IN THE CIRCUIT COURT OF THE COUNTY OF ST.

LOUIS STATE OF MISSOURI BRIAN SPEAR and BRIAN SPEAR CONSTRUCTION, INC., Plaintiffs, v. JAMIE L. QUINN, Serve at: 318 Royallsprings Parkway OFallon, MO 63368 Defendant. ) ) ) ) ) ) ) ) ) ) ) )

Cause No. Division

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 duly organized 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. Spear. Defendant Quinns complaint included claims of unwanted contact by Plaintiff

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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. 2

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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 all the 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. 3

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

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

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 1910 St. Louis, MO 63105 (314) 725-6040 FAX: (314) 725-5161 LklineLaw@aol.com Attorney for Plaintiff