BAYHAM JERMAN, PLC 3800 N. Central Ave, Ste. 520 Phoenix. Arizona 85012 Telephone: 602-200-9050 Fax: 602-265-5269 Alan Bayham, SBA 004817 Stanley M. Jerman, SBA 001286 Attorneys for Plaintiff IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF MARICOPA MILAN JEKNICH, a single man, Plaintiff, NO. vs. COMPLAINT HEALTHGENE COPORATION a foreign (Tort Non?motor Vehicle) corporation; GENETEST LABORATO ES, 21 fore in co oration; JOHN and JANE DOES AB COR ORATIONS BLACK and WHITE PARTNERSHIPS and/or SOLE I-X, Defendants. Plaintiff alleges: 1. Plaintiff, MILAN JEKNICH, is a single man and a resident of Maricopa County, Arizona. That Defendants HEALTHGENE COPORATION, is a foreign Corporation doing business in Maricopa County, Arizona; GENETEST LABORATORIES, is a foreign corporation doing business in Maricopa County, Arizona. The acts out of which this cause of action arose occurred in Man'copa County, Arizona. 2. JOHN DOES and JANE DOES I-X, ABC Corporations and BLACK and WHITE Partnerships and/or Sole Proprietorships are persons, corporations, or other legal entities whose true names are unknown to Plaintiff. At the time of the events set forth above the individual defendants named in this complaint were/was an. employee, servant and/or agent of the defendants described in this paragraph and was acting within the course and scope of employment or under the direction and control of these defendants or under a a squat. a- I.-. .. o- reckless acts complained of herein to these defendants. 4. Plainti?? and Kimberly Robbins, his girlfriend, discovered that she was pregnant in early 2001. In an effort to determine who was the father of the unborn child plaintiff and Kimberly Robbins retained the defendants to ascertain the paternity of said unborn child. That in retaining the defendants, plaintiff relied on their public statements that the paternity testing they performed was reliable, and not experimental. They were given assurances that said testing would be accurate. That plaintiff and Kimberly Robbins paid for said testing. 5. That on or about the March 21, 2001, the laboratory of the defendants issued their paternity analysis report, which concluded that the probability was 99.9% that Mr. Jelmich was the father of the fetus. The report stated that ?Milan Jeknich is proven to be the biological 0. Haqqani, Director GENETEST Laboratories and Yuri Melekhovets, Lab. Director of HEALTHGENE CORPORATION signed the report and transmitted same to plaintiff on March 23, 2001. The defendants represented unequivocally that the paternity representations were accurate. 4 6. When plaintiff received said test results allegedly proving that the unhom child was his, he took numerous actions to undertake his role as parent. He moved in with the mother, attended paternity classes and medical visits and changed his life drastically. 7. On September 8, 2001, Kimberly Robbins gave birth to Brayden A. Robbins, who plaintiff believed to be his son. Plaintiff became very attached to the child, and has developed a very close relationship With the boy. 8. The child?s blood was retested by Fairfa '[dent Laboratories in January of 2002. Said test established that plaintiff was not Braydcn's biological father. The parties also had a third blood test performed at DNA Diagnostics Center at the request of the biological father. The results of this test again excluded plainti?? as the father. The tests performed by defendants were therefore errorenous, 9. Defendants, and each of them, negligently tested said blood and negligently and erroneously concluded that plaintiff was the father of the minor child. 10. That defendants owed plaintiff a duty of due care. 11. That the actions of defendants and each of them were negligent and below the standard of care, and said negligence was the proximate cause of damage to said plaintiff. That said negligent conduct was below the standard of care. 12. That as a direct and proximate result of the above negligent conduct, plaintiff has sustained severe and permanent injuries in an amount to be proven at trial. WHEREFORE, Plaintiff prays for judgment against the Defendants, and each of them, as follows: 1. For actual damages incurred by plaintiff in an amount to be proven at trial, including mental anguish, pain and?suffering. 2. For general damages. 2. For such other and further relief as the Court deems just. DATED this day of April, 2002. BAYHAM JERMAN, PLC Alan Bayham Attorney for Plaintiff COPY FOR CERTIFICATION MAY 1 4 2003 3' BAYHAM JERMAN, PLC . MICHAEL 3800 N. Central Ave, Ste. 520 8 Phoenix, Arizona 85012 [er Wk Telephone: 602?200-9050 . Fax: 602-265?5269 Alan Bayham, SBA 004817 Stanley M. Jerman, SBA 001286 CERTIFIED COPY Attorneys for Plaintiff IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF MARICOPA MILAN IEKNICH, a single man; and KIMBERLY ROBBINS, a single woman, NO. CV 2002-007506 Plaintiff, - vs. JUDGMENT co oration; i a forrpeign co oration; JOHN and JANE DOES 1-x; i DEFAULT JUDGMENT ABC ORATIONS 1-x; BLACK and WHITE PARTNERSHIPS and/or sou-2 PROPRIETORSHIPS I-X, Defendants. This matter having come on regularly for hearing on Default Judgment, and it appearing to the court that defendant HEALTHGENE CORPORATION, a foreign corporation, and defendant GENETEST LABORATORIES, a foreign corporation, were duly served with the Summons and First Amended Complaint and Application for Default, and said defendants having failed to appear or otherwise defend within the time periods provided by law, and the comt having considered the evidence presented at said hearing, NOW, THEREFORE, IT IS ORDERED, that plaintiff MILAN JEKNICH, a single man, have judgment on his complaint against defendant HEALTHGENE CORPORATION, a foreign corporation, and defendant GENETEST LABORATORIES, a foreign corporation, and each of them, in the sum of Five Hundred Thousand Dollars with interest thereon at the rate of 10% pet annum from the date of judgment, until paid. I FURTHER ORDERED, that plaintiff KIMBERLY ROBBINS, a single woman, have judgment on her complaint against defendant HEALTHGENE CORPORATION, a foreign corporation, and defendant GENETEST LABORATORIES, a foreign corporation, and each of them, in the sum of Five Hundred Thousand'Dollars with interest thereon at the rate of 10% per annum from the date of judgment, until paid. IT IS FURTHER ORDERED, that plaintiffs have judgment against defendant HEALTHGENE CORPORATION, a foreign corporation, and defendant GENETEST LABORATORIES, a foreign corporatio and each of them, for court cosrs in the sum of $430.00, plus accruing costs. DATED this day of May, 2003. MARI COUNTY SUPERIOR COURT By Hon. I {666131; icer 9,5. I. I: r] I 915-": 3?3 :15? $2 '33 ~13, If 3? at: .9 03