Filing# 203878427 E-Filed 08/01/2024 04:18:06 PM
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`IN THE CIRCUIT COURT OF THE SEVENTEENTH
`JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA
`
`V.T.H.,
`
`VS.
`
`Plaintiff,
`
`OWEN LEIPELT,
`Defendant.
`
`CASE NO.
`CIVIL DIVISION
`
`i
`
`COMPLAINT
`
`The Plaintiff,V.T.H., by and through her undersigned counsel, hereby files and serves her
`
`Complaint and sues the Defendant, OWEN LEIPELT, and as grounds therefore,allegesas follows:
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`JURISDICTIONAL ALLEGATIONS
`
`1.
`
`This is an action for legaland monetary damages in excess of the sum of fifty
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`thousand dollars ($50,000.00)exclusive of attorney'sfees,costs and prejudgment interest.
`
`2.
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`At all times material hereto, the Plaintiff,V.T.H. (hereinafterreferred to as the
`
`Plaintiff or V.T.H where appropriate)has been a resident of the State of Colorado, is over the age
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`of eighteen(18)and is otherwise sui juris.
`
`3.
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`At all times material hereto, the Defendant, OWEN LEIPELT (hereinafterreferred
`
`to as the Defendant, Mr. Leipeltor by his full name where appropriate),has been a resident of the
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`State of California,is over the age of eighteen(18)and is otherwise sui juris.The Defendant is not
`
`a member of the United States militaryas that term is defined by the Soldiers' and Sailors Relief
`
`Act (asamended). Mr. Leipelt
`
`4.
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`The operativefacts givingrise to this Complaint occurred within the boundaries of
`
`the Broward County, Florida. More specifically,the assault and batteryforming the basis for this
`
`*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/01/2024 04:18:04 PM.****
`
`
`
`IN THE CIRCUIT COURT OF THE SEVENTEENTH
`JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA
`
`V.T.H.,
`
`VS.
`
`Plaintiff,
`
`OWEN LEIPELT,
`Defendant.
`
`CASE NO.
`CIVIL DIVISION
`
`i
`
`COMPLAINT
`
`The Plaintiff,V.T.H., by and through her undersigned counsel, hereby files and serves her
`
`Complaint and sues the Defendant, OWEN LEIPELT, and as grounds therefore,allegesas follows:
`
`JURISDICTIONAL ALLEGATIONS
`
`1.
`
`This is an action for legaland monetary damages in excess of the sum of fifty
`
`thousand dollars ($50,000.00)exclusive of attorney'sfees,costs and prejudgment interest.
`
`2.
`
`At all times material hereto, the Plaintiff,V.T.H. (hereinafterreferred to as the
`
`Plaintiff or V.T.H where appropriate)has been a resident of the State of Colorado, is over the age
`
`of eighteen(18)and is otherwise sui juris.
`
`3.
`
`At all times material hereto, the Defendant, OWEN LEIPELT (hereinafterreferred
`
`to as the Defendant, Mr. Leipeltor by his full name where appropriate),has been a resident of the
`
`State of California,is over the age of eighteen(18)and is otherwise sui juris.The Defendant is not
`
`a member of the United States militaryas that term is defined by the Soldiers' and Sailors Relief
`
`Act (asamended). Mr. Leipelt
`
`4.
`
`The operativefacts givingrise to this Complaint occurred within the boundaries of
`
`the Broward County, Florida. More specifically,the assault and batteryforming the basis for this
`
`*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/01/2024 04:18:04 PM.****
`
`
`
`lawsuit occurred in Fort Lauderdale, Florida. As a result,Mr. Leipeltis subjectto the personal
`
`jurisdictionof this Court pursuant to Florida Statute § 48.193(1).
`
`5.
`
`Therefore,jurisdictionand venue are appropriatewithin the Circuit Court of the
`
`Seventeenth Judicial Circuit in and for Broward County, Florida.
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`GENERALALLEGATIONS
`
`The Plaintiffherebyre-allegesand incorporatesparagraphs 1 -5 above as though they were
`
`fullyset forth herein,and further states as follows:
`
`6.
`
`On June 27,2023, the Plaintiff,V.T.H. was employed as a flightattendant for a
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`privateaircraft that had landed in Fort Lauderdale, Florida. The Defendant was one of the pilots
`
`that flew the aircraft and, as a result of that employment, both were provided accommodations at
`
`the Dalmar Hotel located at 299 North Federal Highway, Fort Lauderdale, Florida 33301.
`
`7.
`
`Following the flight,the Plaintiff accompanied the Defendant and a third-member
`
`ofthe flightcrew to Mr. Leipelt'shotel room where the three socialized casuallyfor a short period
`
`of time. Following this interaction,both the Plaintiff and the third-partyleft Mr. Leipelt'sroom
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`and returned to their individual hotel rooms to retire for the evening.
`
`8
`
`Shortly after arrivingin her room, the Defendant appeared uninvited at the
`
`Plaintiff's room and insisted on coming in. At that point,the Defendant forced himself on the
`
`Plaintiff by kissingher, and digitallypenetratingher vagina without her consent, and over her
`
`objection.Despite the fact,that the Plaintiff repeatedlydemanded that he stop the Defendant
`
`pushed her on to the bed and continued kissingher until she could escape his grasp. As she did so,
`
`she againdemanded that the Defendant leave her room immediately.
`
`9-
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`Instead of leavingthe room, the Defendant stood up and grabbed the Plaintiff
`
`before throwing her on to the bed, forciblyspreadingher legsand removing his pants. The
`
`
`
`Defendant was unable to penetrate the Plaintiff with his penis due to her defensive struggle,but
`
`instead he masturbated in front of her and then ejaculatedon her. He then finallyceded to her
`
`demand that he leave the room.
`
`COUNTI-BATTERY
`
`The Plaintiffherebyre-allegesand incorporatesparagraphs 1 -9 above as though they were
`
`fullyset forth herein,and further states as follows:
`
`10.
`
`On or about June 27,2023, the Plaintiff was alone in her hotel room located at 299
`
`North Federal Highway, Fort Lauderdale, Florida 33301 when the Defendant knocked on the door.
`
`The Plaintiff opened the door to find the Plaintiff,who she knew as a work acquaintance,and he
`
`demanded to be let into the room.
`
`11.
`
`Immediately upon entering the room, the Defendant forced himself on to the
`
`Plaintiff by kissingher and digitallypenetratingher vagina.This was done without her consent
`
`and despitethe fact that she conveyed her objectionsboth verballyand non-verbally.
`
`12.
`
`The Defendant then pushed the Plaintiff on to the bed and continued kissingher
`
`until she had the opportunityto escape his grasp and stand up. However, the Defendant who was
`
`largerand stronger grabbed her and pushed her back on to the bed before forcingher legs apart.
`
`The Plaintiff continued to demand that the Defendant stop and that he leave her hotel room but he
`
`refused and made every attempt to penetrate her vagina with his penis.
`
`13.
`
`The Plaintiff engaged in a defensive struggleand was able to physicallyblock the
`
`Defendant from penetratingher again,but he continued to refuse to leave. Instead,the Defendant
`
`masturbated on the bed in front of the Plaintiffbefore intentionallyejaculatingon her body. Only
`
`then did the Defendant comply with the Plaintiff's demands that he leave her room.
`
`
`
`14.
`
`By engaging in these actions,the Defendant intentionallyinflicted a harmful and/or
`
`offensive contact upon the Plaintiff's body.
`
`15.
`
`As a direct and proximate result of this battery,the Plaintiff endured significant
`
`bodily injuriesand damages giving rise to pain and suffering,disability,mental anguish,
`
`inconvenience, loss of capacityfor the enjoyment of life,expense of hospitalization,medical and
`
`nursingcare and treatment, loss of earningsin the past, loss of abilityto earn money in the future,
`
`and aggravationor activation of a previouslyexistingcondition. The losses are either permanent
`
`or continuingin nature and Plaintiff will suffer the losses in the future. The Plaintiff has sustained
`
`a permanent injurywithin a reasonable degree of medical probability.
`
`WHEREFORE, the Plaintiff demands judgment againstthe Defendant, OWEN LEIPELT
`
`in an amount determined by the trier-of-fact as well as an award of costs and suit monies. The
`
`Plaintiff further reserves the rightto amend her Complaint, pending court approval,to seek
`
`punitivedamages based upon the intentional and egregiousnature ofthe Defendant's actions. The
`
`Plaintiff hereby demands a trial by jury o f all matters so triable as a matter of right.
`
`COUNT II - ASSAULT
`
`The Plaintiffherebyre-allegesand incorporatesparagraphs 1 -9 above as though they were
`
`fullyset forth herein,and further states as follows:
`
`16.
`
`On or about June 27,2023, the Plaintiff was alone in her hotel room located at 299
`
`North Federal Highway, Fort Lauderdale, Florida 33301 when the Defendant knocked on the door.
`
`The Plaintiff opened the door to find the Plaintiff,who she knew as a work acquaintance,and he
`
`demanded to be let into the room.
`
`
`
`17.
`
`Immediately upon enteringthe room, the Defendant forced himself on to the
`
`Plaintiff by kissingher and digitallypenetratingher vagina.This was done without her consent
`
`and despitethe fact that she conveyed her objectionsboth verballyand non-verbally.
`
`18.
`
`The Defendant then pushed the Plaintiff on to the bed and continued kissingher
`
`until she had the opportunityto escape his grasp and stand up. However, the Defendant who was
`
`largerand stronger grabbed her and pushed her back on to the bed before forcingher legsapart.
`
`The Plaintiff continued to demand that the Defendant stop and that he leave her hotel room but he
`
`refused and made every attempt to penetrate her vagina with his penis.
`
`19.
`
`The Plaintiff engaged in a defensive struggleand was able to physicallyblock the
`
`Defendant from penetratingher again,but he continued to refuse to leave. Instead,the Defendant
`
`masturbated on the bed in front of the Plaintiffbefore intentionallyejaculatingon her body. Only
`
`then did the Defendant comply with the Plaintiff's demand that he leave her room.
`
`20.
`
`By engaging in these actions within the full sightand senses of the Plaintiff,the
`
`Defendant perpetratedan unlawful offer of corporalinjuryto the Plaintiff by force which was
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`committed under circumstances givingrise to a reasonable fear of imminent peril.
`
`21.
`
`As a direct and proximate result of this battery,the Plaintiff endured significant
`
`bodily injuriesand damages giving rise to pain and suffering,disability,mental anguish,
`
`inconvenience, loss of capacityfor the enjoyment of life,expense of hospitalization,medical and
`
`nursing care and treatment, loss of earningsin the past, loss of abilityto earn money in the future,
`
`and aggravationor activation of a previouslyexistingcondition. The losses are either permanent
`
`or continuingin nature and Plaintiff will suffer the losses in the future. The Plaintiff has sustained
`
`a permanent injurywithin a reasonable degree of medical probability.
`
`
`
`WHEREFORE, the Plaintiff demands judgment againstthe Defendant, OWEN LEIPELT
`
`in an amount determined by the trier-of-fact as well as an award of costs and suit monies. The
`
`Plaintiff further reserves the rightto amend her Complaint, pending court approval,to seek
`
`punitivedamages based upon the intentional and egregiousnature ofthe Defendant's actions. The
`
`Plaintiff hereby demands a trial by jury o f all matters so triable as a matter of right.
`
`DEMAND FOR JURY TRIAL
`
`The Plaintiff hereby demands a trial by jury of all issues so triable as a matter of right.
`
`LESSER, LESSER, LANDY & SMITH, PLLC
`420 Columbia Drive, Suite 110
`West Palm Beach, FL 33409
`Telephone:(561)655-2028
`Facsimile: (561)655-2033
`
`s/Joshua D. Ferraro
`Joshua D. Ferraro, Esq.
`FLBar No.. 0797391
`E-Mail: jferraro@lesserlawfirm.co
`ijardines@lesserlawfirm.com
`
`
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