Brian Spear Jamie Quinn Petition

5/28/2018 Brian Spear Jamie Quinn Petition

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IN THE CIRCUIT COURT OF THE COUNTY OF ST. LOUIS

STATE OF MISSOURI

BRIAN SPEAR and BRIAN SPEAR )

CONSTRUCTION, INC., )

)Plaintiffs, )

)

v. ) Cause No.

)

JAMIE L. QUINN, ) Division

Serve at: 318 Royallsprings Parkway )

OFallon, MO 63368 )

)

Defendant. )

PETITION

For this cause of action, Plaintiffs Brian Spear and Brian Spear Construction, Inc. state as

follows:

1. At all times herein mentioned, Plaintiff Brian Spear (Spear) is and was an

individual residing in St. Louis County, Missouri.

2. At all times herein mentioned, Plaintiff Brian Spear Construction, Inc. (Spear

Construction) is and was a corporation dulyorganized and existing under Missouri law, with its

principal place of business located in St. Louis County, Missouri.

3. At all times herein mentioned, Defendant Jamie L. Quinn (Quinn) is and was an

individual residing in St. Charles County, Missouri.

4. On or about August 28, 2013, Defendant Quinn contacted the St. Charles County

Sheriffs office and made a complaint of harassment against Plaintiff Spear.

5. Defendant Quinns complaint included claims of unwanted contact by Plaintiff

Spear.


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6. Although Defendant Quinn provided the St. Charles County Sheriffs Department

with information regarding Plaintiff Spear, she intentionally failed to provide all the information

of all contacts between Defendant Quinn and Plaintiff Spear, including all of the contact initiated

by Defendant Quinn.

7. Based upon the limited information given to the St. Charles County Sheriffs

Department by Quinn regarding Spear, a probable cause statement was issued by the St. Charles

County Sheriffs Department to the St. Charles County Prosecuting Attorneys Office.

8. Thereafter, on or about September 11, 2013, Plaintiff Spear was charged with

aggravated stalking, a felony, and was arrested for that charge.

9. On or about September 11, 2013, criminal proceedings were commenced against

Brian Spear in the Circuit Court of St. Charles County, Missouri, Cause No. 1311-CR05338.

10. Both before and following the arrest of Plaintiff Brian Spear, numerous published

reports of said arrest appeared in various online, broadcast, and print media, all of which caused

damage to the reputation of Plaintiffs Spear and Spear Construction.

11. On or about January 6, 2014, the criminal charges filed against Plaintiff Spear as

contained in Cause No. 1311-CR05338, were dismissed, and Plaintiff Spear has never been

found guilty of said charge in any criminal proceedings.

Count I - Injurious Falsehood

For Count I of his cause of action, Plaintiff Spear states as follows:

12. Plaintiff restates and realleges paragraphs 1 through 11 of this Petition as if fully

set forth in this Count I.

13. The cause of action in this count arose in St. Louis County, Missouri.


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14. At the time Defendant Quinn made her complaint to the St. Charles County

Sheriffs Department, she intended for her statement to result in pecuniary harm to Plaintiff

Spear and his business, which carries his name, Brian Spear Construction, or recognized or

should have recognized it was likely to result in pecuniary harm thereto.

15. Defendant Quinn knew her statements were false and/or misleading or she acted

in reckless disregard of their truth or falsity in that Defendant Quinn failed to provide the St.

Charles County Sheriffs Department with allthe communication between Plaintiff Spear and

Defendant Quinn.

16. As a direct and proximate result of the aforesaid conduct of Defendant Quinn,

Plaintiff Spear has been forced to defendant himself in Cause No. 1311-CR05338, thereby

incurring legal fees, costs and expenses; Plaintiff has suffered humiliation, embarrassment,

disgrace, fright, injury to feelings, injury to reputation, emotional trauma, and mental anguish,

and he has lost the benefits of his ownership of Brian Spear Construction, and will continue to

lose said benefits in the future.

WHEREFORE, Plaintiff, Brian Spear, prays for judgment in his favor and against

Defendant Quinn on Count I of this Petition in a fair and reasonable sum in excess of

Twenty-Five Thousand Dollars ($25,000.00), for his costs incurred herein, prejudgment interest,

and such other and further relief as this Court deems just and proper.

Count II - Malicious Prosecution

For his cause of action in Count II, Plaintiff Brian Spear states as follows:

17. Plaintiff restates and realleges paragraphs 1 through 11 of this Petition as if fully

set forth in this Count II.


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18. The prosecution was commenced and instituted by Defendant Quinn without

probable cause or reasonable basis.

19. At the time of the prosecution, Defendant Quinn was angry with Plaintiff Spear

for ending his relationship with her and commencing a relationship with another person.


Plaintiff Spear has been forced to defendant himself in Cause No. 1311-CR05338, thereby

incurring legal fees, costs and expenses; Plaintiff has suffered humiliation, embarrassment,

disgrace, fright, injury to feelings, injury to reputation, emotional trauma, and mental anguish,

and he has lost the benefits of his ownership of Brian Spear Construction, and will continue to

lose said benefits in the future.

WHEREFORE, Plaintiff, Brian Spear, prays for judgment in his favor and against

Defendant Quinn on Count II of this Petition in a fair and reasonable sum in excess of

Twenty-Five Thousand Dollars ($25,000.00), for his costs incurred herein, prejudgment interest,

and such other and further relief as this Court deems just and proper

Count III - Injurious Falsehood

For its cause of action in Count III, Plaintiff Brian Spear Construction, Inc. states as

follows:

21. Plaintiff Brian Spear Construction restates and realleges paragraphs 1 through 16

of the Petition as if fully set forth in this Count III.


Plaintiff Spear Construction has suffered an injury to its reputation which caused this Plaintiff to


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lose revenue and will continue to do so in the future and to incur expenses it would not have had

to incur otherwise.

WHEREFORE, Plaintiff Brian Spear Construction, Inc. prays for judgment in its favor

and against Defendant Quinn in an amount in excess of Twenty-Five Thousand Dollars

($25,000.00), and for such other and further relief as this Court deems just and proper.

Respectfully submitted,

__________________________

Lee G. Kline, #32496

7777 Bonhomme, Suite 1910St. Louis, MO 63105

(314) 725-6040

FAX: (314) 725-5161

[email protected]

Attorney for Plaintiff

Documents

Brian Spear Jamie Quinn Petition