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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA


CIRCUIT CIVIL

LINDA HART FLAX,

PLAINTIFF, 09 11403
Case No.
V

STEVEN TODD FLAX, M.D., MBA,


DW\S\ON G
DEFENDANT.

COMPLAINT

Plaintiff, Linda Hart Flax, by and through the undersigned attorney, sues Defendant,

Steven Todd Flax, and avers:

1. This is a cause of action for damages that exceeds FIFTEEN THOUSAND

DOLLARS ($15,000.00).

2. Plaintiff, Linda Hart Flax and Defendant, Steven Todd Flax, met, became

engaged, were married and are now divorcing.

COUNT I

PSYCHOLOGICAL AND EMOTIONAL SPOUSE ABUSE

3. Plaintiff reiterates and adopts paragraphs 1 and 2 above and further avers:

4. This is a cause of action for damages that exceeds $15,000.00 (Fifteen-

thousand dollars).

5. During the course of the marriage and separation Defendant engaged in

systematic and unending psychological and emotional spouse abuse against Plaintiff:

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(a). Very shortly after the marriage, Defendant awakened Plaintiff one

morning and required Plaintiff to sign a post-nuptial agreement

immediately and without counselor legal review under threat of

immediate divorce,

(b). During the course of the marriage, Defendant engaged in shouting

and verbal abuse in an attempt to gain control of Plaintiff,

(c). Defendant engaged in excessive use of alcohol and required Plaintiff

to indulge in same contrary to her previous habits leading to her

alcoholism,

(d). In Plaintiffs presence, abused a family dog,

(e). Forced Plaintiff to use her name on Defendant's pre-existing day

trading stock accounts to cloak the accounts from the view of others,

(t). Defendant engaged in other activities and behaviors that caused

Plaintiff fear and submission to his control.

6. As a further and direct approximate result of the foregoing, Plaintiff has in

the past and will in the future, suffer and incur great mental pain and suffering, anguish,

embarrassment, humiliation, a loss of earning and has in the past and will in the future be

compelled to incur expenses for doctors and other related medical care and attention and

has been rendered less able to lead and enj oy a normal life and to provide a home for

herself.

WHEREFORE Plaintiff, Linda Hart Flax hereby sues Defendant, Steven Todd Flax

and demands judgment within the jurisdictional limits of this court to wit: in excess of

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FIFTEEN THOUSAND DOLLARS ($15,000.00), exclusive of interest and costs and

demands a trial by jury of all issues triable as of right by a jury.

COUNT II

INTENTIONAL INFLICTION OF SEVERE EMOTIONAL DISTRESS

7. Plaintiff reiterates and adopts paragraphs 1, 2 and 6 (a- f) above and further

avers:

8. Defendant, Steven Todd Flax, deliberately, intentionally and recklessly

engaged in behavior that he intended when he knew or should have known that emotional

distress to Plaintiff, Linda Hart Flax, would likely result which exposed Plaintiff, Linda

Hart Flax to disgust, hatred, contempt, ridicule or obloguy which caused Plaintiff to be

avoided, injured in her occupation, potential employment, church, social engagements and

life and engaging in conduct that was outrageous and beyond the bounds of decency,

atrocious and utterly intolerable in a civilized community to wit:

(a). Defendant after receiving lists of where Plaintiff applied for

employment, sent packages of derogatory information to perspective

employers, detrimental to Plaintiffs employment opportunities,

(b). Sending packages of derogatory information to the condominium

association board where Plaintiff resided, causing Plaintiff to be

removed from the condominium apartment,

(c). Sending packages of derogatory information to the deacons and

individuals within the Plaintiffs church,

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(d). Sending derogatory correspondence a local State's Attorney, State's

Attorney General and to State judges concerning Plaintiff,

(e). Sent a package of pictures and a CD of illegally recorded material to

Plaintiffs mother.

(t). Offer to share illegally recorded material with Plaintiffs ex-husband.

(g). Sent a very negative Facebook page to individuals and a long known

national executive recruiter concerning Plaintiff,

(h). Sent emails to the condominium association board of directors

where Plaintiff resided containing derogatory reports and audio

recordings of Plaintiff in an attempt to get her thrown out of her

condominium.

(I). Created an unauthorized blog in Plaintiffs name containing

derogatory information concerning Plaintiff, forwarded same to the

associate Pastor and Minister of Music at Plaintiffs church,

G). Sent email under Plaintiffs former married name to pastoral staff,

ministers, all staff and leaders of Plaintiffs home church which

contained derogatory information,

(k). Sent Plaintiff email indicating her dog had been run over by a car,

when it had not been,

(1). Sent derogatory information along with an illegal audio recording

concernmg Plaintiff to his family, nieces and numerous of his

friends.

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9. The above listed conducted by Defendant, Steven Todd Flax, was

outrageous, that goes beyond all bounds of decency, and is regarded as odorous and utterly

intolerable in a civilized community.

10. The conduct by Defendant, Steven Todd Flax, caused severe emotional

distress to Plaintiff, Linda Hart Flax, and the emotional distress is severe and as a direct and

proximate result of the foregoing Plaintiff, has been caused to be seriously and grievously

emotional injured and shocked.

11. As a further and direct approximate result of the foregoing, Plaintiff has in

the past and will in the future, suffer and incur great mental pain and suffering, anguish,

embarrassment, humiliation, a loss of earning and has in the past and will in the future be

compelled to incur expenses for doctors and other related medical care and attention and

has been rendered less able to lead and enjoy a normal life and to provide a home for

herself, all which conditions are permanent and continuing in their nature.

WHEREFORE Plaintiff, Linda Hart Flax hereby sues Defendant, Steven Todd Flax

and demands judgment within the jurisdictional limits of this court to wit: in excess of

FIFTEEN THOUSAND DOLLARS ($15,000.00), exclusive of interest and costs and

demands a trial by jury of all issues triable as of right by a jury.

COUNT III

Negligent Infliction of Severe Emotional Distress

12. Plaintiff reiterates and adopts paragraph 1, 2, 5 (a-f) and 8 (a-I) above and

further avers:

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13. Defendant did so negligently and carelessly engage in the activities listed in

paragraphs 5 and 6 and as a direct and proximate result of such carelessness and

negligence, Plaintiff has in the past and will in the future suffer and incur the following

damages: great mental pain and suffering, anguish, embarrassment, humiliation and a loss

of earnings. Plaintiff has in the past and will in the future be compelled to incur expenses

for doctors and other related medical care and attention. Plaintiff has been rendered less

able to lead and enjoy a normal life and to provide a home for herself.

WHEREFORE Plaintiff, Linda Hart Flax hereby sues Defendant, Steven Todd Flax

and demands judgment within the jurisdictional limits of this court to wit: in excess of

FIFTEEN THOUSAND DOLLARS ($15,000.00), exclusive of interest and costs and

demands a trial by jury of all issues triable as of right by a jury.

COUNT IV

CONSPIRACY TO ENGAGE AN AFFLICTION OF EMOTIONAL DISTRESS

14. Plaintiff reiterates and adopts paragraphs 1, 2 and 8 (a-I) above and further

avers:

15. Defendant, Steven Todd Flax, did conspire with another individual (whose

present name is not known at present) to engage in the actions of creating and sending false

emails, facebooks and blogs as indicated in paragraphs above and as a direct and proximate

result of the foregoing, Plaintiff has in the past and will in the future, suffer and incur the

following damages: great mental pain and suffering, anguish, embarrassment, humiliation,

a loss of earning and a permanent diminishment of overall earning capacity, that she has in

the past and will in the future be compelled to incur expenses for doctors, and other related

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medical care, that she has been rendered less able to lead and enjoy a normal life and to

provide a home for herself.

WHEREFORE Plaintiff, Linda Hart Flax hereby sues Defendant, Steven Todd Flax

and (Individual presently not known co-conspirator) and demands judgment within the

jurisdictional limits of this court to wit: in excess of FIFTEEN THOUSAND DOLLARS

($15,000.00), exclusive of interest and costs and demands a trial by jury of all issues triable

as of right by ajury.

COUNT V

INVASION OF PruvACY

16. Plaintiff reiterates and adopts paragraphs 1 and 2 above and further avers:

17. Defendant by his own sworn testimony placed in Plaintiffs and Defendant's

marital residence a secret audio recording device in all rooms of the residence, including

but not limited to the marital bedroom, bathrooms, living rooms, guest rooms, children's

room, basically all rooms and locations in the house. Such audio recording device,

recorded conversations, marital relations, bathroom activities, etc ... , all without the

knowledge of Plaintiff, until she learned of same during the sworn testimony by Defendant

on August 29,2008.

18. This invasion of Plaintiffs privacy occurred apparently prior to the

marriage, during the marriage and after the parties were separated but still living at the

marital residence.

19. During the marriage, Defendant secretly recorded intimate marital relations

between the Plaintiff and Defendant.

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20. The audio recordings were intentional and unlawful intercepts pursuant to

Fla. Stat. 934.03. and were for a torturous purpose and have been used for torturous

purpose.

21. As a direct and proximate result of the foregoing, Plaintiff has in the past

and will in the future, suffer and incur the following damages: great mental pain and

suffering, anguish, embarrassment, humiliation, a loss of earning and a permanent

diminishment of overall earning capacity, that she has in the past and will in the future be

compelled to incur expenses for doctors, and other related medical care, that she has been

rendered less able to lead and enjoy a normal life and to provide a home for herself.

WHEREFORE Plaintiff, Linda Hart Flax hereby sues Defendant, Steven Todd Flax

and demands judgment within the jurisdictional limits of this court to wit: in excess of

FIFTEEN THOUSAND DOLLARS ($15,000.00), exclusive of interest and costs and

demands a trial by jury of all issues triable as of right by a jury.

COUNT VI

TORT OF INTRUSION UPON EXCLUSION

22. Plaintiff reiterates and adopts paragraphs 1, 2, 16 through 20 above and

further avers:

23. Defendant, Steven Todd Flax, intentionally intruded physically or otherwise

upon the solitude or seclusion of Plaintiff, Linda Hart Flax, by the highly offensive to a

reasonable person intrusion of placing listening devices in the marital bedroom, bathrooms

and other private areas of the residence Plaintiff expected to be alone in.

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24. Defendant, Steven Todd Flax, confirmed the intentional nature of his

actions in his sworn testimony taken on August 29, 2008.

25. The intrusion upon Plaintiffs seclusion would be highly offensive to any

reasonable person having been placed in locations where any reasonable person would

expect the utmost privacy, Defendant's action unreasonable and knowingly assaulted

Plaintiffs privacy and intimacy in locations Plaintiff had a reasonable expectation to

privacy and the wrongfulness of the conduct springs from the fact Plaintiffs activities were

recorded without her knowledge and consent at a time and place and under the

circumstances in which she had a reasonable expectation of privacy.

26. As a direct and proximate result of the foregoing, Plaintiff has in the past

and will in the future, suffer and incur the following damages: great mental pain and

suffering, anguish, embarrassment, hunli1iation, a loss of earning and a permanent

diminishment of overall earning capacity, that she has in the past and will in the future be

compelled to incur expenses for doctors, and other related medical care, that she has been

rendered less able to lead and enjoy a normal life and to provide a home for herself.

WHEREFORE Plaintiff, Linda Hart Flax hereby sues Defendant, Steven Todd Flax

and demands judgment within the jurisdictional limits of this court to wit: in excess of

FIFTEEN THOUSAND DOLLARS ($15,000.00), exclusive of interest and costs and

demands a trial by jury of all issues triable as of right by a jury.

~ ~,.,
Dated at St. Petersburg, FL, ~/v\.~ooJ

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Thomas M. Woo ff, Esq .
Woodruff Injury Law
4055 Central Avenue
St Petersburg, FL 33713
(727) 327-3111 Phone
(727) 327-1776 Fax
FL Bar No. 121693
Attorney for Plaintiff

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cc: Plaintiff

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