Professional Documents
Culture Documents
YOU ARE HEREBY summoned and required to answer the Complaint in this action, a
copy of which is herewith served upon you, and to serve a copy of your answer to said Complaint
on the subscribers at their offices, The Carolina Law Group, 910 E. Washington Street, Greenville,
South Carolina 29601, within thirty (30) days after service hereof, exclusive of the day of service;
and if you fail to answer the Complaint within the time aforesaid, Plaintiffs will apply to the Court
and judgment by default will be rendered for the relief demanded in the Complaint.
Respectfully submitted,
Plaintiff, Brooke E. Rogers as the Personal Representative of the Estate of Jacob R. Baltz,
complaining of Defendant, John A. Kuhne, Jr., respectfully alleges and shows unto the Court that:
a citizen and resident of Wake County, North Carolina. The Plaintiff brings this action in her
capacity as Personal Representative of the Estate of Jacob R. Baltz under and by virtue of the
2. Upon information and belief, Defendant, John A. Kuhne, Jr., is a citizen and
3. The incident that gives rise to this litigation occurred in Greenville County, South
Carolina.
FACTUAL ALLEGATIONS
5. On or about March 22, 2015, Defendant had a small get together at his residence
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7. Upon information and belief, at some point during the early morning of March 22,
8. Upon information and belief, the great force of the contact caused Decedent to fall
backwards, hit his head on the brick patio, and rendered Decedent unconscious.
immediate memory of what occurred and he left Defendant’s residence and went home where he
11. At no time relevant herein, did Defendant inquire as to Decedent’s well-being, his
health, or otherwise undertake any effort to address Decedent’s injuries inflicted by him.
12. The allegations set forth in paragraphs one through eleven (1-11) above are
13. The injuries, damages, and death were the direct and proximate result of
14. The Defendant’s careless, negligent, and reckless acts were the direct and
15. By reason of the acts of the Defendant, as set forth above, the Plaintiff is entitled to
an award of actual and compensatory damages from Defendant in favor of the statutory
beneficiaries of the Decedent for funeral bills and other pecuniary loss, property damage, mental
shock and suffering, wounded feelings, grief and sorrow, loss of companionship, and deprivation
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of the use and comfort of the Decedent’s society, loss of his experience, knowledge and judgment,
and his ability to earn money for the support of his family.
16. By reason of the gross negligence, recklessness, and/ or negligence per se of the
Defendant, as set forth above, the Plaintiff is entitled to an award of punitive damages in favor of
the statutory beneficiaries of the Decedent sufficient to impress upon the Defendant the seriousness
of his actions and deter the Defendant from similar conduct in the future.
17. The allegations set forth in paragraphs one through sixteen (1-16) above are
18. Plaintiff’s decedent suffered conscious pain and suffering, disfigurement, mental
anguish, and emotional distress, between the time he was struck and killed, and other damages as
described above.
19. Plaintiff is entitled to recover, on behalf of the estate of the Decedent, an award of
actual damages sufficient to compensate for the damages described above from the Defendant.
20. In addition, because Defendant’s actions were grossly negligent, reckless, the
Plaintiff is entitled to an award of punitive damages in favor of the Decedent’s estate sufficient to
impress upon the Defendant the seriousness of his actions and to deter similar conduct in the
future.
Jacob R. Baltz, prays for judgment against Defendant, John A. Kuhne, Jr., for actual damages,
consequential damages, and punitive damages in a sum to be determined by the jury, for attorneys’
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fees, for the costs of this action, and for such other and further relief as this Court shall deem just
and proper.