JOHN QUINLAN KELLY - OF COUNSEL
Attorney at Law
330 Madison Avenue
New York, New York 10017
(212) 697-2700
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES
LOUIS H. BROWN as Executor and personal representative of the Estate of NICOLE BROWN SIMPSON, deceased,
Plaintiff,
vs.
ORENTHAL JAMES SIMPSON,
Defendant
CASE NO: SC036876
COMPLAINT FOR DAMAGES-
SURVIVAL ACTION
(C.C.P. Section 377.30)
Plaintiff alleges:
FIRST CAUSE OF ACTION
1) On or about November 7, 1994, Louis H. Brown was appointed executor of the Estate of Nicole Brown Simpson, deceased, by the Superior Court of California County in Los Angeles, in Case No. SP002190. Testamentary letters are attached hereto, marked Exhibit A and incorporated herein by this reference.
2) Plaintiff is the Executor and personal representative of the Estate of Nicole Brown Simpson.
3) That at all times herein mentioned, all acts occurred in the community of Brentwood, County of Los Angeles, State of California.
4) Orenthal James Simpson is and was a resident of the County of Los Angeles.
5) At all times herein mentioned, decedent Nicole Brown Simpson was a resident of the County of Los Angeles.
6) The true names or capacities, whether individual, corporate, associate or otherwise of the defendants designated herein as Does 1 through 10, inclusive, and each of them, are unknown to plaintiff, who therefor sues said defendants by such fictitious names, and plaintiff will ask leave to amend this complaint at such time as the true names and/or capacities are ascertained. Plaintiff is informed and believes, and thereon alleges, that each defendant designated herein as DOE is responsible in some manner for the events and happenings herein referred to, and caused or contributed to the injuries and damages to plaintiff as herein alleged.
7) On or about June 12, 1994, after the foregoing cause of action arose in her favor, Nicole Brown Simpson, who would have been the plaintiff in this action if she had lived, died as the legal result of the wrongful acts of Orenthal James Simpson and Does 1 though 10.
8) On or about June 12, 1994, Orenthal James Simpson and Does 1 through 10, planned and prepared to assault, batter and murder Nicole Brown Simpson and did thereafter brutally, and with malice aforethought, stalk, attack and repeatedly stab and beat decedent, Nicole Brown Simpson. Defendants, and each of them, left her on the walkway in front of her residence to die. Nicole Brown Simpson survived the brutal attack for some unknown period of time and thereafter bled to death as a direct legal result of the wrongful and homicidal acts of Orenthal James Simpson and Does 1 through 10.
9) The attack was perpetrated by defendant Orenthal James Simpson and Does 1 through 10 with the full knowledge that the assault and battery upon decedent's body would lead to her death. Each of the acts alleged herein were done with a wanton, reckless disregard for the rights of the decedent and with the full knowledge that she would die as a result of said acts.
10) As a proximate result of the assault, battery and murder of Nicole Brown Simpson by defendants, and each of them decedent was required to and did employ physicians and surgeons to examine, treat and care for her and did incur medical and incidental expenses in an amount unknown at this time. The complaint will be amended according to proof when the amount becomes known.
11) On or about June 12, 1994, and immediately prior to decedent's death, personal property of decedent was destroyed as a legal result of defendants' wrongful acts. The amount of said property is unknown at present. Plaintiff will amend this complaint according to proof when said amount becomes known.
12) In doing the acts herein alleged, defendant, and each of them, acted with oppression, fraud and malice, and plaintiff is entitled to punitive and exemplary damages in an amount to be proven at the time of trial.
WHEREFOR, plaintiff prays judgment as follows:
1) For medical and related expenses according to proof.
2) For personal property according to proof.
3) For punitive and exemplary damages according to proof.
4) For costs of suit herein incurred.
5) For such other and further relief as the court may deem proper.
Dated: June 12, 1995.
By:
/s/ Louis H. Brown
LOUIS H. BROWN, as Executor and personal representative
of the Estate of Nicole Brown Simpson, deceased, in Pro Per