing under and by virtue of
the laws of the State of Delaware and in good standing, with its principal place of
business located in the State of North Carolina, and which is registered to conduct
business in the State of Missouri.
6. Upon information and belief, Roche Biomedical Laboratories, Inc. was a
corporation duly incorporated and existing under and by virtue of the laws of the
State of Delaware from 1983 until it merged with National Health Laboratories,
Inc. in 1995 to form Defendant Laboratory Corporation of America Holdings.
Laboratory Corporation of America Holdings is the only surviving entity of
Roche Biomedical Laboratories, Inc.. The term Defendant as used herein shall
include Roche Biomedical Laboratories, Inc. prior to its merger into Defendant
Laboratory Corporation of America Holdings.
7. On January 27, 1993, Dylan Sehr was born to Elizabeth Sehr.
8. On or about August 2, 1995, seeking to prove that William Manser was the
biological father of Dylan Sehr, Elizabeth Sehr and Dylan Sehr provided blood
samples to Defendant for DNA testing.

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2. Plaintiff Elizabeth Sehr is an unmarried individual residing in Dade County,

Elizabeth Sehr and Dylan Sehr, and allegedly using the results of a DNA test from
a sample provided by William Manser on or about May 1, 1995 in a different
matter, Defendant performed genetic DNA testing and issued its finding that there
was a 99.67% probability that William Manser was the biological father of Dylan
Sehr (the 1995 Paternity Test).
10. As a result of the aforementioned determination of paternity by Defendant, the
Circuit Court of Polk County, Missouri, entered an order adjudging William
Manser the natural father of Dylan Sehr and ordering William Manser to pay
$252.00 per month in child support, among other things.
11. In August 2013, Dylan Sehr, Elizabeth Sehr and William Manser, upon seeing a
solicitation for a television program, Paternity Court (the Show), the subject of
which is determining and resolving paternity disputes, traveled to California to
participate in the Show.
12. On or about August 12, 2013, Dylan Sehr, Elizabeth Sehr and William Manser
each submitted DNA samples to DNA Diagnostic Center (DDC), the DNA
testing laboratory utilized by the Show.
13. On August 14, 2013, DDC issued its finding that there is a 0% probability that
William Manser is the biological father of Dylan Sehr.
14. Dylan Sehr, Elizabeth Sehr and William Manser learned the results of the DDC
DNA test on or about August 29, 2013.
15. William Manser, on May 23, 2015, and Dylan Sehr, on June 15, 2015, provided
additional DNA samples to DDC for the purpose of paternity testing.

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9. On August 24, 1995, using the aforementioned blood samples provided by

William Manser is the biological father of Dylan Sehr.

COUNT I NEGLIGENCE (DYLAN SEHR)
17. Dylan Sehr adopts and incorporates by reference in this count as though fully set
forth the allegations of paragraphs 1 through 16 herein.
18. Defendant had a duty to competently perform the 1995 Paternity Test.
19. Defendant breached its duty to competently perform the 1995 Paternity Test in
one or more ways, the specifics of which are unknown to Plaintiffs as of the time
of filing.
20. Defendant had a duty to issue accurate findings with regard to the 1995 Paternity
Test.
21. Defendant breached its duty to issue accurate findings with regard to the 1995
Paternity Test by reporting that William Manser is the biological father of Dylan
Sehr when in fact William Manser is not the biological father of Dylan Sehr.
22. Defendants negligence and carelessness, as aforesaid, was with reckless
disregard for the interests of Dylan Sehr.
23. As a direct and proximate cause of the negligence and carelessness of Defendant,
as aforesaid, Dylan Sehr sustained injuries as follows:
a. For over twenty years, from the time of his birth until August 29, 2013,
Dylan Sehr believed that his biological father had abandoned him;
b. For over twenty years, from the time of his birth until after August 29,
2013, Dylan Sehr was deprived of the care, affection and companionship

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16. On June 22, 2015, DDC issued a second finding that there is a 0% probability that

for most of Dylan Sehrs life;

c. For over twenty years, from the time of his birth until after August 29,
2013, Dylan Sehr was deprived of the affection and companionship of his
two biological half siblings, the biological children of Dylan Sehrs true
biological father, who resided in close proximity to Dylan Sehr for most of
Dylan Sehrs life;
d. Since the discovery that William Manser is not his biological father, Dylan
Sehr has suffered social ridicule and harassment;
e. Since the discovery that William Manser is not his biological father, Dylan
Sehr has suffered mental anguish and depression;
f. Since the discovery that William Manser is not his biological father, Dylan
Sehrs relationship with his mother, Elizabeth Sehr, has been irreparably
damaged.
WHEREFORE, Plaintiffs pray for judgment of this Honorable Court for:
i.

Damages against Defendant in an amount in excess of $25,000.00

which are fair and reasonable for damages and losses Dylan Sehr
has sustained and is reasonably certain to sustain in the future;

ii.

Punitive damages in amounts sufficient to punish Defendant and to

deter Defendant and others from like conduct;

iii.

Dylan Sehr to be awarded his costs herein; and

iv.

Such other and further relief as the Court deems just and proper
under the circumstances.

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of his true biological father, who resided in close proximity to Dylan Sehr

24. Elizabeth Sehr adopts and incorporates by reference in this count as though fully
set forth the allegations of paragraphs 1 through 23 herein.
25. Defendant had a duty to competently perform the 1995 Paternity Test.
26. Defendant breached its duty to competently perform the 1995 Paternity Test in
one or more ways, the specifics of which are unknown to Plaintiffs as of the time
of filing.
27. Defendant had a duty to issue accurate findings with regard to the 1995 Paternity
Test.
28. Defendant breached its duty to issue accurate findings with regard to the 1995
Paternity Test by reporting that William Manser was the biological father of
Dylan Sehr when in fact William Manser was not the biological father of Dylan
Sehr.
29. Defendants negligence and carelessness, as aforesaid, was with reckless
disregard for the interests of Elizabeth Sehr.
30. As a direct and proximate cause of the negligence and carelessness of Defendant,
as aforesaid, Elizabeth Sehr sustained injuries as follows:
a. For over twenty years, from the time of Dylan Sehrs birth until August
29, 2013, Elizabeth Sehr believed that Dylan Sehrs biological father had
abandoned him;
b. Elizabeth Sehr was compelled to raise Dylan Sehr without the assistance
and support of Dylan Sehrs true biological father;

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COUNT II NEGLIGENCE (ELIZABETH SEHR)

father, Elizabeth Sehr has suffered social ridicule and harassment;

d. Since the discovery that William Manser is not Dylan Sehrs biological
father, Elizabeth Sehr has suffered mental anguish and depression;
e. Since the discovery that William Manser is not Dylan Sehrs biological
father, Elizabeth Sehrs relationship with her son, Dylan Sehr, has been
irreparably damaged.
WHEREFORE, Plaintiffs pray for judgment of this Honorable Court for:
i.

Damages against Defendant in an amount in excess of $25,000.00

which are fair and reasonable for damages and losses Elizabeth
Sehr has sustained and is reasonably certain to sustain in the
future;

ii.

Punitive damages in amounts sufficient to punish Defendant and to

deter Defendant and others from like conduct;

iii.

Elizabeth Sehr to be awarded her costs herein; and

iv.

Such other and further relief as the Court deems just and proper
under the circumstances.
COUNT III NEGLIGENCE (WILLIAM MANSER)

31. William Manser adopts and incorporates by reference in this count as though fully
set forth the allegations of paragraphs 1 through 30 herein.
32. Defendant had a duty to competently perform the 1995 Paternity Test.

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c. Since the discovery that William Manser is not Dylan Sehrs biological

one or more ways, the specifics of which are unknown to Plaintiffs as of the time
of filing.
34. Defendant had a duty to issue accurate findings with regard to the 1995 Paternity
Test.
35. Defendant breached its duty to issue accurate findings with regard to the 1995
Paternity Test by reporting that William Manser was the biological father of
Dylan Sehr when in fact William Manser was not the biological father of Dylan
Sehr.
36. Defendants negligence and carelessness, as aforesaid, was with reckless
disregard for the interests of William Manser.
37. As a direct and proximate cause of the negligence and carelessness of Defendant,
as aforesaid, William Manser sustained injuries as follows:
a. William Manser has suffered social ridicule and harassment;
b. For over twenty years, from the time of Dylan Sehrs birth until August
29, 2013, William Manser suffered mental anguish and depression;
c. William Manser paid $30,072.17 in child support to Elizabeth Sehr for the
benefit of Dylan Sehr;
d. William Manser spent significant time in prison for failing to pay child
support, depriving him of the opportunities to spend valuable time with his
true family, to earn wages, and to advance his career.
WHEREFORE, Plaintiffs pray for judgment of this Honorable Court for:

Electronically Filed - St. Francois - August 10, 2015 - 10:46 AM

33. Defendant breached its duty to competently perform the 1995 Paternity Test in

Damages against Defendant in an amount in excess of $25,000.00

which are fair and reasonable for damages and losses William
Manser has sustained and is reasonably certain to sustain in the
future;

ii.

Punitive damages in amounts sufficient to punish Defendant and to

deter Defendant and others from like conduct;

iii.

William Manser to be awarded his costs herein; and

iv.

Such other and further relief as the Court deems just and proper
under the circumstances.
COUNT IV RES IPSA LOQUITUR (DYLAN SEHR)

38. Dylan Sehr adopts and incorporates by reference in this count as though fully set
forth the allegations of paragraphs 1 through 37 herein.
39. Said occurrences that resulted in injuries and damages sustained by Dylan Sehr
are the kind which ordinarily occur due to someones negligence.
40. Said occurrences that resulted in injuries and damages sustained by Dylan Sehr
were caused by circumstances which were under Defendants management and
control.
41. Defendant had superior knowledge or access to information as to the cause of said
occurrences.
42. Defendants negligence and carelessness, as aforesaid, was with reckless
disregard for the interests of Dylan Sehr.
43. As a direct and proximate cause of the negligence and carelessness of Defendant,
as aforesaid, Dylan Sehr sustained injuries as follows:

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i.

Dylan Sehr believed that his biological father had abandoned him;
b. For over twenty years, from the time of his birth until after August 29,
2013, Dylan Sehr was deprived of the care, affection and companionship
of his true biological father, who resided in close proximity to Dylan Sehr
for most of Dylan Sehrs life;
c. For over twenty years, from the time of his birth until after August 29,
2013, Dylan Sehr was deprived of the affection and companionship of his
two biological half siblings, the biological children of Dylan Sehrs true
biological father, who resided in close proximity to Dylan Sehr for most of
Dylan Sehrs life;
d. Since the discovery that William Manser is not his biological father, Dylan
Sehr has suffered social ridicule and harassment;
e. Since the discovery that William Manser is not his biological father, Dylan
Sehr has suffered mental anguish and depression;
f. Since the discovery that William Manser is not his biological father, Dylan
Sehrs relationship with his mother, Elizabeth Sehr, has been irreparably
damaged.
WHEREFORE, Plaintiffs pray for judgment of this Honorable Court for:
i.

Damages against Defendant in an amount in excess of $25,000.00

which are fair and reasonable for damages and losses Dylan Sehr
has sustained and is reasonably certain to sustain in the future;

10

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a. For over twenty years, from the time of his birth until August 29, 2013,

Punitive damages in amounts sufficient to punish Defendant and to

deter Defendant and others from like conduct;

iii.

Dylan Sehr to be awarded his costs herein; and

iv.

Such other and further relief as the Court deems just and proper
under the circumstances.

COUNT V RES IPSA LOQUITUR (ELIZABETH SEHR)

44. Elizabeth Sehr adopts and incorporates by reference in this count as though fully
set forth the allegations of paragraphs 1 through 43 herein.
45. Said occurrences that resulted in injuries and damages sustained by Elizabeth
Sehr are the kind which ordinarily occur due to someones negligence.
46. Said occurrences that resulted in injuries and damages sustained by Elizabeth
Sehr were caused by circumstances which were under Defendants management
and control.
47. Defendant had superior knowledge or access to information as to the cause of said
occurrences.
48. Defendants negligence and carelessness, as aforesaid, was with reckless
disregard for the interests of Elizabeth Sehr.
49. As a direct and proximate cause of the negligence and carelessness of Defendant,
as aforesaid, Elizabeth Sehr sustained injuries as follows:
a. For over twenty years, from the time of Dylan Sehrs birth until August
29, 2013, Elizabeth Sehr believed that Dylan Sehrs biological father had
abandoned him;

11

Electronically Filed - St. Francois - August 10, 2015 - 10:46 AM

ii.

and support of Dylan Sehrs true biological father;

c. Since the discovery that William Manser is not Dylan Sehrs biological
father, Elizabeth Sehr has suffered social ridicule and harassment;
d. Since the discovery that William Manser is not Dylan Sehrs biological
father, Elizabeth Sehr has suffered mental anguish and depression;
e. Since the discovery that William Manser is not Dylan Sehrs biological
father, Elizabeth Sehrs relationship with her son, Dylan Sehr, has been
irreparably damaged.
WHEREFORE, Plaintiffs pray for judgment of this Honorable Court for:
i.

Damages against Defendant in an amount in excess of $25,000.00

which are fair and reasonable for damages and losses Elizabeth
Sehr has sustained and is reasonably certain to sustain in the
future;

ii.

Punitive damages in amounts sufficient to punish Defendant and to

deter Defendant and others from like conduct;

iii.

Elizabeth Sehr to be awarded her costs herein; and

iv.

Such other and further relief as the Court deems just and proper
under the circumstances.

COUNT VI RES IPSA LOQUITUR (WILLIAM MANSER)

50. William Manser adopts and incorporates by reference in this count as though fully
set forth the allegations of paragraphs 1 through 49 herein.

12

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b. Elizabeth Sehr was compelled to raise Dylan Sehr without the assistance

Manser are the kind which ordinarily occur due to someones negligence.
52. Said occurrences that resulted in injuries and damages sustained by William
Manser were caused by circumstances which were under Defendants
management and control.
53. Defendant had superior knowledge or access to information as to the cause of said
occurrences.
54. Defendants negligence and carelessness, as aforesaid, was with reckless
disregard for the interests of William Manser.
55. As a direct and proximate cause of the negligence and carelessness of Defendant,
as aforesaid, William Manser sustained injuries as follows:
a. William Manser has suffered social ridicule and harassment;
b. For over twenty years, from the time of Dylan Sehrs birth until August
29, 2013, William Manser suffered mental anguish and depression;
c. William Manser paid $30,072.17 in child support to Elizabeth Sehr for the
benefit of Dylan Sehr;
d. William Manser spent significant time in prison for failing to pay child
support, depriving him of the opportunities to spend valuable time with his
true family, to earn wages, and to advance his career.
WHEREFORE, Plaintiffs pray for judgment of this Honorable Court for:
i.

Damages against Defendant in an amount in excess of $25,000.00

which are fair and reasonable for damages and losses William

13

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51. Said occurrences that resulted in injuries and damages sustained by William

future;
ii.

Punitive damages in amounts sufficient to punish Defendant and to

deter Defendant and others from like conduct;

iii.

William Manser to be awarded his costs herein; and

iv.

Such other and further relief as the Court deems just and proper
under the circumstances.

COUNT VII BREACH OF CONTRACT (DYLAN SEHR)

56. Dylan Sehr adopts and incorporates by reference in this count as though fully set
forth the allegations of paragraphs 1 through 55 herein.
57. The State of Missouri, Department of Social Services, Division of Child Support
Enforcement (DCSE) contracted with Defendant to competently perform the 1995
Paternity Test and to report accurate findings with regard to the 1995 Paternity
Test.
58. Dylan Sehr was an intended beneficiary of the contract between DCSE and
Defendant.
59. Defendant breached its contract with DCSE by failing to competently perform the
1995 Paternity Test and by reporting inaccurate findings with regard to the 1995
Paternity Test.
60. As a direct and proximate cause of said breach by Defendant, as aforesaid, Dylan
Sehr sustained injuries as follows:
a. For over twenty years, from the time of his birth until August 29, 2013,
Dylan Sehr believed that his biological father had abandoned him;

14

Electronically Filed - St. Francois - August 10, 2015 - 10:46 AM

Manser has sustained and is reasonably certain to sustain in the

2013, Dylan Sehr was deprived of the care, affection and companionship
of his true biological father, who resided in close proximity to Dylan Sehr
for most of Dylan Sehrs life;
c. For over twenty years, from the time of his birth until after August 29,
2013, Dylan Sehr was deprived of the affection and companionship of his
two biological half siblings, the biological children of Dylan Sehrs true
biological father, who resided in close proximity to Dylan Sehr for most of
Dylan Sehrs life;
d. Since the discovery that William Manser is not his biological father, Dylan
Sehr has suffered social ridicule and harassment;
e. Since the discovery that William Manser is not his biological father, Dylan
Sehr has suffered mental anguish and depression;
f. Since the discovery that William Manser is not his biological father, Dylan
Sehrs relationship with his mother, Elizabeth Sehr, has been irreparably
damaged.
WHEREFORE, Plaintiffs pray for judgment of this Honorable Court for:
i.

Damages against Defendant in an amount in excess of $25,000.00

which are fair and reasonable for damages and losses Dylan Sehr
has sustained and is reasonably certain to sustain in the future;

ii.

Punitive damages in amounts sufficient to punish Defendant and to

deter Defendant and others from like conduct;

iii.

Dylan Sehr to be awarded his costs herein; and

15

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b. For over twenty years, from the time of his birth until after August 29,

Such other and further relief as the Court deems just and proper
under the circumstances.

COUNT VIII BREACH OF CONTRACT (ELIZABETH SEHR)

61. Elizabeth Sehr adopts and incorporates by reference in this count as though fully
set forth the allegations of paragraphs 1 through 60 herein.
62. The State of Missouri, Department of Social Services, Division of Child Support
Enforcement (DCSE) contracted with Defendant to competently perform the 1995
Paternity Test and to report accurate findings with regard to the 1995 Paternity
Test.
63. Elizabeth Sehr was an intended beneficiary of the contract between DCSE and
Defendant.
64. Defendant breached its contract with DCSE by failing to competently perform the
1995 Paternity Test and by reporting inaccurate findings with regard to the 1995
Paternity Test.
65. As a direct and proximate cause of said breach by Defendant, as aforesaid,
Elizabeth Sehr sustained injuries as follows:
a. For over twenty years, from the time of Dylan Sehrs birth until August
29, 2013, Elizabeth Sehr believed that Dylan Sehrs biological father had
abandoned him;
b. Elizabeth Sehr was compelled to raise Dylan Sehr without the assistance
and support of Dylan Sehrs true biological father;
c. Since the discovery that William Manser is not Dylan Sehrs biological
father, Elizabeth Sehr has suffered social ridicule and harassment;

16

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iv.

father, Elizabeth Sehr has suffered mental anguish and depression;

e. Since the discovery that William Manser is not Dylan Sehrs biological
father, Elizabeth Sehrs relationship with her son, Dylan Sehr, has been
irreparably damaged.
WHEREFORE, Plaintiffs pray for judgment of this Honorable Court for:
i.

Damages against Defendant in an amount in excess of $25,000.00

which are fair and reasonable for damages and losses Elizabeth
Sehr has sustained and is reasonably certain to sustain in the
future;

ii.

Punitive damages in amounts sufficient to punish Defendant and to

deter Defendant and others from like conduct;

iii.

Elizabeth Sehr to be awarded her costs herein; and

iv.

Such other and further relief as the Court deems just and proper
under the circumstances.

COUNT IX BREACH OF CONTRACT (WILLIAM MANSER)

66. William Manser adopts and incorporates by reference in this count as though fully
set forth the allegations of paragraphs 1 through 65 herein.
67. The State of Missouri, Department of Social Services, Division of Child Support
Enforcement (DCSE) and/or Elizabeth Sehr and Dylan Sehr contracted with
Defendant to competently perform the 1995 Paternity Test and to report accurate
findings with regard to the 1995 Paternity Test.

17

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d. Since the discovery that William Manser is not Dylan Sehrs biological

and/or Elizabeth Sehr and Dylan Sehr and Defendant.

69. Defendant breached its contract with DCSE and/or Elizabeth Sehr and Dylan Sehr
by failing to competently perform the 1995 Paternity Test and by reporting
inaccurate findings with regard to the 1995 Paternity Test.
70. As a direct and proximate cause of said breach by Defendant, as aforesaid,
William Manser sustained injuries as follows:
a. William Manser has suffered social ridicule and harassment;
b. For over twenty years, from the time of Dylan Sehrs birth until August
29, 2013, William Manser suffered mental anguish and depression;
c. William Manser paid $30,072.17 in child support to Elizabeth Sehr for the
benefit of Dylan Sehr;
d. William Manser spent significant time in prison for failing to pay child
support, depriving him of the opportunities to spend valuable time with his
true family, to earn wages, and to advance his career.
WHEREFORE, Plaintiffs pray for judgment of this Honorable Court for:
i.

Damages against Defendant in an amount in excess of $25,000.00

which are fair and reasonable for damages and losses William
Manser has sustained and is reasonably certain to sustain in the
future;

ii.

Punitive damages in amounts sufficient to punish Defendant and to

deter Defendant and others from like conduct;

iii.

William Manser to be awarded his costs herein; and

18

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68. William Manser was an intended beneficiary of the contract between DCSE

Such other and further relief as the Court deems just and proper
under the circumstances.

Respectfully submitted,
LUTFIYYA LAW FIRM, LLC

_/s/ Rob Lutfiyya____________________

Rob Lutfiyya, MBE 53211
Amanda Reiter, MBE 59896
Attorneys for Plaintiffs
1750 South Brentwood Boulevard, Suite 295
Brentwood, MO 63144
Telephone: (314) 727-0702
Facsimile: (314) 395-1113
RobL@MetroSTLLaw.com
AmandaR@MetroSTLLaw.com

19

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iv.