DOCUMENT 2 ELECTRONICALLY FILED 8/23/2017 3:37 PM 02-CV-2017-902254.00 CIRCUIT COURT OF MOBILE COUNTY, ALABAMA JOJO SCHWARZAUER, CLERK TR f) 1 A GENERAL ALLEGATIONS 1. The Plaintiff, lasmyn Williams Johnson, is the natural mother and custodial parent of Kamden Johnson, a deceased minor. 2. The Defendants, Community Church Ministries, lnc., Community Church Ministries, lnc. Preschool Academy, Community Nursery Preschool Academy, and Community Nursery Preschool Academy 2, are domestic corporations or entities with their principal place of business located in Mobile County, Alabama. 3. The Defendant, Carl J. Coker, is over the age of 19 and, at the time ofthe incident made the basis of this lawsuit, was a resident citizen of Mobile County, Alabama. 4. The Defendant, Angela M. Coker, is over the age of 19 and, at the time of the incident made the basis of this lawsuit, was a resident citizen of Mobile County, Alabama. 5. The Defendant, Kenya Anderson, is over the age of 19 and, at the time of the incident made the basis of this lawsuit, was a resident citizen of Mobile County, Alabama. 6. The Defendants, Community Church Ministries, lnc., Community Church Ministries, Inc. Preschool Academy, Community Nursery Preschool Academy, and Community Nursery Preschool Academy 2, did hire and employ Valerie Patterson, who was, at all times relevant hereto, acting as an agent, servant, and/or employee of the said Defendants. The fictitious Defendants 1 through 40 are businesses or individuals who, to the best of Plaintiff?s knowledge, were operating or residing in Mobile County, Alabama at the time of the subject incident. DUC UIvibNi? 4? FIRST CAUSE OF The Plaintiff, Jasmyn Williams Johnson, as natural Mother and custodial parent of Kamden Johnson, a deceased minor, alleges against the Defendants, separately and severally, as follows: 1. The Plaintiff realleges all of the allegations contained in the General Allegations as set forth above and incorporates the same by reference herein. 2. On or about August 21, 2017, the Defendants, Community Church Ministries, lnc., Community Church Ministries, Inc. Preschool Academy, Community Nursery Preschool Academy, and Community Nursery Preschool Academy 2, Carl J. Coker, Angela M. Coker, Kenya Anderson, and/or 1 through 10, owned and/or operated an unlicensed daycare facility located in Mobile County, Alabama and were entrusted with the care of Plaintiff?s minor son, Kamden Johnson. 3. At all times relevant hereto, the Defendants held themselves out to the public as a facility possessing the requisite skill, knowledge, and general competence in caring for children such as Plaintiff?s minor son, Kamden Johnson. 4. At all times relevant hereto, the Defendants represented to the public that Valerie Patterson had the requisite skills, knowledge, and general competence to care for children such as Plaintiff?s minor son, Kamden Johnson. 5. At all times relevant hereto, the Defendants had a duty to exercise reasonable care in the care and supervision of Plaintiff?s minor son, Kamden Johnson. 6. At all times relevant hereto, Valerie Patterson had a duty to exercise reasonable care in the care and supervision of Plaintiff?s minor son, Kamden Johnson. 7. alleges that, on or about August 21, 2017, while in the care and custody of the Defendants, including, but not limited to, Defendants? agent, servant and/or employee, Valerie Patterson, her minor son, Kamden Johnson, was caused to suffer injuries which proximately resulted in his death. 8. The death of Plaintiff?s minor son, Kamden Johnson, was the proximate consequence .UUL, U1V1 of the negligence of the Defendants in one or more of the following respects: a. negligently failing to provide adequate and safe care to Kamden Johnson; a background check on Defendants? agent, servant, or employee, Valerie Patterson and/or 11 through 20; negligently hiring Valerie Patterson; negligently entrusting the care and supervision of Plaintiff?s minor son, Kamden Johnson, to Valerie Patterson; negligently failing to properlyand/oradequatelytrain and/or supervise Defendants? agent, servant and/or employees, Valerie Patterson and/or 11 through 20; negligently failed to implement and/or follow policies and procedures relating to caring for and protecting children such as Plaintiff?s minor son, Kamden Johnson, who were entrusted to their care; negligently failing to account for the whereabouts of Plaintiff?s minor son, Kamden Johnson, on August 21, 2017; negligently failing to implement procedures to ensure the safety, protection, and location of children such as Plaintiff?s minor son, Kamden Johnson, who were entrusted to their care; negligently failing to rescue Plaintiff?s minor son, Kamden Johnson; negligently causing or allowing Kamden Johnson?s death; .1 -4 E1 4: l"3 ?hn? 11 UUL 1V1 k. negligently failing to implement precautions to prevent the death of Plaintiff?s minor son, Kamden Johnson. WHEREFORE, the Plaintiff, Jasmyn Williams Johnson, as natural Mother and custodial parent of Kamden Johnson, a deceased minor, demands punitive damages, plus interest and costs, against the Defendants, Community Church Ministries, lnc., Community Church Ministries, inc. 8: Preschool Academy, Community Nursery Preschool Academy, Community Nursery Preschool Academy 2, Carl J. Coker, Angela M. Coker, Kenya Anderson, and 1 through 40. SECOND CAUSE OF ACTION The Plaintiff, Jasmyn Williams Johnson, as natural Mother and custodial parent of Kamden Johnson, a deceased minor, alleges against the Defendants, separately and severally, as follows: 1. The Plaintiff realleges all ofthe allegations contained in the General Allegations and in the First Cause of Action as set forth above and incorporates the same by reference herein. 2. On or about August 21, 2017, the Defendants, Community Church Ministries, lnc., Community Church Ministries, inc. Preschool Academy, Community Nursery PreschoOl Academy, and Community Nursery Preschool Academy 2, Carl J. Coker, Angela M. Coker, Kenya Anderson, and/or 1 through 10, owned and/or operated an unlicensed daycare facility located in Mobile County, Alabama and were entrusted with the care of Plaintiff?s minor son, Kamden Johnson. 3. At all times relevant hereto, the Defendants held themselves out to the public as a facility possessing the requisite skill, knowledge, and general competence in caring for children such as Plaintiff?s minor son, Kamden Johnson. 4. At all times relevant hereto, the Defendants represented to the public that Valerie Patterson had the requisite skills, knowledge, and general competence to care for children such as Plaintiff?s minor son, Kamden Johnson. 5. At all times relevant hereto, the Defendants had a duty to exercise reasonable care in the care and supervision of Plaintiff?s minor son, Kamden Johnson. 6. At all'times relevant hereto, Valerie Patterson had a duty to exercise reasonable care in the care and supervision of Plaintiff?s minor son, Kamden Johnson. 7. alleges that, on or about August 21, 2017, while in the care and custody of the Defendants, including, but not limited to, Defendants? agent, servant and/or employee, Valerie Patterson, her minor son, Kamden Johnson, was caused to suffer injuries which proximately resulted in his death. 8. The death of Plaintiff?s minor son, Kamden Johnson, was the proximate consequence of the wantonness of the Defendants in one or more of the following respects: a. wantonlyfailing to provide adequate and safe care to Kamden Johnson; b. wantonly failing to properly and/or adequately screen and/or conduct a background check on Defendants? agent, servant, or employee, Valerie Patterson and/or 11 through 20; c. wantonly hiring Valerie Patterson; cl. wantonly entrusting the care and supervision of Plaintiff?s minor son, Kamden Johnson, to Valerie Patterson; e. wantonly failing to properly and/or adequately train and/or supervise Defendants? agent, servant and/or employees, Valerie Patterson and/or 11 through 20; f. wantonly failed to implement and/or follow policies and procedures relating to caring for and protecting children such as Plaintiff?s minor son, Kamden Johnson, who were entrusted to their care; g. wantonly failing to account for the whereabouts of Plaintiff's minor son, Kamden Johnson, on August 21, 2017; h. wantonly failing to implement procedures to ensure the safety, protection, and location of children such as Plaintiff's minor son, Kamden Johnson, who were entrusted to their care; i. wantonly failing to rescue Plaintiff?s minor son, Kamden Johnson; j. wantonly causing or allowing Kamden Johnson?s death; k. wantonly failing to implement precautions to prevent the death of Plaintiff?s minor son, Kamden Johnson. WHEREFORE, the Plaintiff, Jasmyn Williams Johnson, as natural Mother and custodial parent of Kamden Johnson, a deceased minor, demands punitive damages, plus interest and costs, against the Defendants, Community Church Ministries, lnc., Community Church Ministries, lnc. Preschool Academy, Community Nursery Preschool Academy, Community Nursery Preschool Academy 2, Carl J. Coker, Angela M. Coker, Kenya Anderson, and 1 through 40. DAVID S. CAIN, JR. TOBY 0. BROWN, JR. (BR01 9) GEORGE W. N011) Attorneys for Plaintiff Post Office Box 66705 Mobile, Alabama 36660 Telephone: 251-471?6191 Fax: 251?479-1031 Email: dsc@cunninghambounds.com 1? 2? The Plaintiff respectfully demands a trial ury. DAVID s. CAIN, Jil.