Rendered from the court's authenticated repository
Searchable full text
6,133 characters extracted
—
RIDGEWAY SUPERIOR COURT
FOR THE COUNTY OF RIDGEWAY
NICKLAUS_S,
Plaintiff,
v.
DIORBUTCHERR,
Defendant.
Civil Action No.
COMPLAINT
Plaintiff Nicklaus_s (“Plaintiff”), by and through the undersigned counsel, seeking
all available relief, in his complaint against Defendant Diorbutcherr (“Defendant”),
alleges as follows:
JURISDICTION
1. This court has original jurisdiction over “all civil and criminal cases or
controversies.” Rid. Const. art. 5, § 4.
2. Venue is proper in this court because the actions and omissions alleged in
this complaint took place in the State of Ridgeway.
PARTIES
3. Plaintiff Nicklaus_s is an individual, resident, and citizen of the State of
Ridgeway.
4. Defendant Diorbutcherr is an individual, resident, and citizen of the State of
Ridgeway.
FACTS
A. Initial Confrontation
5. On or about July 7, 2025, Plaintiff was at Bloxmart in Palmer, Ridgeway.
6. Defendant pulled out a firearm and demanded money.
7. Plaintiff drove away.
8. Defendant followed Plaintiff.
9. Plaintiff arrived at the Ridgeway National Guard Recruitment Center in
Palmer, Ridgeway.
10. Plaintiff told a law enforcement officer that Defendant assaulted him.
11. Defendant brandished his firearm.
1
12. Defendant was detained by the law enforcement officer.
B. Threats
13. Defendant went to the Palmer County Hall for a probable cause hearing.
14. The presiding judge notified Defendant that the court was not in session for
probable cause hearings.
15. Defendant told Plaintiff “youre blicked buddy,” “its over.”
16. Plaintiff asked Defendant if he was going to kill him.
17. Defendant responded “yes.”
18. Defendant was arrested for brandishing, but not for assault.
C. Death
19. Later that day, on or about July 7, 2025, Plaintiff was again present at
Bloxmart in Palmer, Ridgeway.
20. Defendant arrived at Bloxmart.
21. Defendant said “remember me [] pal?”
22. Plaintiff began reversing in an attempt to escape.
23. Defendant exited his car.
24. Defendant drew a firearm.
25. Defendant shot the windshield of the vehicle Plaintiff was driving.
26. Plaintiff was shot and killed.
FIRST CAUSE OF ACTION
Assault
(1 R. Stat. § 3103)
27. All prior paragraphs within this complaint are incorporated as if they were
fully set forth herein.
28. On each instance alleged, Defendant intentionally and voluntarily
approached Plaintiff with his gun drawn.
29. On each instance alleged, Defendant intentionally and voluntarily shot
Plaintiff.
30. On each instance alleged, Defendant caused Plaintiff to be in reasonable
fear of an immediate harmful or offensive contact with his body, particularly by
Defendant shooting him.
2
31. The fear was reasonable because Defendant attempted to make contact with
Plaintiff in a harmful and offensive manner by pointing a firearm at Plaintiff and because
Defendant did make contact with Plaintiff in a harmful and offensive manner by shooting
him.
SECOND CAUSE OF ACTION
Battery
(1 R. Stat. § 3102)
32. All prior paragraphs within this complaint are incorporated as if they were
fully set forth herein.
33. On each instance alleged, Defendant shot Plaintiff with a firearm.
34. On each instance alleged, Plaintiff did not consent to being shot.
35. On each instance alleged, the contact was harmful and offensive to the
Plaintiff because it directly caused him injury, caused him to lose health, and caused him
to die.
THIRD CAUSE OF ACTION
Wrongful Death
(1 R. Stat. § 3109)
36. All prior paragraphs within this complaint are incorporated as if they were
fully set forth herein.
37. Defendant caused the death of Plaintiff by shooting him.
38. The death was wrongful because Defendant acted without legal
justification.
FOURTH CAUSE OF ACTION
Trover
(1 R. Stat. § 3113)
39. All prior paragraphs within this complaint are incorporated as if they were
fully set forth herein.
40. Plaintiff owned and was in lawful possession of his automobile.
41. Defendant intentionally shot at the automobile several times.
42. As a direct result of the gunshots, the automobile sustained damages,
including broken windows.
3
43. Through these gunshots and their damage, Defendant took and deprived
Plaintiff of his automobile and intended to deprive Plaintiff of his automobile by
attempting to damage it until it was no longer functional.
FIFTH CAUSE OF ACTION
Negligence
(1 R. Stat. § 3105)
44. All prior paragraphs within this complaint are incorporated as if they were
fully set forth herein.
45. Defendant owed Plaintiff a duty of reasonable care under statutory and
common law.
46. Defendant breached that duty of care during his interaction with Plaintiff.
Defendant was negligent in one or more of the following respects:
a. In failing to act a reasonably prudent person;
b. In falling to seek help or assistance from a licensed professional;
c. In failing to refrain from threatening Plaintiff;
d. In failing to refrain from shooting Plaintiff;
e. In failing to refrain from damaging the automobile of Plaintiff;
f. In failing to refrain from killing Plaintiff.
47. As a direct and proximate result of his negligence, Plaintiff sustained
injuries and harm, all of which were reasonably foreseeable:
a. Loss of health and death;
b. Damage to automobile;
c. Inconvenience and interference with usual and everyday activities.
RELIEF
WHEREFORE, Plaintiff prays that the court enter judgment in his favor and
against Defendant as follows:
a. Enjoining Defendant from approaching, assaulting, battering, or killing
Plaintiff;
b. Awarding compensatory damages to Plaintiff in an amount to be
determined at trial;
c. Awarding punitive damages to Plaintiff not to exceed the statutory limit;
4
d. Awarding pre- and post-judgment interest;
e. Awarding the costs of this action, including attorney fees, to Plaintiff;
f. Such further relief as the court deems just and proper.
Dated: July 8, 2025
Lander, Mayflower Respectfully submitted,
/s/ Nicklaus_s
Nicklaus_s (Bar No. 10241)
Counsel of Record
Nicklaus, Popplewell & Associates LLP
Lander Civic Center, Suite 324
Lander, Mayflower 19000
Tel: (212) 558-4000
Fax: (212) 558-3588
Email: [email protected]
Attorney for Plaintiff
5
