State Court of Fulton County

**E-FILED**
16EV001679
4/6/2016 3:22:06 PM
LeNora Ponzo, Clerk
Civil Division

IN THE STATE COURT OF FULTON COUNTY

STATE OF GEORGIA
TYRONE CARNEGAY,
Plaintiff,

)
)
)
v.
)
)
WAL-MART STORES, INC.,
)
WAL-MART STORES EAST, L.P., )
ARIANA BOYD, TREVOR KING, )
Defendants.
)

CIVIL ACTION
FILE NO. ________________

COMPLAINT FOR DAMAGES

COMES NOW, TYRONE CARNEGAY, Plaintiff, and hereby files
this complaint for damages against Defendants ARIANA BOYD, TREVOR
KING, WAL-MART STORES, INC., and WAL-MART STORES EAST,
L.P. as follows:
1.
Plaintiff Tyrone Carnegay is a resident of Fulton County, and the
State of Georgia, at all times relevant to this complaint.
2.
Defendant Ariana Boyd (Defendant Boyd), is a citizen of the state of
Georgia who, upon information and belief, may be served with process in
Fulton County at her place of employment. Defendant is subject to the
jurisdiction and venue of this Court either as a resident of Fulton County or

as a joint tortfeasor.
3.
Defendant Trevor King (Defendant King), is a citizen of the state of
Georgia, who upon information and belief, may be served with process in
Fulton County either at his full-time place of employment, the Atlanta Police
Department, or at his part-time place of employment at the Walmart store
where the subject incident occurred. Defendant is subject to the jurisdiction
and venue of this Court either as a resident of Fulton County or as a joint
tortfeasor. With regard to all matters complained of herein, Defendants
Boyd and King were agents and/or employees of Defendants Wal-Mart
Stores, Inc. and/or Wal-Mart Stores East, L.P. (hereafter collectively
referred to as Defendant Wal-Mart) and all of their acts and omissions
complained of herein were performed in the scope of their agency and/or
employment with Defendant Wal-Mart.
4.
Defendant Wal-Mart Stores, Inc. is a foreign for-profit corporation
licensed to do business in the State of Georgia and which, with Defendant
Wal-Mart Stores East, L.P., does business as Walmart.

Defendants

registered agent, Corporation Process Company, is located at 2180 Satellite

Blvd., Suite 400, Gwinnett, Duluth, Georgia 30097, and Defendant may be

served with process through said registered agent at that location. Defendant
is subject to the jurisdiction and venue of this Court because it maintains
offices in Fulton County and the tort was committed in Fulton County.
5.
Defendant Wal-Mart Stores East, L.P. is a foreign for-profit
corporation licensed to do business in the State of Georgia and which, with
Defendant Wal-Mart Stores, Inc., does business as Walmart. Defendants
registered agent, Corporation Process Company, is located at 2180 Satellite
Blvd., Suite 400, Gwinnett, Duluth, Georgia 30097, and Defendant may be
served with process through said registered agent at that location. Defendant
is subject to the jurisdiction and venue of this Court because it maintains
offices in Fulton County and the tort was committed in Fulton County.
FACTS
6.
On or about October 12, 2014, Plaintiff Carnegay was shopping at
Defendant Wal-Marts store located at Martin Luther King, Jr. Drive,
Atlanta, Georgia where he purchased several items, including a tomato.
7.
After Mr. Carnegay finished his shopping and was leaving the store,
he was accosted by Defendant Boyd, who falsely accused him of shoplifting.

8.
As the plaintiff was leaving the store, he was then grabbed and
threatened by Defendant King.
9.
Despite the fact that he had done nothing wrong, Mr. Carnegay was
then severely beaten with a police baton by Defendant King.
10.
As a result of Defendant Kings brutal attack, Mr. Carnegay suffered
bodily injuries, including fractures to his right fibula and tibia.
11.
Mr. Carnegay was placed under arrest by or at the request of
Defendants King and Boyd, after which he was transported to Grady
Hospital for medical treatment and then transferred to the Fulton County jail.
COUNT ONE FALSE IMPRISONMENT
12.
Plaintiff realleges and specifically incorporates by reference
Paragraphs 1 through 11 as if fully set forth herein.
13.
The defendant was wrongfully accused, detained and arrested by
Defendants Boyd and King and incarcerated in the Fulton County Jail for

several days before being approved for pretrial release, and then had false
criminal charges pending against him for nearly a year.
14.
There was no probable cause to support the arrest or detention of Mr.
Carnegay.
15.
On October 9, 2015, the State Court of Fulton County entered an
order of nolle prosequi dismissing the charges that Defendants caused to be
filed against Mr. Carnegay.
16
As a direct and proximate result of defendants unlawful conduct, Mr.
Carnegay sustained damages in an amount to be determined at trial.
17.
At all times relevant herein, Defendant King acted maliciously and
with intent to injure Mr. Carnegay. Accordingly he is not able to rely upon
the defense of official immunity to the extent he claims that he was acting as
a police officer during his off-duty employment by Defendant Wal-Mart.
18.
At all times relevant herein, Defendants Boyd and King acted in bad
faith.

Accordingly, Wal-Mart is not entitled to rely upon the statutory

immunity available to merchants who make good-faith mistakes while

detaining suspected shoplifters.
19.
All of the above Defendants are liable for the false imprisonment of
Plaintiff Carnegay by Defendants Boyd and King within the scope of their
agency or employment.
COUNT TWO BATTERY
20.
Plaintiff realleges and specifically incorporates by reference
Paragraphs 1 through 19 as if fully set forth herein.
21.
As Plaintiff Carnegay was leaving the store, Defendant King grabbed
Mr. Carnegay and beat him mercilessly with a police baton until he broke
the plaintiffs right tibia and fibula.
22.
Defendant Kings use of force was unlawful, unjustified and
unreasonable. Accordingly, it amounted to a battery under Georgia law.
23.
As a direct and proximate result of Defendant Kings unlawful
conduct, Mr. Carnegay sustained serious bodily injuries.

24.
At all times relevant herein, Defendant King acted maliciously and
with intent to injure Mr. Carnegay. Accordingly he is not able to rely upon
the defense of official immunity to the extent he claims that he was acting as
a police officer during his off-duty employment by Defendant Wal-Mart.
25.
Defendant Wal-Mart is liable for Defendant Kings battery of Plaintiff
Carnegay the scope of Kings agency or employment.
26.
As a direct and proximate result of Defendant Kings unlawful
conduct, the plaintiff sustained damages in an amount to be determined at
trial.
DAMAGES
27.
Plaintiff realleges and specifically incorporates by reference
Paragraphs 1 through 26 as if fully set forth herein.
28.
As a sole, direct and proximate cause of the aforementioned unlawful
conduct of Defendants, Plaintiff Tyrone Carnegay is entitled to recover
compensatory damages from Defendants for his physical, mental and

emotional pain and suffering, both in the past and future, as well as for the
loss of liberty while incarcerated, damage to reputation, and legal fees
incurred to defend himself from the criminal charges against him, along with
past and future medical expenses and lost wages employment in an amount
to be determined by the enlightened conscience of fair and impartial jurors.
29.
Defendants displayed an entire want of care and indifference to the
consequences of their actions, thereby entitling Plaintiff to an award of
punitive damages in an amount to be determined by the enlightened
conscience of a jury.
30.
Because Defendants acted in bad faith in the events giving rise to this
lawsuit, Plaintiff is also entitled to recover reasonable attorneys fees and
costs of litigation in connection with this lawsuit under O.C.G.A. 13-6-11.
WHEREFORE, Plaintiff requests the following relief:
(a)

That Defendants be served with a copy of this complaint and answer as

required by law;
(b) That this action be tried by a jury;
(c)

That Plaintiff be awarded judgment against Defendants for monetary

damages as to all counts in an amount deemed appropriate by the jury to

fully compensate Plaintiff for the damages that he has suffered and will
continue to suffer;
(d)

That Plaintiff be awarded a judgment for punitive damages in an

amount to be determined by the enlightened conscience of the jury in this

case;
(e)

That Plaintiff be awarded attorneys fees and expenses of litigation;

(f)

That all costs of this action be taxed to Defendants; and

(g)

And that Plaintiff has such other and further relief as is just and

proper.
Respectfully submitted this 6th day of April, 2016.
/s/ Craig T. Jones
CRAIG T. JONES
Ga. Bar No. 399476
Attorney for Plaintiff
THE ORLANDO FIRM, P.C.
Decatur Court, Suite 400
315 West Ponce de Leon Avenue
Decatur, Georgia 30030
(404) 373-1800
craig@orlandofirm.com
/s/ Steven W. West
STEVEN W. WEST
Ga. Bar No. 748825
Attorney for Plaintiff
DAYS & WEST, P.C.
Post Office Box 42847
Atlanta, Georgia 30311-0847
(404) 872-7711
attystevenwest@yahoo.com