12-Person Jury

FILED
8/7/2020 11:52 AM
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS DOROTHY BROWN
COUNTY DEPARTMENT, LAW DIVISION CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 8/7/2020 11:52 AM 2020L008348

10033137
JANE ROE, an Illinois Citizen, )
)
Plaintiff, )
) 2020L008348
v. ) Case No.:
)
DAVID GARCIA ESPINAL, SMITH )
MAINTENANCE COMPANY, and )
ORGANICLIFE, LLC, )
)
Defendants, )
)
SUNSET RIDGE SCHOOL DISTRICT 29, )
)
Respondent-in-discovery, )

COMPLAINT AT LAW

NOW COMES Plaintiff, JANE ROE, by and through her attorneys, Dudley & Lake, LLC, and

complaining of the Defendant, DAVID GARCIA ESPINAL (“Espinal”), SMITH MAINTENANCE

COMPANY (“Smith”), and ORGANICLIFE, LLC (“Organic”), and in support thereof, states as

follows:

Facts Common to All Counts

1. At all times relevant, Plaintiff Jane Roe was a resident of Cook County, Illinois.

2. At all times relevant, Plaintiff Jane Roe was a teacher at the Sunset Ridge School,

located in Northfield, County of Cook, Illinois.

3. At all times relevant, Espinal was a resident of Cook County, Illinois.

4. At all times relevant, Smith was an Illinois corporation with its principal place of

business in Chicago, County of Cook, Illinois.

5. At all times relevant, Organic was an Illinois limited liability corporation with its

principal office located at 430 W. Erie, Ste. 403, Chicago, IL 60654.

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 6. At all times relevant, Smith was in the business of providing janitorial services.

7. At all times relevant, Smith contracted with Sunset Ridge School District 29 to
FILED DATE: 8/7/2020 11:52 AM 2020L008348

provide janitorial services at schools within its district, including Sunset Ridge School.

8. At all times relevant, Smith, as part of its contract with Sunset Ridge School District

29, was required to provide a criminal background check for assigned staff.

9. At all times relevant, Espinal was an employee and/or agent of Smith.

10. Prior to allowing Espinal to work on its behalf, Smith failed to perform an adequate

criminal background check as to Espinal.

11. At all times relevant, Espinal was assigned by Smith to perform janitorial services

at schools within Sunset Ridge School District 29, including Sunset Ridge School.

12. At all times relevant, Espinal’s job duties and responsibilities with Smith involved

direct, daily contact with students of Sunset Ridge School District 29, including students of Sunset

Ridge School.

13. At all times relevant, Organic was in the business of providing food services.

14. At all times relevant, Organic contracted with Sunset Ridge School District 29 to

provide food services at schools within its district, including Sunset Ridge School.

15. At all times relevant, Organic, as part of its contract with Sunset Ridge School

District 29, was required to provide a criminal background check for assigned staff.

16. At all times relevant, Espinal was an employee and/or agent of Organic.

17. Prior to allowing Espinal to work on its behalf, Organic failed to perform an

adequate criminal background check as to Espinal

18. At all times relevant, Espinal was assigned by Organic to perform food services

within the cafeteria of Sunset Ridge School.

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 19. At all times relevant, Espinal’s job duties and responsibilities with Organic

involved direct, daily contact with students of Sunset Ridge School District 29, including students
FILED DATE: 8/7/2020 11:52 AM 2020L008348

of Sunset Ridge School.

20. In 2012, Espinal was convicted of a felony, for which he received probation.

21. In 2013, Espinal was fined violating his probation relating to his felony conviction.

22. Prior to January 14, 2020, Espinal had been arrested for taking unauthorized

photographs of women in public restroom stalls.

23. Prior to January 14, 2020, Espinal had been arrested for entering a women’s

restroom to masturbate.

24. Prior to January 14, 2020, Espinal admitted to police officers that he had entered a

women’s bathroom to masturbate.

25. Prior to January 14, 2020, Espinal had been charged with public indecency.

26. Prior to January 14, 2020, Espinal had been charged with disorderly conduct.

27. On and prior to January 14, 2020, while performing work on behalf of Smith and/or

Organic, Espinal placed hidden cameras in the restrooms at Sunset Ridge School for the purpose

of filming students, teachers, and other visitors of the school.

28. At all times relevant, Espinal did not obtain consent from students, teachers, and

other visitors to film them while in the restroom.

29. On and prior to January 14, 2020, Espinal’s placement of hidden cameras occurred

while he was performing tasks that were within his job description, in his assigned work area, and

during work hours.

30. On and prior to January 14, 2020, plaintiff Jane Roe was filmed by Espinal while

using the restroom at Sunset Ridge School.

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 31. At all times relevant, Espinal did not obtain consent from Jane Roe prior to filming

her in the restroom.

FILED DATE: 8/7/2020 11:52 AM 2020L008348

Count 1 – Intrusion Upon Seclusion v. Espinal

NOW COMES Plaintiff, JANE ROE, by and through her attorneys, Dudley & Lake, LLC, and

complaining of the Defendant, DAVID GARCIA ESPINAL (“Espinal”), states as follows:

31. Plaintiff realleges paragraphs 1-31 of the Facts Common to All Counts as paragraph

31 of Count 1.

32. The filming of Jane Roe while using the restroom was not authorized by Jane Roe.

33. The filming of Jane Roe while using the restroom constitutes the type of intrusion

that is offensive to a reasonable person.

34. The filming of Jane Roe while using the restroom without her consent constitutes

the filming of a private matter.

35. As a result of the above-outlined unauthorized intrusion upon her seclusion, Jane

Roe has suffered, and will continue to suffer, great physical and emotional pain and distress,

emotional trauma, shock, embarrassment, loss of self-esteem, mental and emotional harm, and loss

of enjoyment of life, and was prevented and will continue to be prevented from obtaining the full

enjoyment of life, and has incurred and will continue incur expenses of medical and psychological

treatment, therapy, and counseling.

WHEREFORE, Plaintiff, JANE ROE, prays that this Court enter judgment in her favor

and against Defendant, DAVID GARCIA ESPINAL, in an amount in excess of $50,000.00, plus

costs.

Count 2 – Intrusion Upon Seclusion v. Smith

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 NOW COMES Plaintiff, JANE ROE, by and through her attorneys, Dudley & Lake, LLC, and

complaining of the Defendant, SMITH MAINTENANCE COMPANY (“Smith”), and in support

FILED DATE: 8/7/2020 11:52 AM 2020L008348

thereof, states as follows:

1. Plaintiff realleges and repleads paragraphs 1-34 of Count 1 as though fully set forth

herein.

2. At all times relevant, Espinal was acting within the scope of his employment and

or agency relationship with Smith.

3. As a result of the above-outlined unauthorized intrusion upon her seclusion by

Smith’s employee or agent, Jane Roe has suffered, and will continue to suffer, great physical and

emotional pain and distress, emotional trauma, shock, embarrassment, loss of self-esteem, mental

and emotional harm, and loss of enjoyment of life, and was prevented and will continue to be

prevented from obtaining the full enjoyment of life, and has incurred and will continue incur

expenses of medical and psychological treatment, therapy, and counseling.

WHEREFORE, Plaintiff, JANE ROE, prays that this Court enter judgment in her favor

and against Defendant, SMITH MAINTENANCE COMPANY, in an amount in excess of

$50,000.00, plus costs

Count 3 – Intrusion Upon Seclusion v. Organic

NOW COMES Plaintiff, JANE ROE, by and through her attorneys, Dudley & Lake, LLC, and

complaining of the Defendant, ORGANICLIFE, LLC (“Organic”), and in support thereof, states as

follows:

1. Plaintiff realleges and repleads paragraphs 1-34 of Count 1 as though fully set forth

herein.

2. At all times relevant, Espinal was acting within the scope of his employment and

or agency relationship with Organic.

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 3. As a result of the above-outlined unauthorized intrusion upon her seclusion by

Organic’s employee or agent, Jane Roe has suffered, and will continue to suffer, great physical
FILED DATE: 8/7/2020 11:52 AM 2020L008348

and emotional pain and distress, emotional trauma, shock, embarrassment, loss of self-esteem,

mental and emotional harm, and loss of enjoyment of life, and was prevented and will continue to

be prevented from obtaining the full enjoyment of life, and has incurred and will continue incur

expenses of medical and psychological treatment, therapy, and counseling.

WHEREFORE, Plaintiff, JANE ROE, prays that this Court enter judgment in her favor

and against Defendant, ORGANICLIFE, LLC, in an amount in excess of $50,000.00, plus costs.

Count 4 – Intentional Infliction of Emotional Distress v. Espinal

NOW COMES Plaintiff, JANE ROE, by and through her attorneys, Dudley & Lake, LLC, and

complaining of the Defendant, DAVID GARCIA ESPINAL (“Espinal”), states as follows:

31. Plaintiff realleges paragraphs 1-31 of the Facts Common to All Counts as paragraph

31 of Count 4.

32. The filming of Jane Roe while using the restroom without her authorization

constitutes extreme and outrageous conduct.

33. The filming of Jane Roe while using the restroom without her consent was done

with intent to cause emotional distress.

34. The filming of Jane Roe while using the restroom without her consent was done

with conscious and/or reckless disregard as to the probability that such action would cause extreme

emotional distress.

35. As a result of the filming of Jane Roe while using the restroom without her consent,

Jane Roe has suffered, and will continue to suffer, great physical and emotional pain and distress,

emotional trauma, shock, embarrassment, loss of self-esteem, mental and emotional harm, and loss

of enjoyment of life, and was prevented and will continue to be prevented from obtaining the full

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 enjoyment of life, and has incurred and will continue incur expenses of medical and psychological

treatment, therapy, and counseling.

FILED DATE: 8/7/2020 11:52 AM 2020L008348

WHEREFORE, Plaintiff, JANE ROE, prays that this Court enter judgment in her favor

and against Defendant, DAVID GARCIA ESPINAL, in an amount in excess of $50,000.00, plus

costs.

Count 5 – Intentional Infliction of Emotional Distress v. Smith

NOW COMES Plaintiff, JANE ROE, by and through her attorneys, Dudley & Lake, LLC, and

complaining of the Defendant, SMITH MAINTENANCE COMPANY (“Smith”), and in support

thereof, states as follows:

1. Plaintiff realleges paragraphs 1-34 of Count 4 as though fully set forth herein.

2. At all times relevant, Espinal was acting within the scope of his employment and

or agency relationship with Smith.

3. As a result of the above-outlined unauthorized intrusion upon her seclusion by

Smith’s employee or agent, Jane Roe has suffered, and will continue to suffer, great physical and

emotional pain and distress, emotional trauma, shock, embarrassment, loss of self-esteem, mental

and emotional harm, and loss of enjoyment of life, and was prevented and will continue to be

prevented from obtaining the full enjoyment of life, and has incurred and will continue incur

expenses of medical and psychological treatment, therapy, and counseling.

WHEREFORE, Plaintiff, JANE ROE, prays that this Court enter judgment in her favor

and against Defendant, SMITH MAINTENANCE COMPANY, in an amount in excess of

$50,000.00, plus costs.

Count 6 – Intentional Infliction of Emotional Distress v. Organic

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 NOW COMES Plaintiff, JANE ROE, by and through her attorneys, Dudley & Lake, LLC, and

complaining of the Defendant, ORGANICLIFE, LLC (“Organic”), and in support thereof, states as
FILED DATE: 8/7/2020 11:52 AM 2020L008348

follows:

1. Plaintiff realleges paragraphs 1-34 of Count 4 as though fully set forth herein.

2. At all times relevant, Espinal was acting within the scope of his employment and

or agency relationship with Organic.

3. As a result of the above-outlined unauthorized intrusion upon her seclusion by

Organic’s employee or agent, Jane Roe has suffered, and will continue to suffer, great physical

and emotional pain and distress, emotional trauma, shock, embarrassment, loss of self-esteem,

mental and emotional harm, and loss of enjoyment of life, and was prevented and will continue to

be prevented from obtaining the full enjoyment of life, and has incurred and will continue incur

expenses of medical and psychological treatment, therapy, and counseling.

WHEREFORE, Plaintiff, JANE ROE, prays that this Court enter judgment in her favor

and against Defendant, ORGANICLIFE, LLC, in an amount in excess of $50,000.00, plus costs.

Count 7 – Negligent Hiring, Retention, and Supervision v. Smith

NOW COMES Plaintiff, JANE ROE, by and through her attorneys, Dudley & Lake, LLC, and

complaining of the Defendant, SMITH MAINTENANCE COMPANY (“Smith”), and in support

thereof, states as follows:

31. Plaintiff realleges paragraphs 1-31 of the Facts Common to All Counts as paragraph

31 of Count 7.

32. At all times relevant, Smith had an obligation to perform a background check of its

employees so as to comply with 105 ILCS 5 et seq.

33. At all times relevant, Smith knew or should have known that Espinal had a

propensity to film members of the public in the restroom.

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 34. At all times relevant, Smith knew or should have known that Espinal had a

propensity to engage in disorderly conduct in public restrooms.

FILED DATE: 8/7/2020 11:52 AM 2020L008348

35. At all times relevant, Smith knew or should have known that Espinal’s job

responsibilities would include performing services unmonitored and unsupervised in public

restrooms.

36. At all times relevant, Smith had a duty to exercise ordinary care in the hiring,

retention, and supervision of its employees and agents, including Espinal, so as not to endanger

the health, welfare, and safety of members of the public, including JANE ROE.

37. At all times relevant, Smith had a duty to perform adequate background checks on

employees and/or agents prior to allowing them to work on school premises.

38. Notwithstanding this duty, at all times relevant Smith was guilty of one or more of

the following acts and/or omissions:

a. Failed to perform an adequate background check on Espinal;

b. Failed to comply with the background check requirements set forth in 105 ILCS 5
et seq.

c. Failed to inquire of Espinal into his history of filming members of the public in
restroom;

d. Failed to inquire of Espinal into his history of masturbating in public;

e. Retained Espinal despite his history of filming members of the public in the
restroom;

f. Retained Espinal despite his history of masturbating in public;

g. Failed to supervise Espinal so as to prevent unwanted and unauthorized filming of

members of the public in the restroom;

h. Failed to adequately supervise Espinal;

i. Failed to terminate Espinal when it knew or should have known that he was a threat
to the safety of the students and staff of the Sunset Ridge School; or

j. Was otherwise negligent.

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 39. As a during and proximate result of each of the aforementioned acts and omissions,

plaintiff Jane Roe was filmed by Espinal while using the restroom at Sunset Ridge School.
FILED DATE: 8/7/2020 11:52 AM 2020L008348

40. As a result of the aforementioned, Jane Roe has suffered, and will continue to

suffer, great physical and emotional pain and distress, emotional trauma, shock, embarrassment,

loss of self-esteem, mental and emotional harm, and loss of enjoyment of life, and was prevented

and will continue to be prevented from obtaining the full enjoyment of life, and has incurred and

will continue incur expenses of medical and psychological treatment, therapy, and counseling.

WHEREFORE, Plaintiff, JANE ROE, prays that this Court enter judgment in her favor

and against Defendant, SMITH MAINTENANCE COMPANY, in an amount in excess of

$50,000.00, plus costs.

Count 8 – Negligent Hiring, Retention, and Supervision v. Organic

NOW COMES Plaintiff, JANE ROE, by and through her attorneys, Dudley & Lake, LLC, and

complaining of the Defendant, ORGANICLIFE, LLC (“Organic”), and in support thereof, states as

follows:

31. Plaintiff realleges paragraphs 1-31 of the Facts Common to All Counts as paragraph

31 of Count 8.

32. At all times relevant, Organic had an obligation to perform a background check of

its employees so as to comply with 105 ILCS 5 et seq.

33. At all times relevant, Organic knew or should have known that Espinal had a

propensity to film members of the public in the restroom.

34. At all times relevant, Smith knew or should have known that Espinal had a

propensity to engage in disorderly conduct in public restrooms.

35. At all times relevant, Organic knew or should have known that Espinal’s job

responsibilities would include performing services unmonitored and unsupervised in public

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 restrooms.

36. At all times relevant, Organic had a duty to exercise ordinary care in the hiring,
FILED DATE: 8/7/2020 11:52 AM 2020L008348

retention, and supervision of its employees and agents, including Espinal, so as not to endanger

the health, welfare, and safety of members of the public, including JANE ROE.

37. At all times relevant, Smith had a duty to perform adequate background checks on

employees and/or agents prior to allowing them to work on school premises.

38. Notwithstanding this duty, at all times relevant Organic was guilty of one or more

of the following acts and/or omissions:

a. Failed to perform an adequate background check on Espinal;

b. Failed to comply with the background check requirements set forth in 105 ILCS 5
et seq.

c. Failed to inquire of Espinal into his history of filming members of the public in
restroom;

d. Failed to inquire of Espinal into his history of masturbating in public;

e. Retained Espinal despite his history of filming members of the public in the
restroom;

f. Retained Espinal despite his history of masturbating in public;

g. Failed to supervise Espinal so as to prevent unwanted and unauthorized filming of

members of the public in the restroom;

h. Failed to adequately supervise Espinal;

i. Failed to terminate Espinal when it knew or should have known that he was a threat
to the safety of the students and staff of the Sunset Ridge School; or

j. Was otherwise negligent.

39. As a during and proximate result of each of the aforementioned acts and omissions,

plaintiff Jane Roe was filmed by Espinal while using the restroom at Sunset Ridge School, which

has caused her severe emotional distress.

40. As a result of the aforementioned, Jane Roe has suffered, and will continue to

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 suffer, great physical and emotional pain and distress, emotional trauma, shock, embarrassment,

loss of self-esteem, mental and emotional harm, and loss of enjoyment of life, and was prevented
FILED DATE: 8/7/2020 11:52 AM 2020L008348

and will continue to be prevented from obtaining the full enjoyment of life, and has incurred and

will continue incur expenses of medical and psychological treatment, therapy, and counseling.

WHEREFORE, Plaintiff, JANE ROE, prays that this Court enter judgment in her favor

and against Defendant, ORGANICLIFE, LLC, in an amount in excess of $50,000.00, plus costs.

Count 9 – Respondent-in-discovery – Sunset Ridge School District 29

NOW COMES Plaintiff, JANE ROE, by and through her attorneys, Dudley & Lake, LLC, and

designates SUNSET RIDGE SCHOOL DISTRICT 29, who is believed to have information

essential to the determination of who should properly be named as additional defendants in this

action pursuant to 735 ILCS 5/402, as respondent-in-discovery.

Pursuant to Illinois Supreme Court Rule 222(b), the undersigned counsel for the plaintiff avers that the
money damages herein sought exceed FIFTY THOUSAND ($50,000.00) DOLLARS.

Respectfully submitted,

/s/ Kevin J. Golden

Kevin J. Golden (6210825)

Alex Campos (6308699)
Dudley & Lake, LLC
20 North Clark Street ~ Suite 720
Chicago, Illinois 60602
(312) 263-6300
Attorney No. 39679
kgolden@dudleylake.com
acampos@dudleylake.com

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