GODED ?3 a .01 0 24th JUDUCIAL DISTRICT COURT FOR THE PARISH OF JEFFERSON DIV STATE or LOUISIANA MELy?ngezE ZEN Case Division Docket No. 0 SCOTT WILLIAM MCQUAIG, in his individual capacity, and as the?33gb Father and Natural Tutor for the minor child, MADISON SCOTT MCQUAIG 47? g; 5% c) V. {31:11 "r1. :1 SEE a: WARREN BODENHEIMER as FILED: la 1C3 b) DEPUTY CLERK U1 6 9 at" PETITION FOR DAMAGES The petition of SCOTT WILLIAM MCQUAIG in his individual capacity and as the Father and Natural Tutor for the minor child MADISON SCOTT MCQUAIG, Father and Daughter domiciled in the Parish of Jefferson, respectfully represents: 1. Made Defendants herein are A . WARREN BODENHE IMER, B. d0m101led in the Parish of Jefferson, XYZ Insurance Company, {a company unknown at this time) a foreign insurance company authorized to do and dOing buSiness in the State of Louisiana, the Secretary of State of the State of LouiSIana as its agent upon whom citation and serVice are to be made. 2. From a period starting on or about February 1 2004 and continuing to December 7 2004 the defendant did by his own actions engage in extreme and outrageous conduct negligently and/or intentionally causing severe emotional distress to petitioners and he is therefore subject to liability for such emotional distress and any bodily harm resulting from his conduct 3. It is alleged that the defendant engaged extreme and outrageous in conduct that was a result of his behavior and that as emotional distress was suffered by the plaintiffs and that damage was severe; and that the defendant desired to inflict severe emotional distress or knew that severe emotional distress would be certain or substantially certain to result from his conduct 4. The plaintiffs specifically reserve the right to later amend this petition to list the specific actions of the defendant that have resulted in this cause of action 5. During these actions of the defendant, plaintiffs gave no cause for Defendants intentional or negligent actions and in no way did the plaintiffs contribute to Defendants actions and behaVIOr Issug '4 . If ?r .. IMAGED DEE 8?04 6. The damages incurred by the plaintiffs were caused solely and by the intentional and/or negligent actions, and sole fault, of the defendant. 7. Petitioners allege on information and belief, that at the time of the actions of the defendant described above, the defendant was covered by a liability insurance policy, which had been sold and delivered by XYZ INSURANCE COMPANY (a company unknown at this time) to said WARREN BODENHEIMER, which policy was then in full force and effect by virtue of the payment of premiums and otherwise. 8. Petitioners further allege on information and belief that under the terms of said policy, XYZ INSURANCE COMPANY (a company unknown at this time) obligated itself to pay any and all damages caused to others as ea result of the negligent acts of WARREN BODENHEIMER, reserved to be later described above, were covered by said policy at the time of said actionable behavior. 9. WARREN BODENHEIMER and XYZ INSURANCE COMPANY (a company unknown at this time) are therefore liable in solido.unto Plaintiffs for the damages and losses sustained by Defendants actions. 10. As a result of the actions of the defendant, reserved to be later described above, SCOTT WILLIAM NEQUAIG and NEDISON SCOTT MCQUAIG have suffered extreme physical and emotional distress as well as extreme anguish. 11. As a result of the actions of the defendant, plaintiffs were forced to undergo, and is still undergoing' medical treatment, and. have suffered and will continue to suffer restrictions and limitations on their activities. 12. The injuries to plaintiff SCOTT WILLIAM MCQUAIG, and the resulting pain and disability, have diminished plaintiff SCOTT WILLIAM ability to work, and he has lost earnings in amounts to be proven with particularity at trial. 13. Plaintiffs have suffered special damages in the form of nedical expenses incurred as a result of the defendants actions, and will continue 1x3 incur medical expenses as 51 result (If the defendants actions. 14. Plaintiffs herein are therefore entitled to damages for the items set forth above in such amounts as are reasonable under the circumstances. Plaintiffs allege that they have incurred. damages sufficient to entitle them to a trial by jury. 15. During the time leading up to the filing of this petition Defendant has harassed, injured and physically threatened abuse to the Plaintiffs and Defendant threatens to continue to do so, and Plaintiffs fear that Defendant will continue to harass, injure and physically abuse Plaintiffs during the pendency of these proceedings. 16. A temporary restraining order should issue herein, without bond, directed to Defendant, restraining and enjoining Defendant from harassing, and or physically abusing Plaintiffs. It should further direct that the Defendant be prohibited from coming within 500 feet of the plaintiffs person as well as the residence of the Plaintiffs at 1104 ?Metairie ?Road, 'Metairie, LA ?70005 or the office of the Plaintiff at 100 Lilac Street, Metairie, LA 70005 as well as the school of the ndnor Plaintiff at St Paul's Episcopal School, 6249 Canal Blvd, New Orleans, LA 70124. 17. Defendant should be ordered to show cause why this Court should not issue a preliminary injunction directed to Defendant, restraining and enjoining Defendant from harassing, and or physically abusing Plaintiffs. It should further direct that the Defendant be prohibited from coming within 500 feet the plaintiffs person as well as the residence of the Plaintiffs at 1104 Metairie Road, Metairie, LA 70005 or the office of the Plaintiff at 100 lilac Street, Metairie, LA 70005 as well as the school of the minor Plaintiff at St Paul's Episcopal School, 6249 Canal Blvd, New Orleans, LA 70124. 18. In due course, a final injunction should issue herein in the form and substance of the said temporary restraining order and preliminary injunction. 19. The plaintiffs reserve their right to amend this petition to he tried by jury. WHEREFORE, petitioners pray: A. That this Court issue ea temporary restraining order, without bond, directed to Defendant, WARREN BODENHEIMER, restraining, enjoining and prohibiting Defendant from harassing, and or physically abusing Plaintiffs, SCOTT WILLIAM MCQUAIG, and the minor child, MADISON SCOTT MCQUAIG. it should further direct that the Defendant, WARREN BODENHEIMER, be prohibited from coming within 500 feet of the plaintiffs person as well as the residence of the Plaintiffs at 1104 Metairie Road, Metairie, LA 70005 or the office of the Plaintiff at 100 Lilac Street, Metairie, LA 70005 as well as the school of the minor Plaintiff at St Paul's Episcopal School, 6249 Canal Blvd, New Orleans, LA 70124.; D. That this Court issue ea rule nisi, directed. to IDefendant, WARREN BODENHEIMER, to show cause why a preliminary injunction should not issue directed to Defendant, restraining, enjoining and prohibiting Defendant from harassing, and or physically abusing Plaintiffs, SCOTT WILLIAM MCQUAIG, and the minor child, MADISON MCQUAIG. It should further direct that the Defendant, WARREN BODENHEIMER, be prohibited from coming within 500 feet of the plaintiffs person as well as of the residence of the Plaintiff at 1104 Metairie Road, Metairie, LA 70005 or the office of the Plaintiff at 100 Lilac Street, Metairie, as well as the school of the minor Plaintiff at St Paul's Episcopal School, 6249 Canal Blvd, New Orleans, LA 70124; E. That Defendant, WARREN BODENHEIMER, be served with a Notice of the filing of this petition, with a certified copy of this petition, with the temporary restraining orders, rules to show cause, and order of Court assigning the date and hour of the trial thereon; and 1. That after due proceedings, there be judgment in favor of Plaintiffs, and against Defendant, WARREN BODENHEIMER: 2. Ordering the issuance of a final injunction directed to Defendant, WARREN BODENHEIMER, restraining, enjoining and prohibiting Defendant from harassing, and or physically' abusing? Plaintiffs, MCQUAIG, and the minor child, MADISON SCOTT MCQUAIG. It should further direct that the Defendant, WARREN BODENHEIMER, be prohibited from coming within 500 feet of the plaintiffs person as well as the residence of the Plaintiff at 1104 Metairie Road, Metairie, LA 70005 or the office of the Plaintiff at 100 Lilac Street, Metairie, LA 70005 as well as the school of the minor Plaintiff at St Paul's Episcopal School, 6249 Canal Blvd, New Orleans, LA 70124 until further order of this Court; AND IN ADDITION: That certified copies of this petition, together with citation, be issued and served according to law on the defendants: Warren Bodenheimer 2036 Belmont Place Metairie, LA 70001?2608 After the lapse of all legal delays and proceedings had, there be judgment against Defendant, Warren Bodenheimer, and XYZ INSURANCE COMPANY (a company unknown at this time), in solido, in favor of SCOTT WILLIAM MCQUAIG and MADISON SCOTT MCQUAIG, in such amounts as are reasonable under the circumstances. For legal interest front date of judicial demand on all amounts awarded, and for all costs of these proceedings; and For all necessary orders and decrees as may be required or proper in the premises and for full, general and equitable relief. SKRMETTA ASSOCIATES Attorneys for SCOTT WILLIAM MCQUAIG MADISON SCOTT MCQUAIG 501 Destrehan Avenue Harvey, LA 70058 504?34 1*5631 5? BY: Eric F. Skrmetta, JD, LL.M BAR ROLL NO. 17141 PLEASE SERVE: Mr. Warren Bodenheimer 2036 Belmont Place Metairie, LA 70001w2608 24th JUDUCIAL DISTRICT COURT FOR THE PARISH OF JEFFERSON STATE OF LOUISIANA Case No. Division Docket No. SCOTT WILLIAM MCQUAIG, in his individual capacity, and as the Father and Natural Tutor for the minor child, MADISON SCOTT MCQUAIG v. 0 as 5? r3: WARREN BODENHEIMER 23:, 6" FILED: 00:3, 39:1) DEPUTY CLERK LA 1? ?1 1?5 (-7 AFFIDAVIT or PLAINTIFF sign .65 a m'N STATE OF LOUISIANA PARISH OF JEFFERSON BEFORE ME, the undersigned Notary Public, personally came and appeared SCOTT WILLIAM MCQUAIG, who, after being duly sworn, did depose and state: That he is Plaintiff in the above and foregoing petition, as well as the Natural Tutor of the minor child. MADISON SCOTT MCQUAIG, and that all of the allegations of fact contained therein are true and. correct to the ?best. of? his information, \l SCOTTVWILLIAM MCQUAIG RN TO AND ED BEFORE ME on the 31? day of Dece er, 004 ERIC F. SKRMETTA, NOTARY PUBLIC knowledge and belief. 24th JUDUCIAL DISTRICT COURT FOR THE PARISH OF JEFFERSON STATE OF LOUISIANA Case No. Division Docket No. SCOTT WILLIAM MCQUAIG, in his individual capacity, and as the Father and Natural Tutor for the minor Child, MADISON SCOTT MCQUAIG V. WARREN BODENHEIMER FILED: DEPUTY CLERK ORDER THE ABOVE PETITION AND AFFIDAVIT CONSIDERED: IT IS ORDERED that a temporary restraining order issue herein, without bond, directed to defendant, WARREN BODENHEIMER, restraining, enjoining and prohibiting Defendant from harassing, and or physically abusing Plaintiffs, SCOTT WILLIAM MCQUAIG, and the Honor child, MADISON SCOTT MCQUAIG. It should further direct that the Defendant, WARREN BODENHEIMER, be prohibited from coming within 500 feet of the plaintiffs person as well as the residence of the Plaintiff at 1104 Metairie Road, Metairie, LA 70005 or the office of the Plaintiff at 100 Lilac Street, Metairie, LA 70005 as well as the school of the minor Plaintiff at Eh: Paul's Episcopal School, 6249 Canal Blvd, New Orleans, LA 70124 until further order of this Court. IT IS FURTHER ORDERED that defendant, ERIN MONAGHAN MCQUAIG, do show cause, on the day of at HM.M, why there should. not be judgment in favor of plaintiffs, SCOTT WILLIAM MCQUAIG, and the minor Child NRDISON SCOTT MCQUAIG, and against defendant, WARREN BODENHEIMER, as follows: A. Ordering the issuance of preliminary writs of injunction in the form and substance of the above temporary restraining orders. ORDER THE ABOVE PETITION AND AFFIDAVIT CONSIDERED: IT IS ORDERED that a temporary restraining order issue herein, without bond, directed to defendant, WARREN BODENHEIMER, restraining, enjoining and prohibiting Defendant from harassing, and or physically abusing Plaintiffs, SCOTT WILLIAM MCQUAIG, and the minor child, MADISON SCOTT MCQUAIG. It should further direct that the Defendant, WARREN BODENHEIMER, be prohibited from coming within 500 feet of the plaintiffs person as well as the residence of the Plaintiffs at 1104 Metairie Road, Metairie, LA 70005 or the office of the Plaintiff at 100 Lilac Street, Metairie, LA 70005 as well as the school of the minor Plaintiff at St Emhl's Episcopal School, 6249 Canal Blvd, New Orleans, LA 70124 until further order of this Court. IT IS FURTHER ORDERED that defendant, WARREN BODENHEIMER, do Show cause, on the day of at HH.M, why there should not be judgment in favor of plaintiffs, SCOTT MCQUAIG, and the Humor child MEDISON SCOTT MCQUAIG and against defendant, WARREN BODENHEEMER, as follows: Ordering' the issuance of preliminary writs of injunction in the form and substance of the above temporary restraining orders. Signed at Gretna, Louisiana, on JUDGE 24th JUDICIAL DISTRICT COURT FOR THE PARISH OF JEFFERSON STATE OF LOUISIANA Case No. 606~l43 Division Docket No. ERIN MONAGHAN MCQUAIG V. SCOTT WILLIAM MCQUAIG FILED: DEPUTY CLERK TEMPORARY RESTRAINING ORDER AND RULE TO SHOW CAUSE THE STATE OF LOUISIANA TO: Mr. warren Bodanheimer 2036 Belmont Place Matairie, LA 70001?2608 YOU ARE HEREBY ORDERED, RESTRAINED, ENJOINED AND PROHIBITED in the name of the State of Louisiana and of this Honorable Court from harassing, and or physically abusing Plaintiffs, SCOTT WILLIAM MCQUAIG, and the minor child, MADISON SCOTT MCQUAIG and it is further ordered that the Defendant, WARREN BODENHEIMER, is prohibited from coming within 500 feet of the plaintiffs person as well as the residence of the Plaintiffs at 1104 Metairie Road, Metairie, LA 70005 or the office of the Plaintiff at 100 Lilac Street, Metairie, as well as the school of the minor Plaintiff at St Raul's Episcopal School, 6249 Canal Blvd, New Orleans, LA 70124 until further order of this Court.. YOU ARE HEREBY ORDERED, DIRECTED, AND COMMANDED, in the name of the State of Louisiana and of this Honorable Court, to show cause before this Court on the day of at why there should not be judgment in favor of Plaintiffs, SCOTT WILLIAM REQUAIG, and the minor child, MADISON SCOTT MCQUAIG, and against you as follows: A. Ordering the issuance of preliminary writs of injunction in the form and substance of the above temporary restraining orders. All as prayed for in the Motion this day filed, a certified copy of which is attached hereto and made a part hereof. WITNESS the Honorable Judges of our Court on CLERK OF COURT 24th JUDUCIAL DISTRICT COURT PARISH OF JEFFERSON BY: DEPUTY CLERK A TRUE COPY - ATTEST BY: DEPUTY CLERK