STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF INGHAM ELIZABETH HART, Plaintiff, vs. VIRGIL BERNERO, Defendant. MANDA L. DANIELESKI (P62597) Attomey for Plaintiff 905 North Michigan Avenue Saginaw, MI 48602 (989) 401-7890 FAX (989) 401-7892 wwestervm@gmail.com NEAL WILENSKY (P35182) Attorney for Plaintiff 6005 W. St. Joseph, Suite 303 Lansing, MI 48917 (517) 323-1111 FAX (517) 323-1113 nealwilensky@gmail.com (T, DEMAND Case No: N a- YQA -no WANDA M. STOKES: €22d ICN Wl There is no other pending or resolved civil action between the parties or other parties arising out of the transaction or occurrence alleged in this complaint. COMMON ALLEGATIONS MANDA L. DANIELESKI, 905 N. Michigan Ave., Saginaw, Ml 48602 (989) 401-7890 gad INOW COMES the Plaintiff, ELIZABETH HART, by and through her attorney, MANDA L. DANIELESKI, and for her complaint against VIRGIL BERNERO states as follows: 1. That Plaintiff is a resident of the County of Twin Falls, State of Idaho. 2. ‘That upon information and belief, Defendant Virgil Bernero is a resident of the County of Ingham, State of Michigan. 3. That the events complained of herein occurred in the State of Michigan, County of Ingham, 4, That Plaintiff worked for Defendant Bernero as an intern for mayoral office and later in fundraising for his re-election campaign starting in 2013 (Bernero was running for his third term as mayor). 5. That Defendant is the former Mayor of Lansing 6. That he was in office from January 1, 2006 through January 1, 2018. 7. That Bemero did not run for reelection in 2017. 8. That his 2021 re-election bid was thwarted by allegations of sexual misconduct while in office including allegations made by this Plaintiff. 9. That Defendant Bemero has not denied the allegations and has made tacit admissions pertaining to same to the press. 10. That Plaintiff studied city planning with an eye toward helping her hometown of Lansing, Ll, That she viewed working for Defendant as a step in that direction. 2 MANDA L. DANIELESKI, 905 N. Michigan Ave., Saginaw, Ml 48602 (989) 401-789012, That she was subjected to persistent sexual harassment and sexual assault by Bemero during her time as a volunteer with his campaign. 13, That her work environment with Bemero was infused with sexual commentary and innuendo and this was unwelcome to the Plaintiff. 14, That Defendant would call her late at night and Plainti¢f had to constantly fend off sexual conversations, advances and requests form him. 15, That Defendant sexually assaulted Plaintiff by touching her foot in a sexual manner with sexual intent on two occasions, 16. That the first incident occurred in his campaign office and Defendant can his finger along the sole or underside of her foot in a sexually explicit manner without Plaintiff's permission; the second incident occurred in the Mayor’s Office at City Hall and Defendant ran his index fingers over the exposed skin of her left foot. 17. That Defendant told Plaintiff that he had “foot fetish” and that Plaintiff had “beautiful feet.” 18. That Defendant also asked her to drink alcohol in his office which he kept in his desk 19. That Defendant asked her to show him one of her breasts. 20. That Defendant asked Plaintiff to engage in a threesome. 21, That all of this made Plaintiff uncomfortable and emphasizes that the unlawful touching of her foot was, in fact, sexual in nature. 22. That Plaintiff was sexually harassed on a daily basis while working for the Defendant, 3 MANDA L. DANIELBSKI, 905 N. Michigan Ave., Saginaw, MI 48602 (989) 401-789023. That Defendant's behavior caused the Plaintiff to move on and accept a position with the Board of Water and Light. 24, That because she still saw Bemero consistently through work, she made the decision to move out of state to escape his influence on her professionally. 25. That Defendant also grabbed Plaintiff's hair and tugged, touched/stroked her shoulders and neck and did all of this with sexual intent and without permission (he did this at least two times). 26. That Defendant also touched her knee while putting his finger to his lips. 27. That Defendant also told the Plaintiff he wanted to know what her lips tasted like while touching her sexually. 28. That all of the incident described occurred in 2013 and 2014. 29. That Defendant did commit acts of unlawful sexual contact with Plaintif. 30. That Defendant did so with force or coercion. 31. That the statute of limitations as set forth in MCL § 600.5805(6) applies 32, That the amount in controversy exceeds this Court's jurisdictional limits of ‘Twenty-Five Thousand Dollars ($25,000.00) exclusive of costs, interest and attorney fees, _ 33. That the Plaintiff, as a direct and proximate result of Defendant’s unlawful activities, has sustained economic damages in excess of $25,000.00 exclusive of costs, attomey fees and interest. 4 MANDA L. DANIELESKI, 905 N. Michigan Ave., Saginaw, MI 48602 (989) 401-789034. That the Plaintiff, as a direct and proximate result of Defendant's unlawful activities, has sustained non-economic damages in excess of $25,000.00 exclusive of costs, attorney fees and interest. COUNT I- SEXUAL ASSAULT 35. That Plaintiff hereby incorporates paragraphs 1 through 34 above, as if reiterated word for word and paragraph by paragraph herein, 36. That Plaintiff brings her cause of action for sexual assault against Defendant as his conduct constitutes criminal sexual conduct in the fourth degree. 37. That the conduct at issue was sexual in nature, 38. That Plaintiff was sexually harassed and assaulted due to her sex, female. 39. That Defendant subjected the Plaintiff to sexual advances, requests for sexual favors, and other verbal and physical conduct or communication of a sexual nature and this behavior emphasizes the sexual nature of the unwanted touching. 40. That the Defendant’s conduct and communication was unwelcome to the Plaintiff. 41. That Defendant’s conduct was motivated by sexual intent and desire for the Plaintiff. 42. ‘That Plaintiff was sexually assaulted in the workplace and Defendant was in a position of power. 43. That Defendant acted with force and coercion. 44, That Defendant acted by using concealment and the element of surprise in touching the Plaintiff in an unwanted and sexual manner. 5 MANDA L. DANIELESKI, 905 N. Michigan Ave., Saginaw, MI 48602 (989) 401-789045. That the Plaintiff, as a direct and proximate result of Defendant’s unlawful activities, has sustained economic damages in excess of $25,000.00 exclusive of costs, attomey fees and interest. 46, That the Plaintiff, as a direct and proximate result of Defendant’s unlawful activities, has sustained non-economic damages in excess of $25,000.00 exclusive of costs, attorney fees and interest. 47. That Plaintiff also seeks attorney fees and costs. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter a Judgment in her favor in the amount in excess of $25,000.00 exclusive of interest, costs and attorney fees. Respectfully Submitted: ued: /ye 2, 202 ee MANDA L. DANIELESKI (P62597) 905 N. Michigan Ave. Saginaw, MI 48602 989.401.7890 855.275.6263 (fax) westervm@gmail.com 6 MANDA L. DANIELESKI, 905 N. Michigan Ave., Saginaw, MI 48602 (989) 401-7890DEMAND FOR TRIAL BY JURY NOW COMES the Plaintiff, ELIZABETH HART, by and through her attomey, MANDA L. DANIELESKI, and hereby demands a Trial by Jury of all issues in this cause of action, unless expressly waived. Respectfully submitted: Dated, } ple Al, QoUl LEN MANDA L. DANIELESKI (62597) Attorney for Plaintiff 905 N. Michigan Avenue Saginaw, MI 48602 Ph: (989) 401-7890 Fax: (989) 401-7892 Westervm@gmail.com 7 MANDA L. DANIELESKI, 905 N. Michigan Ave., Saginaw, MI 48602 (989) 401-7890DEMAND FOR PRE-TRIAL CONFERENCE, NOW COMES the Plaintiff, ELIZABETH HART, by and through her attorney, MANDA L. DANIELESKI, and hereby demands a Pre-Trial Conference pursuant to the Michigan Court Rules. Respectfully submitted: uve D1, 202! UA MANDA L. DANIELESKI (P62597) Attorney for Plaintiff 905 N. Michigan Avenue Saginaw, MI 48602 Ph: (989) 401-7890 Fax: (989) 401-7892 Westervm@gmail.com Dated: 8 MANDA L. DANIELESKI, 905 N. Michigan Ave,, Saginaw, MI 48602 (989) 401-7890