STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF MACOMB

JANET DOE as Next Friend

of, JANE DOE, a minor

Plaintiff,
CASE NO.:
v.
JUDGE:
TURNER SERVICES GROUP, INC
TURNER SERVICES GROUP, LLC
and JERRY JEROME BROWN-PEGUES,
Jointly and Severally

Defendants.
_______________________________/
VEN R. JOHNSON(P39219)
THOMAS W. WAUN (P34224)
MICHAEL E. FREIFELD (P48198)
JOHNSON LAW, PLC
Attorneys for Plaintiff
Capitol Theater Building
140 E. 2nd St., Ste. 201
Flint, Michigan 48502
(810) 695-6100
________________________________/

COMPLAINT AND
JURY DEMAND

Plaintiff, Janet Doe as Next Friend of Jane Doe, by her Attorneys Johnson Law,

PLC, makes the following Complaint against Defendants Turner Services Group, Inc,

Turner Services Group, LLC and Jerry Jerome Brown-Pegues:

1. At all times relevant to this lawsuit, Plaintiff, Janet Doe (“Janet”), is the

mother of minor plaint Jane Doe (“Jane”), age 17, both of whom reside in the City of
Detroit, Wayne County, Michigan; moreover, Janet has been duly appointed as Jane’s

Next Friend.

2. Upon information and belief, the Defendant Jerry Jerome Brown Pegues

(“Pegues”) was a resident of the City of Sterling Heights, Macomb County, Michigan.

3. Defendant, Turner Services Group, Inc (“Turner Inc.”) is a Michigan

corporation that owns and operates the Jimmy John’s franchise located at 36324 Van

Dyke Ave Sterling Heights, Macomb County, Michigan.

4. Defendant, Turner Services Group, LLC (“Turner LLC”) is a Michigan

limited liability corporation that owns and operates the Jimmy John’s franchise located

at 36324 Van Dyke Ave Sterling Heights, Macomb County, Michigan.

5 The amount in controversy exceeds Twenty-five Thousand ($25,000.00)

Dollars, excluding costs, interest and attorney fees.

6. On or about July 30, 2020, Jane became employed at the Jimmy John’s

franchise located at 36324 Van Dyke Ave Sterling Heights, Macomb County, Michigan

which is owned and operated by Turner Inc and/or Turner LLC.

7. At the same time, Pegues was also employed at the Jimmy John’s

franchise located at 36324 Van Dyke Ave Sterling Heights, Macomb County, Michigan

which is owned and operated by Turner Inc and/or Turner LLC..

8. Prior to his employment with Turner Inc and/or Turner LLC, Pegues was

convicted of rape of a woman in Oakland County Circuit Court and he was placed on

the Michigan Sex Offender Registry (MSOR).

 9. Turner Inc and/or Turner LLC knew and/or should have known that when

they hired and/or retained and/or supervised Pegues that he had been convicted of rape

and was on the MSOR hence he posed a higher risk of harm to female co-workers.

10. Prior to August 15, 2020, Turner Inc and/or Turner LLC knew and/or

should have known that the at issue Jimmy John’s manager – Samantha Griffin – had

multiple issues with Pegues due to his inappropriate sexual behavior in the workplace

and Griffin shared those concerns with upper management.

11. Prior to August 15, 2020, Jane felt uncomfortable around Pegues because

he continually leered and stared at her in a sexual way.

12. Prior to August 15, 2020, Jane reported to her manager – Samantha

Griffin – that Pegues making her feel uncomfortable and unsafe, however, Turner Inc

and/or Turner LLC did not investigate nor terminate Pegues.

13. On or about August 15, 2020, Jane arrived approximately one (1) hour

early for her work shift.

14. Pegues was at work that day as well.

15. Pegues asked Jane multiple times to have oral sex with him but she

refused.

16. Later that day, Pegues forced Jane into the storage room and raped her.

17. As a result of Defendants’ negligence, gross negligence and/or intentional

misconduct, Jane and Janet have suffered severe and permanent physical and

emotional damages.

COUNT I - VIOLATION OF MCL 750.520a ET SEQ,

CRIMINAL SEXUAL CONDUCT AGAINST ALL DEFENDANTS
 18. Plaintiff reasserts and re-alleges each and every allegation contained in

paragraphs 1 through 17 as if fully set forth herein.

19. MCL 750.520a et seq. makes it unlawful for a person to engage in the

sexual penetration of another person either by force or coercion .

20. Turner Inc and/or Turner LL employees or agents knew or suspected that

Pegues had violent sexual propensities and that he raped other women in the past.

21. On August 15, 2020, Pegues raped Jane by forcibly sexually penetrating

Jane in the storage room of the Jimmy John’s where they both worked.

22. Pegues by virtue of his agency relationship with Turner Inc. and/or Turner

LLC was permitted to come in contact with Jane and Pegues was allowed to rape Jane.

23. By virtue of the doctrines of respondeat superior and/or vicarious liability,

Turner Inc. and/or Turner LLC are legally responsible for Pegues violation of Michigan

Statutory law.

24. As a direct and proximate result of the statutory violations, Jane and Janet

have and will continue to incur damages, including but not limited to:

a. Physical pain and suffering;

b. Mental anguish;

c. Fright and shock;

d. Denial of social pleasure and enjoyments;

e. Embarrassment, humiliation or mortification;

f. Aggravation of a pre-existing ailment or condition;

 g. reasonable expenses of necessary medical care, treatment, and

services;

h. Punitive damages, and;

i. Any and all other damages and injuries learned through the course

of discovery.

WHEREFORE, Plaintiff respectfully requests this Honorable Court enter

Judgment in her favor and against defendants in an amount in excess of $25,000.00

and award costs, interest, and attorney fees so wrongfully incurred.

COUNT II - ASSAULT AND BATTERY AGAINST PEGUES

25. Plaintiff reasserts and realleges each and every allegation contained in

paragraphs 1 through 24 as if fully set forth herein.

26. On August 15, 2020, Pegues did make intentional unconsented physical

contact with Jane

27. Pegues’ conduct resulted in physical injury and/or severe emotional

distress to Janet, as well as Jane.

28. As the direct and proximate result of the above cited actions which

constituted an assault and battery, Jane and Janet will continue to incur damage in the

future, including but not limited to:

a. Physical pain and suffering;

b. Mental anguish;

c. Fright and shock;

d. Denial of social pleasure and enjoyments;

 e. Embarrassment, humiliation or mortification;

f. Aggravation of a pre-existing ailment or condition;

g. Reasonable expenses of necessary medical care, treatment and

services;

h. Punitive damages, and

i. Any and all injuries or damages learned through the course of

discovery

WHEREFORE, Plaintiff respectfully requests this Honorable Court enter

Judgment in her favor and against defendants in an amount in excess of $25,000.00

and award costs, interest, and attorney fees so wrongfully incurred.

COUNT III – VIOLATION OF MCL 37.2202 HOSTILE WORK

ENVIRONMENT SEXUAL HARASSMENT AGAINST TURNER INC AND/OR TURNER
LLC

29. Plaintiff realleges and incorporates paragraphs 1 through 28 above as

though more fully set forth herein.

30. Jane was a female employee who worked at the Jimmy John’s franchise

located at 36324 Van Dyke Ave Sterling Heights Michigan which is owned and operated

by Turner Inc and Turner LLC.

31. Prior to and on August 15, 2020, Jane was subject to communications

and/or conduct based upon her sex

32. Prior to and on August 15, 2020, Jane was subject to unwelcome sexual

communications and/or conduct

 33. The unwelcome sexual conduct and/or communication was intended to or

in fact did substantially interfere with Jane’s employment or created an intimidating,

hostile, or offensive work environment for Jane.

34. Jane made complaints to her superiors who could effectuate change in the

workplace, however, these complaints were not responded to and the hostile and

offensive work environment continued.

35. Thus, Turner Inc and Turner LLC violated MCL 37.2202 et seq.

36. As the direct and proximate result of the above cited actions which

constituted hostile work environment sexual harassment, Jane and Janet will continue

to incur damage in the future, including but not limited to:

a. Physical pain and suffering;

b. Mental anguish;

c. Fright and shock;

d. Denial of social pleasure and enjoyments;

e. Embarrassment, humiliation or mortification;

f. Aggravation of a pre-existing ailment or condition;

g. Reasonable expenses of necessary medical care, treatment and

services;

h. Any and all injuries or damages learned through the course of

discovery
 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter

Judgment in her favor and against defendants in an amount in excess of $25,000.00

and award costs, interest, and attorney fees so wrongfully incurred.

COUNT IV – NEGLIGENT HIRING, RENTENTION AND SUPERVISION AGAINST

TURNER INC AND/OR TURNER LLC

37. Plaintiff realleges and incorporates paragraphs 1 through 36 above as

though more fully set forth herein

38. During Pegues’ tenure with the Jimmy John’s franchise located at 36324

Van Dyke Ave Sterling Heights Michigan, Turner Inc and Turner LLC knew and/or

should have known that Pegues had harassed and raped other young women prior to

August 15, 2020.

39. Despite having knowledge of Pegues history of harassment and rape

upon women in the past, Turner Inc and Turner LLC assigned and/or permitted Pegues

to work in a position where he would come in contact with young vulnerable women.

40. Turner Inc and Turner LLC owed a duty to the public and Jane to hire

and/or retain employees who would execute their duties without causing injury and/or

harm to Jane.

41. Turner Inc and Turner LLC breached its duty when it hired and/or retained

Pegues as an employee for its Jimmy John’s franchise located at 36324 Van Dyke Ave

Sterling Heights Michigan, despite having actual and/or constructive knowledge of

Pegues’ history of harassment and rape of women in the past.

 42. Turner Inc and Turner LLC owed a duty to Jane to properly supervise

and/or train Pegues to execute his duties without causing injury and/or harm to Jane.

43. Turner Inc and Turner LLC breached their duty in the following particulars,

including, but not limited to:

a. Failing to properly supervise and/or train Pegues to execute his

duties without causing injury and/or harm to Jane

b. Failing to take action to prevent Pegues from harassing and/or

raping women, including Jane, after discovering Pegues’ propensity for
harassment and/or rape against women

c. Failing to do a proper background check on Pegues prior to hiring

him in order to determine whether he was a suitable candidate for
employment with their organization

d. Failing to do a proper investigation into Pegues after receiving

complaints from female employees about Pegues’ inappropriate sexual
behavior in the workplace in order to determine with Pegues should be
retained as an employee

44. As the direct and proximate result of the above cited actions which

constituted negligent hiring, retention and supervision, Jane and Janet will continue to

incur damage in the future, including but not limited to:

a. Physical pain and suffering;

b. Mental anguish;

c. Fright and shock;

d. Denial of social pleasure and enjoyments;

 e. Embarrassment, humiliation or mortification;

f. Aggravation of a pre-existing ailment or condition;

g. Reasonable expenses of necessary medical care, treatment and

services;

h. Punitive damages, and;

i. Any and all injuries or damages learned through the course of

discovery

WHEREFORE, Plaintiff respectfully requests this Honorable Court enter

Judgment in her favor and against defendants in an amount in excess of $25,000.00

and award costs, interest, and attorney fees so wrongfully incurred.

COUNT V - GROSS NEGLIGENCE, WILFUL AND WANTON MISCONDUCT

AGAINST TURNER INC AND TURNER LLC
45. Plaintiff reasserts and realleges each and every allegation contained in

paragraphs 1 through 44 as if fully set forth herein.

46. Turner Inc and/or Turner LLC owed Jane a duty to act in a reasonable

manner and not in a grossly negligent manner, to act prudently with reasonable care,

and otherwise avoid being willfully and wantonly engaged in misconduct, namely, the

failure to reasonably and responsibly act to known acts of rape committed against

women by Pegues as a matter of course of conduct.

47. The acts and omission of Turner Inc and/or Turner LLC constituted

conduct so reckless as to demonstrate a substantial lack of concern for whether injury

resulted to Jane.
 48. Turner Inc and/or Turner LLC were grossly negligent, and they acted so

recklessly as to demonstrate a substantial lack of concern that injury would result,

and/or acted in an unnecessary or willful, wanton manner toward Jane, and thus

breached the above duties in a number of ways, including but not limited to:

a. Failure to act upon reliable previous incidents of rape against women

that were reported to Turner Inc and/or Turner LLC by management
employees of the Jimmy John’s franchise located at 36324 Van Dyke
Ave Sterling Heights Michigan;

b. Failure to immediately protect the best interest of Jane and other

female employees by conducting a full and complete investigation
into Pegues which would have revealed all of these known and
understood previous instances of rape against women perpetrated by
Pegues and which would have resulted in his immediate termination
of employment;

c. Failure to conduct a full and complete, independent background

investigation into Pegues to ensure this would never happen to Jane
and/or any other female employee;

d. All the breaches learned through the course of discovery.

49. As the direct and proximate result of the above cited actions which

constituted gross negligence and/or willful and wanton misconduct, Jane and Janet, will

continue to incur damage in the future, including but not limited to:

a. Physical pain and suffering;

b. Mental anguish;

c. Fright and shock;

d. Denial of social pleasure and enjoyments;

e. Embarrassment, humiliation or mortification;

 f. Aggravation of a pre-existing ailment or condition;

g. Reasonable expenses of necessary medical care, treatment and

services;

h. Punitive damages; and

i. Any and all injuries or damages learned through the course of

discovery.

WHEREFORE, Plaintiff respectfully requests this Honorable Court enter

Judgment in her favor and against defendants in an amount in excess of $25,000.00

and award costs, interest, and attorney fees so wrongfully incurred.

COUNT VI - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AGAINST

PEGUES

50. Plaintiff reasserts and realleges each and every allegation contained in

paragraphs 1 through 49 as if fully set forth herein.

51. Pegues’ conduct as set forth above was intentional, extreme, outrageous

and of such character as not to be tolerated by a civilized society.

52. Pegues’ conduct resulted in severe emotional distress to Janet, as well as

Jane.

53. As the direct and proximate result of the above cited actions which

constituted intentional infliction of emotional distress, Jane and Janet will continue to

incur damage in the future, including but not limited to:

a. Physical pain and suffering;

b. Mental anguish;
 c. Fright and shock;

d. Denial of social pleasure and enjoyments;

e. Embarrassment, humiliation or mortification;

f. Aggravation of a pre-existing ailment or condition;

g. Reasonable expenses of necessary medical care, treatment and

services;

h. Punitive damages; and

i. Any and all injuries or damages learned through the course of

discovery

WHEREFORE, Plaintiff respectfully requests this Honorable Court enter

Judgment in her favor and against defendants in an amount in excess of $25,000.00

and award costs, interest, and attorney fees so wrongfully incurred.

Respectfully submitted,

JOHNSON LAW, PLC

By:___________________________________
THOMAS W. WAUN (P34224)
MICHAEL E. FREIFELD (P48198)
Attorneys for Plaintiff
140 E. 2nd St., Ste. 201
Flint, Michigan 48502
Dated: (810) 695-6100
twaun@venjohnsonlaw.com
mfreifeld@venjohnsonlaw.com
 JURY DEMAND

NOW COMES the Plaintiff, JANET DOE as Next Friend of JANE DOE, by and

through her attorneys, JOHNSON LAW, PLC, and hereby makes demand for a jury in

the above captioned matter.

Respectfully submitted,

JOHNSON LAW, PLC

By:_________________________
THOMAS W. WAUN (P34224)
MICHAEL E. FREIFELD (P48198)
Attorneys for Plaintiff
140 E. 2nd St., Ste. 201
Flint, Michigan 48502
Dated: (810) 695-6100