ELECTRONICALLY FILED - 2017 Mar 29 10:34 AM - SPARTANBURG - COMMON PLEAS - CASE#2017CP4201043

STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS

COUNTY OF SPARTANBURG SEVENTH JUDICIAL CIRCUIT

Kala Brown, C.A. No.: 2017-CP- 42- _____

Plaintiff, SUMMONS
vs. (Jury Trial Demanded)
Todd Kohlhepp & Associates, LLC and
TKA Real Estate,
Defendant.

To: The Defendant(s) Above Named:

You are hereby summoned and required to answer the Complaint in this action, a copy of
which is herewith served upon you, and to serve a copy of your answer to the Complaint upon
the subscriber at 401 Pettigru Street, Greenville, SC 29603, within thirty (30) days after the
service hereof, exclusive of the day of such service. If you fail to answer the Complaint within
that time, a judgment by default will be rendered against you for the relief demanded in the
Complaint.
BANNISTER, WYATT & STALVEY, LLC
s/Alex R. Stalvey
SC Bar No.: 71739
s/James Bannister
SC Bar No.: 8895
401 Pettigru Street (29601)
P.O. Box 10007 (29603)
Greenville, South Carolina
Phone: (864)298-0084; Fax: (864)298-0146
Attorneys for Plaintiff

GLEATON WYATT, PA
s/David S. Wyatt
SC Bar No.: 9782
935 S. Main Streeet
Greenville, South Carolina 29601
Phone: (864)250-9780 Fax: (864)250-9784
March 29, 2017 Attorney for Plaintiff

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 ELECTRONICALLY FILED - 2017 Mar 29 10:34 AM - SPARTANBURG - COMMON PLEAS - CASE#2017CP4201043
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS

COUNTY OF SPARTANBURG SEVENTH JUDICIAL CIRCUIT

Kala Brown, C.A. NO.: 2017-CP-42-__________

Plaintiffs, COMPLAINT

vs. (Jury Trial Demanded)

Todd Kohlhepp & Associates, LLC and TKA

Real Estate,

Defendants.

TO THE ABOVE NAMED DEFENDANTS: TODD KOHLHEPP & ASSOCIATES, LLC and

TKA REAL ESTATE:

Plaintiff, Kala Brown, by and through his undersigned attorney, allege the following:

JURISDICTIONAL STATEMENT

1. The Plaintiff is a resident of Anderson County in the State of South Carolina.

2. That the Defendant, Todd Kohlhepp & Assoociates, LLC also d/b/a TKA Real Estate,

upon information and belief, is a corporation organized and existing in the State of South

Carolina and conducts business in Spartanburg County, South Carolina.

3. That venue is proper in this Court as is personal and subject matter jurisdiction, with the

events having occurred in this venue.

SUMMARY OF FACTS

4. Todd Kohlhepp & Associates, LLC (hereinafter referred to as Defendant LLC) is a

limited liability corporation organized and formed pursuant to the provisions as described

and required by all applicable statutory and common law of the state of South Carolina.

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At times during its operation, Todd Kohlhepp & Associates, LLC did business as TKA

Real Estate.

5. Defendant LLC operates as a real estate business which buys, sells and manages homes

and other real property in the Upstate of South Carolina. Defendant LLC has retained

several individual real estate agents and employees to operate the business. One of those

real estate agents was Todd Kohlepp (hereinafter referred to as Kohlhepp), whose

duties at Defendant LLC included managing various properties in the upstate.

6. Kohlhepps duties and obligations as a real estate agent and property manager for

Defendant, LLC included having various homes cleaned and made presentable for current

and prospective clients.

7. Prior to serving as a broker, agent and property manager at Defendant LLC, Kohlhepp

had been convicted of kidnapping and as a result served an active prison sentence and

was required to register as a sex offender. Kohlhepps criminal conviction and sex

offender status is a result of allegations in 1986 from a female neighbor that Kohlhepp

bound and raped her at gunpoint when he was fifteen (15) years old.

8. With full knowledge of Kohlhepps criminal history and status as a registered sex

offender, Defendant LLC selected and hired Kohlepp who, as an agent of Defendant

LLC, performed the duties typically associated with a real estate agent, broker and

property manager which include, but are not limited to:

A. Establishing a trusting relationships with other colleagues, homeowners and

prospective clients in handling various types of real estate transactions;

B. Interview prospective clients;

C. Accompany clients to property sites;

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D. Access homes and properties of clients to prepare the property for showings; and

E. Draw up real estate contracts.

9. Defendant LLC hired Kohlhepp after determining him to be a fit and competent to

perform the above mentioned services despite having full knowledge of Kohlhepps

violent criminal history and conviction for kidnapping as well as his status as a registered

sex offender.

10. Defendant LLC presented Kohlhepp to the public as a trustworthy and reliable real estate

professional through various marketing materials including a website, tkarealestate.com.

11. Defendant LLC allowed Kohlhepp to carry out the above mentioned services associated

with the real estate business which included placing Kohlhepp in a position of trust

typically associated with individuals serving as real estate agents, brokers or property

managers. Defendant LLC allowed Kohlhepp to carry out these services despite having

full knowledge of Kohlhepps violent criminal history and conviction for kidnapping as

well as his status as a registered sex offender.

12. During his work and while serving as an agent with Defendant, LLC, Kohlhepp would

pay Plaintiff, Kala Brown, to clean homes that were being presented by Defendant LLC

for sale and/or rent to prospective buyers and/or tenants. The work performed by Plaintiff

was at the request of Kohlhepp and Plaintiff was paid with checks written on an account

in the name of Defendant LLC. The work Plaintiff was hired to perform by Kohlhepp

was in furtherance of the business of Defendant LLC.

13. Plaintiff would receive payment from Kohlhepp on behalf of Defendant LLC either at the

home or property where she performed her services or, at Kohlhepps personal residence

where he conducted business on behalf of Defendant LLC.

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14. On or about August 31, 2016, Plaintiff was contacted by Kohlhepp acting as an agent of

Defendant, LLC to perform cleaning services at a home in Woodruff, South Carolina

which is located in Spartanburg County. Plaintiff agreed to provide cleaning services for

this particular job was based on the trust she had established doing similar work for

Kohlhepp acting as an agent for Defendant LLC.

15. Representations made by Defendant LLC offered no indication or disclosure of any

potential danger to Plaintiff which may have been posed by Kohlhepp. Plaintiff was

never made aware by Defendant LLC of Kohlhepps criminal history or status as a

registered sex offender.

16. On August 31, 2016, Plaintiff was contacted by Kohlhepp regarding a new cleaning job

for Defendant LLC. Upon her arrival, Plaintiff was held against her will and falsely

imprisoned by Kohlhepp. Kohlhepp chained and locked Plaintiff inside a shipping

container and held her against her will for a period exceeding two months.

17. Plaintiff was rescued by officers with the Spartanburg Sheriffs Office on November 3,

2016.

18. By reason and in consequence of the aforesaid acts and/or omissions of the Defendant

LLC, Plaintiff sustained serious personal injuries; her injuries were of such a nature as to

require her and will in the future require her to expend monies for hospitalization,

doctors care, surgical procedures, intensive psychological counselling and treatment as

well as other medical necessities; she has suffered permanent physical impairment to her

body; that at all times since the incident, the Plaintiff has suffered and will continue to

suffer great pain and mental anguish as a result of Defendants reckless disregard for her

physical and psychological well-being.

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FIRST CAUSE OF ACTION

(Vicarious Liability)

19. The Plaintiff repeats and realleges all paragraphs above as if set forth herein verbatim.

20. Defendant LLC should be considered a master with Kohlhepp

21. Defendant LLC is vicariously liable for the acts of its servant, Kohlhepp, who was acting

within the course and scope of his employment when he falsely imprisoned and held

Plaintiff against her will for approximately two (2) months.

22. Kohlhepp had previously hired Plaintiff to provide services including cleaning houses

that were either for sale or rent by Defendant LLC.

23. As was their normal course of dealing, Plaintiff was engaged by Kohlhepp on August

31,2016 to clean a piece of property in furtherance of the services previously provided to

Defendant, LLC. The cleaning services provided by Plaintiff were services typically

related to the real estate business which Defendant, LLC was engaged in. Plaintiff had

performed cleaning services and been paid by check written on the account of Defendant

LLC on multiple prior occasions.

24. Kohlhepps actions which led to Plaintiff being held against her will and falsely

imprisoned, as well as the events that transpired during Plaintiffs captivity, were done

while Kohlhepp was acting within the scope of his employment with Defendant LLC.

25. By inducing Plaintiff to come to the Woodruff property under the pretenses of a cleaning

job, Kohlhepps actions were in furtherance of Defendant LLCs real estate business.

26. As a direct, foreseeable, and proximate result of Kohlhepps conduct which he undertook

in furtherance and for the benefit of Defendant LLCs real estate business, Plaintiff was

falsely imprisoned and suffered one or more of the following elements of damage:

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a) Physical, Psychological and Emotional pain;

b) Suffering;

c) Permanent impairment of health and bodily efficiency;

d) Loss of sleep and inability to concentrate;

e) Loss of the Plaintiffs enjoyment of life;

f) Increased susceptibility to future injury;

g) Substantial expenses for medical services; and Loss of income;

h) Loss of employment;

i) Loss of earnings and earning capacity;

j) Personal property damage;

k) Loss of use of property; and

l) Loss of business and employment opportunities

m) Substantial expenses for treatment of physical and psychological trauma.

27. That due to the negligent, reckless, willful and wanton conduct of Kohlhepp while

serving as an agent and performing services in furtherance of Defendant, LLCs business,

Defendant, LLC, the Plaintiff is entitled to actual and punitive damages in such amount

as to be determined by the trier of fact.

SECOND CAUSE OF ACTION

(Negligence)

28. The Plaintiff repeats and realleges all paragraphs above as if set forth herein verbatim.

29. Defendant owed a legal duty of care to Plaintiff to ensure that she was able to safely

complete the services she was hired to fulfill by Defendant.

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30. Defendant breached and violated that duty of care by allowing Kohlhepp to serve as a

real estate agent and property manager whose normal duties included hiring individuals

to perform work related to the real estate business.

31. Plaintiff was an individual hired by Todd Kohlhepp to perform work in furtherance of

Defendants business. Therefore, Plaintiff is within the class of persons to which

Defendant owed a duty of care.

32. As a direct, foreseeable, and proximate result of the aforesaid negligent, grossly

negligent, reckless, willful, and wanton acts and/or omissions of Defendant LLC,

Plaintiff was falsely imprisoned and held for approximately two months against her will

which caused her to suffer harm and personal injury.

33. As a direct, foreseeable, and proximate result of the aforesaid negligent, grossly

negligent, reckless, willful, and wanton acts and/or omissions of Defendant LLC,

Plaintiff was falsely imprisoned and held for approximately two months against her will

causing the Plaintiff to suffer one or more of the following elements of noneconomic and

actual economic damages:

a) Physical, Psychological and Emotional pain;

b) Suffering;

c) Permanent impairment of health and bodily efficiency;

d) Loss of sleep and inability to concentrate;

e) Loss of the Plaintiffs enjoyment of life;

f) Increased susceptibility to future injury;

g) Substantial expenses for medical services;

h) Substantial expenses for treatment of physical and psychological trauma;

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i) Loss of income;

j) Loss of employment;

k) Loss of earnings and earning capacity;

l) Personal property damage;

m) Loss of use of property; and

n) Loss of business and employment opportunities.

34. That due to the negligent, reckless, willful and wanton conduct of the Defendant, LLC,

the Plaintiff is entitled to actual and punitive damages in such amount as to be determined

by the trier of fact.

SECOND CAUSE OF ACTION

(Negligent Hiring, Supervision and Retention)

35. The Plaintiff repeats and realleges all paragraphs above as if set forth herein verbatim.

36. Defendant LLC, owed statutory and common law duties to the Plaintiff not to negligently

hire or retain individuals which were unfit or incompetent.

37. Prior to Kohlhepps employment as a real estate agent, broker and property manager,

Defendant knew or should have known, or by the exercise of reasonable or ordinary care

should have known that Kohlhepp was incompetent and unfit, thereby creating an

unreasonable risk of harm to another.

38. The failure of Defendant LLC to exercise reasonable and ordinary care in supervising

Kohlhepp during his employment as a broker, real estate agent and property manager

having previous knowledge of his violent and dangerous nature posed an unreasonable

risk to the safety of others and despite this knowledge, Defendant LLC was reckless and

grossly negligent in the hiring, retaining and supervising of Kohlhepp; and

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39. As a direct, foreseeable, and proximate result of the aforesaid negligent, grossly

negligent, reckless, willful, and wanton acts and/or omissions of Defendant LLC,

Plaintiff was falsely imprisoned by Kohlhepp and forced to suffer great physical and

psychological harm and injury, which has caused, and in the future will cause, the

Plaintiff to suffer one or more of the following elements of damage:

a) Physical, Psychological and Emotional pain;

b) Suffering;

c) Permanent impairment of health and bodily efficiency;

d) Loss of sleep and inability to concentrate;

e) Loss of the Plaintiffs enjoyment of life;

f) Increased susceptibility to future injury;

g) Substantial expenses for medical services;

h) Substantial expenses for treatment of physical and psychological trauma;

i) Loss of income;

j) Loss of employment;

k) Loss of earnings and earning capacity;

l) Personal property damage;

m) Loss of use of property; and

n) Loss of business and employment opportunities.

34. That due to the negligent, reckless, willful and wanton conduct of the Defendant, as well

as an agent acting on behalf of the Defendant which constitute a violation of statutory law,

the Plaintiff is entitled to actual and punitive damages in such amount as to be determined by

the trier of fact.

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WHEREFORE, the Plaintiff prays as follows:

1. That the Plaintiff recover a judgment against the Defendant in an amount sufficient to

compensate her for injuries and damages as described above;

2. That the Plaintiff recover a judgment for an amount of punitive damages as authorized by law;

and

3. That the Plaintiff recover all costs associated with this action and the Plaintiffs recover such

other relief as the court may deem just and proper.

BANNISTER, WYATT & STALVEY, LLC

s/Alex R. Stalvey
S.C. Bar No. 71739
401 Pettigru Street (29601)
P. O. Box 10007 (29603)
Greenville, South Carolina
Phone: (864) 298-0084; Fax: (864) 298-0146
astalvey@bannisterwyatt.com
Attorney for Plaintiff

GLEATON WYATT, P.A.

s/David S. Wyatt
S.C. Bar No.: 9782
935 S. Main Street, Ste. 203
Greenville, SC 29601
Phone: (864) 250-9780; Fax: (864) 250-9784
Wyatt@SEBlawfirm.com
March 29, 2017 Attorney for Plaintiff

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