IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA BEDELIA HARGROVE, as Administratrix and next friend for BOBBI KRISTINA BROWN, Plaintiff, Civil Action File v. No.: 2015CV262460 NICHOLAS GORDON, JURY TRIAL DEMANDED Defendant. AMENDED COMPLAINT Plaintiff Bedelia Hargrove files this Amended Complaint as Administratrix and next friend for Bobbi Kristina Brown, respectfully showing the Court as follows: PARTIES 1. Plaintiff Bedelia Hargrove is the duly appointed Administratrix of the Estate of Bobbi Kristina Brown, having been so appointed by the Probate Court of Fulton County, Georgia, on July 30, 2015. The Letters of Administration are attached hereto as Exhibit A. Under the peculiar circumstances of this case, Ms. Hargrove is uniquely quali?ed and legally required to proceed invith this action. 2. Defendant Nicholas Gordon is an adult resident, formerly of Fulton county, State of Georgia. - JURISDICTION AND VENUE 3. As a resident of Fulton County, Georgia, Defendant is subject to the jurisdiction and venue of this Court. 4. Defendant?s tortious conduct caused, among other things, substantial bodily harm and ultimately caused the wrongful death of Bobbi Kristina Brown (?Bobbi Kristina?) in Fulton County, Georgia. Accordingly, jurisdiction and venue are also proper pursuant to, among other authority, the provisions of O.C.G.A. 9?10?91 (2) and Ga. Const. Art. VI, 16. FACTUAL BACKGROUND Bobbi Kristina is the daughter of the late Whitney Houston, and prior to Bobbi Kristina?s death, was an adult living in Alpharetta, Georgia with Defendant. I Defendant has held himself out as having several different relationships with Bobbi Kristina at various times. Prior to 2012, Defendant held himself out to be Bobbi Kristina?s surrogate ?brother.? Then, after 2012, when Bobbi Kristina inherited a substantial sum, Defendant assumed the position of her boyfriend. On or around January 9, 2014, Defendant perpetrated the fraud that he had married Bobbi Kristina, though in fact he never did so. Defendant?s misrepresentation that he was Bobbi Kristina?s ?husband? was effected to control Bobbi Kristina and limit with whom she could interact. For example, Defendant often answered Bobbi Kristina?s personal cell phone, would not allow her to make appointments without his approval, manipulated her bank relationship so that he could access her money and installed cameras so he could watch and hear her. This was all part of a scheme to control Bobbi Kristina and bene?t from her wealth. In fact, Defendant acted on this scheme by routinely transferring a large portion of Bobbi Kristina?s funds into accounts controlled solely by him, without the consent or authorization of Bobbi Kristina. 10. 11. 12. Defendant then began questioning Bobbi Kristina?s access to trust assets and threatening one of the trustees with guns and other Violent weapons. On April 14, 2014, this Court issued a restraining and/or protective order against Defendant for violation of O.C.G.A. 16?590 relating to his stalking of this trustee. (553 Civil Action File No., 2014CV243982). Defendant also physically abused Bobbi Kristina. Only days before January 31, 2015, witnesses were present for an altercation in which Defendant lunged onto Bobbi Kristina while she sat on the living room couch, hitting her so hard in the face that the couch broke, knocking her to the floor, and continued to beat her in the face until she was bloody. Afterwards, he began kicking Bobbi Kristina in the side to the point that she was on the ?oor screaming and curled up in a fetal position. As a result of Defendant?s attack, Bobbi Kristina?s tooth was knocked out and blood was on the ?oor. Defendant then demanded that she go upstairs. Bobbi Kristina began crawling on the ?oor because she could not stand up due to the injuries Defendant in?icted. Defendant then dragged her upstairs by her hair and threw her in the master bedroom, leaving blood on the walls of the staircase. Afterward, Defendant stated to persons present, don?t do this often,? indicating this was not the ?rst time Defendant beat her. Just prior to January 31, 2015, Bobbi Kristina had con?ded to someone that Defendant was not the man she thought he was, and scheduled a time on January 31, 2015 to meet with this person to further discuss this revelation. Bobbi Kristina, however, never made it to the meeting. Instead at approximately 6:00 am, on the morning-of January 31, 2015, after Defendant returned from being out all-night on a cocaine and drinking binge, he then reviewed 13. 14. 15. camera footage of Bobbi Kristina and listened to her conversations. Defendant and Bobbi Kristina then became embroiled in a loud argument which began in the kitchen, then moved to the living room, and ?nally upstairs in the master bedroom. Defendant screamed at Bobbi Kristina accusing her of cheating, going so far as to call her a ?whore,? a ?bitch?, and other names. The argument lasted for about thirty minutes and then everything abruptly became quiet. Upon information and belief, Defendant gave Bobbi Kristina a toxic cocktail rendering her unconscious and then put her face down in a tub of cold water causing her to suffer brain damage. Defendant then came out of the master bedroom wearing a different set of clothing than he was wearing prior to his argument with Bobbi Kristina. Afterward he got in bed, and laid his head on female guest?s ankle and stated, ?New I want a pretty. little white girl like you.? I Approximately ?fteen minutes later, a person present at the townhome went into the master bedroom to check on Bobbi Kristina and found her face down in a bathtub. Interestingly, a dust pan was in the bottom of the bathtub. Bobbi Kristina was unresponsive, unconscious, her mouth was swollen, and another tooth was hanging loosely from her mouth. When the Defendant came into the master bedroom, the very ?rst thing Defendant did was let the cold water out of the bathtub and later shouted, ?Clean up, clean up.? Others began mouth to mouth resuscitation to no avail. Defendant then began to slap her saying, ?wake up?, and also started performing CPR between slaps. Medical personnel then arrived at the townhome. Bobbi Kristina was transported to North Fulton Hospital where she was revived. Later she was placed into a medically? induced coma for her medical welfare, having suffered from an anoxie brain injury due to 16. 17. 18. 19. 20. 21. 22. the Violent altercation and being placed in the bathtub unconscious at the hands of Defendant. Bobbi Kristina was subsequently diagnosed with global and irreversible brain damage and died as a result of Defendant?s actions. Even after Bobbi Kristina?s hospitalization, and while she was in a coma, Defendant . accessed Bobbi Kristina?s bank account(s) and stole in excess of $1 1,000.00 from Bobbi Kristina?s bank account(s). On July 26, 2015, after almost six (6) months of suffering, Bobbi Kristina died from, and proximately caused by, Defendant?s actions on January 31, 2015. COUNT ONE (ASSAULT) Plaintiff incorporates by reference paragraphs 1 through 17 of her Amended Complaint as fully stated herein verbatim. I When Defendant physically abused and attacked Bobbi Kristina, Defendant acted with the intent to cause Bobbi Kristina apprehension of a violent injury. As a direct and proximate result of Defendant?s conduct, Bobbi Kristina suffered life threatening bodily harm and damages, in an amount to be proven at trial. Based on the foregoing wrongful conduct by Defendant, which was knowing, willful, intentional, reckless and/0r grossly negligent, Plaintiff is entitled to an award of punitive damages in the amount of at least ten million dollars cw Plaintiff incorporates by reference paragraphs 1 through 17 of her Amended Complaint as if fully stated herein verbatim. 23result of Defendant?s violent physical abuse, Defendant intentionally engaged in and caused unwanted, harmful and offensive bodily contact to Bobbi Kristina. Bobbi Kristina suffered substantial physical bodily harm, including loss of teeth, pain and suffering, bruising, swollen lips, and trauma that required medical treatment as a direct consequence of Defendant?s physical abuse. As a direct and proximate result of Defendant?s conduct, Bobbi Kristina suffered signi?cant bodily injury and damages in an amount to be proven at trial. Based on the foregoing wrongful conduct by Defendant, which was knowing, willful, intentional, reckless and/or grossly negligent, Plaintiff is entitled to an award of punitive damages in the amount of at least ten million dollars COUNT THREE (INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS) Plaintiff incorporates by reference paragraphs 1 through 17 of her Amended Complaint as if fully stated herein verbatim. Defendant committed domestic abuse against Bobbi Kristina without provocation and/or justi?cation, which resulted in substantial physical bodily injury. Bobbi Kristina suffered extreme, visible and life altering bodily harm and physical injury, and ultimately died as a result of Defendant?s outrageous, unwanted, harmful and offensive contact and actions. As a direct result of Defendant?s extreme and outrageous attack upon her, Bobbi Kristina suffered severe emotional distress and damages to be proven at trial. 31. 32. 33. 34. 35. 36. 37. Based upon Defendant?s knowing, willful, intentional, malicious, reckless and/or grossly negligent conduct, Plaintiff is entitled to an award of punitive damages in the amount of at least ten million dollars I COUNT FOUR Plaintiff incorporates by reference- paragraphs 1 through 17 of her Amended Complaint as if fully stated herein verbatim. While Bobbi Kristina was in a medically-induced coma, Defendant intentionally and without consent or authorization transferred money ?'onr Bobbi Kristina?s bank account(s) to his own bank account. Defendant also took Bobbi Kristina?s ring, which he has displayed around his neck since her death. Defendant took Bobbi Kristina?s ring without her consent or authorization. Upon information and belief, Defendant has also taken other personal property of Bobbi Kristina. Defendant was obligated to return Bobbi Kristina?s ?nancial assets and personal property (?assets?). Due to Defendant?s assault and battery of Bobbi Kristina, she was physically unable to demand the return of her assets. However, family andfor friends of Bobbi Kristina have otherwise put Defendant on notice of their recent discovery of the converted assets. Defendant has failed to return Bobbi Kristina?s assets. Defendant?s refusal to return Bobbi Kristina?s assets in his possession is an exercise of wrongful dominion or control over Bobbi Kristina?s assets and is detrimental to Bobbi Kristina?s rights as the rightful owner of the assets. 38direct and proximate result of Defendant?s conversion, Bobbi Kristina suffered damages. The full extent of Defendant?s conversion will be con?rmed through the discovery process, and the amount to be determined at trial. Based on the foregoing wrong?il conduct by Defendant, which was knowing, willful, intentional, malicious, reckless and/or grossly negligent, Plaintiff is entitled to an award of punitive damages in the amount of at least ten million dollars COUNT FIVE (QUANTUM ST ENRICHMENT) Plaintiff incorporates by reference paragraphs 1 through 17 of her Amended Complaint as if fully stated herein verbatim. Defendant has been unjustly enriched by his theft of Bobbi Kristina?s personal property and trust assets from her bank account, Defendant has ?nancially bene?tted to the detriment ofBobbi Kristina, and will continue to further unlawfully reap ?nancial bene?t from the value and use of Bobbi Kristina?s personal property-and trust assets. Without justification, Defendant has been unjustly enriched, and Bobbi Kristina has been damaged, the full extent of which will be confn?ined through the discovery process, and the amount to be determined at trial. COUNT SIX (WRONGFUL DEATH) Plaintiff incorporates by reference paragraphs 1 through 17 of her Amended Complaint as if fully stated herein verbatim. Defendant?s violent attack on Bobbi Kristina and associated reckless and toxic cocktail caused her to sustain a profound brain injury, which ultimately caused her death and for 45. 46. 47. 48. 49. 50. 51. which Defendant is liable. Defendant?s violent attack and tortious conduct directly and proximately caused Bobbi Kristina?s death and for which Defendant is liable. As Defendant?s wrongful and tortious conduct was a canse?in?fact and proximate cause of Bobbi Kristina?s injuries and death, Plaintiff is entitled to recover the full value of Bobbi Kristina Brown?s life, as shown by the evidence. As a result of Defendant?s wrongful and tortious conduct, Plaintiff incurred medical attention, hospitalization expenses and funeral expenses. Plaintiff is entitled to recover these expenses. At the time of her death, Bobbi Kristina was only 22 years old and had a reasonable life expectancy, as well as a reasonable work life expectancy. As a result of Defendant?s wrongful and tortious conduct, Defendant is liable for all of Bobbi Kristina?s economic loss, including loss of income and other economic loss. Based on the foregoing wrongful conduct by Defendant, which was knowing, willful, intentional, reckless andfor grossly negligent, Plaintiff is entitled to an award of punitive damages in the amount of at least ten million dollars COUNT SEVEN (PAIN AND SUFFERING) Plaintiff incorporates by reference paragraphs 1 through 17 of her Amended Complaint as if fully stated herein verbatim. As a direct and proximate result of Defendant?s wrongful conduct, Bobbi Kristina received serious injuries, physical abuse, endured pain and suffering, mental anguish, became aware of her impending death, loss of enjoyment of life, suffered other damages, 52. 53. 54. 55. 56. 57. 58. and ultimately died, as will be proven at trial and permitted under Georgia law. Based on the foregoing wrong?il conduct by Defendant, which was knowing, willful, intentional, reckless and/or grossly negligent, Plaintiff is entitled to an award of punitive damages in the amount of at least ten million dollars COUNT EIGHT FEES 0.C.G.A. 8 13-6-11) Plaintiff incorporates by reference paragraphs 1 through 17 of her Amended Complaint as if fully stated herein verbatim. Defendant has been, inter alia, acted in bad faith, and has put Plaintiff to unnecessary trouble and expense. Plaintiff is entitled to recover from Defendant expenses of litigation, including reasonable attorneys? fees, pursuant to O.C.G.A. 13-6?11, in an amount to be proven at trial. (PUNITIVE Plaintiff incorporates by reference paragraphs 1 through 55 of her Amended Complaint as if fully stated herein verbatim. Defendant?s conduct, referenced above, constitutes the intentional disregard of the rights of Bobbi Kristina, thereby justifying the imposition of punitive damages, in an amount to be determined by the enlightened conscience of the jury. Defendant?s conduct, referenced above, was undertaken with the speci?c intention of causing Bobbi Kristina physical harm, thereby eliminating the applicability of any statutory limit on the amount of punitive damages. 10 DEMAND FOR TRIAL BY JURY Plaintiff hereby demands that this matter be tried by a jury of twelve (12) competent and impartial persons. WHEREFORE, Plaintiff respectfully requests that the Court enter an Order granting the following relief: (0) Entering judgment against Defendant for the full value of the life. of Bobbi Kristina in an amount to be determined by the jury or trier of fact at the trial of I this action; Entering judgment in favor of Plaintiff and against Defendant on all counts of this Amended Complaint, including but not limited to for actual and/or compensatory damages for all pain and suffering, mental anguish, loss of enjoyment of life, as well as injuries, in an amount to be proven at trial; Entering judgment against Defendant for his unlawful conversion of Bobbi Kristina?s assets and property; Entering judgment in favor of Plaintiff and against Defendant for all costs and expenses incurred in connection with this lawsuit; Injunctive relief, first temporary and then, permanent, compelling the return of all ?nancial assets and personal property; Pre- and post? judgment interest on all sums awarded to the maximum extent allowed by law; Awarding Plaintiff special damages for all medical expenses, funeral expenses and property damage incurred on behalf of her estate in an amount which reflects 11 the reasonable value of those services and property as established by the evidence at trial; An award of punitive damages in an amount to be determined by the enlightened conscience of a jury; and Awarding Plaintiff such other and further relief as this Court deems just and proper. This the 7th day of August, 2015. GREENBERG TRAURIG, LLP 3333 Piedmont Road Suite 2500 Atlanta, Georgia 30305 Phone: (678) 553-2100 Facsimile: (678) 553-2212 Pa/vid ong-Daniels ong-d ielsd@gt1aw.com Ga. No. 141916 Thomas . Mazziotti mazziottit@gtlaw.com Georgia Bar No. 479893 C. Whit?eld Caughman caughmanw@gtlaw. com Ga. Bar No. 109147 Rebecca H. Silk silkr@gtlaw.com Ga. Bar No. 194673 12 CERTIFICATE OF SERVICE This is to certify that on this 7th day of- August, 2015, I served a true and correct copy of the foregoing AMENDED COMPLAINT by electronic mail and by U.S. Mail First-Class to the following: W. Bryant Green, Law Of?ce of W. Bryant GTeen, 111, RC. 303 Peachtree Street, Suite 4100 Atlanta, GA 30308 Dewifl/W. on dani m, Attorney for Plainti?