Linda Margo Hart DiMura Flax Hart, CFRE's and Attorney Thomas Woodruff's Frivolous Lawsuit.
Transcript of Linda Margo Hart DiMura Flax Hart, CFRE's and Attorney Thomas Woodruff's Frivolous Lawsuit.
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
INV ASION OF Pruv ACY
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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I cc: Plaintiff
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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