STATE OF PLACID DISTRICT COURT LONDON COUNTY Jack Cherry (Plaintiff) v.

Security Officers Briggs, Stratton and Pullstart individually and as part of America Buys Big Buys Big Buys, Inc. (Defendant) CIVIL ACTION: _______

COMPLAINT (Jury Trial Requested)

JURISDICTIONAL ALLEGATIONS 1. 2. The plaintiff, Jack Cherry, is a citizen and resident of London County, PLACID. The defendants, Security Officers Briggs, Stratton and Pullstart, are officers at America Buys Big, Buys Big Buys, Inc., an incorporation organized under PLACID laws and headquartered in Placid City, PL and doing business in PLACID in London County. The cause of action happened in Placid City, PL, in London County.

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GENERAL ALLEGATIONS 4. On August 27, 2006, the plaintiff when to America Buys Big, Buys Big Buys, Inc., a wholly owned subsidiary of Big and Better Buyers, Inc., store #121 in Placid City, PL alone in attempt to purchase a digital music player. At the electronic section he saw several models but required assistance. When he could not find any assistance in the electronic section he picked up an iPod Nano and walked into another section. The associate in the other section was unable to help him and advised him to seek advice in the electronic section. Still with the iPod Nano in hand, the plaintiff returned once again to the electronic section and once again could not get anyone to talk with him. The plaintiff then took the iPod to the front counter and was going to buy it anyway but then said that he got disgusted with the whole place, stuffed the iPod into a magazine rack by the register and walked out. The alarm did not sound as the plaintiff went through the door. He was almost at his car when the defendants ran up to him, knocked him to the ground, and accused him of being a shoplifter.

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Once they dragged the plaintiff back to the security room he repeatedly told the defendants he had not stolen anything. One of the defendants reached into the front of his pants unable to find anything. They were unable to find the iPod, still they kept him for a while and insisted he sign a confession. He refused, and they finally let him go. Defendant Officers failed to maintain a proper lookout. Mr. Cherry was injured because of the assault from the Officers costing him medical expenses. The injuries suffered by the defendant from the tackle were due to the defendants negligence. Defendant battered Mr. Cherry by reaching into his pocket without consent. The defamation from the defendants caused mental anguish to the plaintiff.

PRAYER FOR RELIEF The plaintiff prays to the court for the following relief. 1. Judgment be made against the defendant for negligence describes in Paragraphs 14-18. 2. Compensatory damage be awarded to the plaintiff in excess of $10,000. 3. The defendant be required to pay the costs of this action, including the attorney fees of the plaintiff. 4. For such other and further relief as the court may deem necessary and in the interest of justice. 5. The plaintiff request that a jury trial be held. November 18, 2006 Respectfully Submitted, By: _____________________ ______________ (PL. Bar No.) Al Alvin Attorney for the Plaintiff Bevans & Bevans, P.A. 1001 Burkemont Avenue Bohemia, PL 28655 828-555-1212 (phone) 828-555-1213 (fax)

AFFIDAVIT OF VERIFICATION BY THE PLAINTIFF I, Jack Cherry, do hereby swear that I have read and understand the attached complaint against the America Buys Big Buys Big Buys, Inc. and that the facts and allegations contained within this complaint are true except those matters not stated to be upon information and belief, and as to those matters, I believe they are true. _____________________ Jack Cherry STATE OF PLACID COUNTY OF LONDON On this day, November 18, 2006, Jack Cherry personally appeared before me and signed this affidavit. _______________________________________ Date: November 18, 2006

Notary Public Notary Seal My Commission expires _______________.