IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS STATE OF MISSOURI RA YBURl"J A.

JORDAN, MELINDA KRUMMRICH, MARY DELACH LEONARD, SAMUEL LEONE, JOHN O. LINSTEAD, LINDA S. LOCKHART, ODELL MITCHELL, JR., JOHN NAUNHEIM, JR., CAROLYN OLSON, KATHLEEN RICHARDSON, SUZANNE TARRANT, AND LARRY WILLIAMS, PlaintiffS,
v.

ST. LOUIS POST-DISPATCH, LLC, KEVIN MOWBRAY, AND ASTRID GARCIA, Defendants. Serve: Agent or Officer St. Louis Post-Dispatch, LLC 900 North Tucker Blvd. St. Louis, MO 63101-1099 Kevin Mowbray 900 North Tucker Blvd. St. Louis, MO 63101-1099 Astrid Garcia 900 North Tucker Blvd. St. Louis, MO 63101-1099

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PETITION Plaintiffs, Rayburn A. Jordan, Melinda Krummrich, Mary Delach Leonard, Samuel

Leone, John O. Linstead, Linda S. Lockhart, Odell Mitchell, Jr., John Naunheim, Jr., Carolyn

1

Olson, Kathleen

Richardson,

Suzanne Tarrant, and LaITY Williams,

by and through their

attorneys, The Law Offices of Staci M. Yandle, LLC, bring this action against the Defendants, St. Louis Post-Dispatch, LLC, Kevin Mowbray and Astrid Garcia, and state as follows:

COUNT I - FRAUD LENT INDUCMENT (RAYBURN A. JORDAN) Plaintiff, Rayburn A. Jordan, alleges: 1. Plaintiff, Rayburn A. Jordan
IS

now and was at all times mentioned

in

this

Petition, a resident of St. Louis, Missouri. 2. Defendant, St. Louis Post-Dispatch, LLC, is now and was at all times mentioned

in this Petition, a corporation authorized to do business under the laws of the State of Missouri and was engaged in the publication of a daily newspaper, "The St. Louis Post-Dispatch", with its principle place of business in the City of St. Louis, Missouri. 3. Defendant, Kevin Mowbray, is now was and at all times mentioned in this

Petition, a resident of the State of Missouri and the President and Publisher of the St. Louis PostDispatch. At all times relevant, Kevin Mowbray was acting as an agent, servant and/or

employee of the Defendant, St. Louis Post-Dispatch, LLC. 4. Defendant, Astrid Garcia, is now and was at all times mentioned in this Petition, a for Human Resources and Labor

resident of the State of Missouri and the Vice-President Operations for the St. Louis Post-Dispatch.

At all times relevant, Astrid Garcia was acting as an

agent, servant and/or employee of the Defendant, St. Louis Post-Dispatch, LLC. 5. Venue is proper in the City of St. Louis as the relevant acts and omissions

occurred in the City of St. Louis. 6. Prior to September 30, 2007, Plaintiff, Rayburn A. Jordan was employed as a

Copy Editor for the St. Louis Post-Dispatch.
2

7.

On or about August 2,2007, Defendant St. Louis Post-Dispatch, LLC, through its

employee and agent, Defendant, Kevin Mowbray, made an early retirement offer to certain employees of the St. Louis Post-Dispatch, including the Plaintiff. 8. Defendant, St. Louis Post-Dispatch, LLC, thereafter by and through its agents,

servants and employees, including Defendents, Kevin Mowbray and Astrid Garcia, orally and in writing provided the Plaintiff with additional information regarding the early retirement offer including a incentive package. 9. provided In the course of the aforesaid discussions, and in the various written materials to the Plaintiff, the Defendants willfully, maliciously, falsely, and fraudulently

represented to the Plaintiff that if Plaintiff accepted the early retirement offer and incentive package, the Plaintiff would receive certain benefits including, post-retirement medical coverage at no cost to him for the rest of his life. 10. At the time these willful, malicious, false, and fraudulent representations were

made by Defendants to Plaintiff, Defendants intended to make such representations and knew that the representations were false. Defendants did not intend to provide the Plaintiff with postretirement medical coverage at no cost to him for the rest of his life, but instead, willfully and maliciously made those representations retirement offer and buyout. scheme by Defendants. 11. At the time these representations were made, Plaintiff was ignorant of their in order to induce Plaintiff to accept Defendant's early were made pursuant to a design and

These misrepresentations

falsity, but reasonably believed them to be true. Had Plaintiff known the true facts, he would not have accepted the early retirement offer. 12. In reliance on these representations by Defendants, Plaintiff on or about

3

September 30, 2007, voluntarily retired from and terminated his employment with the St. Louis Post-Dispatch. 13. Notwithstanding the above mentioned representations, by letter dated November

19, 2010, from Kelly Livingston, Benefits Manager for Lee Enterprises, the corporate parent of Defendant St. Louis Post-Dispatch, Defendant St. Louis Post-Dispatch, LLC, Plaintiff was informed that effective January 1, 2011, LLC, would cease to pay the premiums for his post-

retirement medical coverage. 14. Since January 1, 2011, Defendant, St. Louis Post-Dispatch, LLC, has failed and post-retirement health insurance premiums as previously promised.

refused to pay Plaintiffs 15.

As a direct and proximate result of the aforesaid acts and omissions on the part of Plaintiff has incurred substantial financial losses and has been caused great

the Defendants,

mental, physical and emotional suffering, all to his loss and damage.

Wherefore, Plaintiff, Rayburn A. Jordan, prays for judgment against Defendants, and each of them, jointly and severally, for his actual damages in an amount presently unknown, but in excess of $25,000, costs incurred in this action and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT II - PUNITIVE DAMAGES eRA YBURN A. JORDAl~) Rayburn A. Jordan alleges: 1-15. Count II. Plaintiff alleges paragraphs 1 through 15 of Count I as paragraphs 1 through 15 of

4

16.

In engaging

m the conduct

alleged herein, Defendants,

acted intentionally,

willfully and wantonly and with reckless disregard with the intent that the Plaintiff rely upon their fraudulent misrepresentations to his detriment and for Defendants' own pecuniary gain.

Wherefore, Plaintiff, Rayburn A. Jordan, prays for judgment against Defendants, and each of them, jointly and severally, for punitive damages in an amount to be determined at trial and such other and further relief as the Court considers proper.

PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT III -

NEGLIGENT MISREPRESENTATION (RAYBURN A. JORDAN)

Plaintiff, Rayburn A. Jordan alleges: 1-8. Count III. 9. In connection with the aforementioned early retirement offer, the Defendants Plaintiff realleges paragraphs 1 through 8 of Count I as paragraphs 1 through 8 of

owed Plaintiff a duty to insure that the post-retirement medical coverage would be available to the Plaintiff for life at no cost to him. 10. Notwithstanding the aforementioned duty, the Defendants, and each of them or omissions of

breached their duty of care to the Plaintiff by making material misrepresentations

fact, all as more fully described above, and by offering the Plaintiff said post-retirement medical coverage without insuring that said coverage would be available to the Plaintiff once he accepted the offer. 11. Defendants knew or reasonably should have known or foreseen that the Plaintiff or omissions in retiring and terminating his employment

would rely upon the misrepresentations

with Defendant, would be injured and would suffer financial losses. 5

12.

As a direct and proximate result of the aforementioned acts and/or or omissions of Plaintiff has incurred substantial financial losses and has been caused great

the Defendants,

mental, physical and emotional suffering, all to his loss and damage.

Wherefore, Plaintiff, Rayburn A. Jordan, prays for judgment against Defendants, and each of them, jointly and severally, for his actual damages in an amount presently unknown, but in excess of $25,000, costs incurred in this action and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT IV - FRAUDLENT INDUCMENT (MELINDA KRUMMRICH) Plaintiff, Melinda Krummrich, alleges: 1. Plaintiff, Melinda Krummrich is now and was at all times mentioned in this

Petition, a resident of St. Louis, Missouri. 2. Defendant, St. Louis Post-Dispatch, LLC, is now and was at all times mentioned

in this Petition, a corporation authorized to do business under the laws of the State of Missouri and was engaged in the publication of a daily newspaper, "The St. Louis Post-Dispatch", with its principle place of business in the City of St. Louis, Missouri. 3. Defendant, Kevin Mowbray, is now was and at all times mentioned in this

Petition, a resident of the State of Missouri and the President and Publisher of the St. Louis PostDispatch. At all times relevant, Kevin Mowbray was acting as an agent, servant and/or

employee of the Defendant, St. Louis Post-Dispatch, LLC. 4. Defendant, Astrid Garcia, is now and was at all times mentioned in this Petition, a

6

resident of the State of Missouri and the Vice-President Operations for the St. Louis Post-Dispatch.

for Human Resources and Labor

At all times relevant, Astrid Garcia was acting as an

agent, servant and/or employee of the Defendant, S1. Louis Post-Dispatch, LLC. 5. Venue is proper in the City of S1. Louis as the relevant acts and omISSIOns

occurred in the City of St. Louis. 6. Prior to September 28, 2007, Plaintiff, Melinda Krummrich was employed as a

News Aide for the St. Louis Post-Dispatch. 7. On or about August 2,2007, Defendant S1. Louis Post-Dispatch, LLC, through its

employee and agent, Defendant, Kevin Mowbray, made an early retirement offer to certain employees of the St. Louis Post-Dispatch, including the Plaintiff 8. Defendant, S1. Louis Post-Dispatch, LLC, thereafter, by and through its agents,

servants and employees, including Defendents, Kevin Mowbray and Astrid Garcia, orally and in writing provided the Plaintiff with additional information regarding the early retirement offer including a incentive package. 9. provided In the course of the aforesaid discussions, and in the various written materials to the Plaintiff, the Defendants willfully, maliciously, falsely, and fraudulently

represented to the Plaintiff that if Plaintiff accepted the early retirement offer and incentive package, Plaintiff would receive post-retirement medical coverage at no cost to her for the rest of her life. 10. At the time these willful, malicious, false, and fraudulent representations were

made by Defendants to Plaintiff, Defendants intended to make such representations and knew that the representations were false. Defendants did not intend to provide the Plaintiff with post-

retirement medical coverage at no cost to her for the rest of her life, but instead, willfully and

7

maliciously made those representations retirement offer and buyout. scheme by Defendants. 11.

in order to induce Plaintiff to accept Defendant's

early

These misrepresentations

were made pursuant to a design and

At the time these representations

were made, Plaintiff was ignorant of their

falsity, but reasonably believed them to be true. Had Plaintiff known the true facts, she would not have accepted the early retirement offer. 12. In reliance on these representations by Defendants, Plaintiff on or about

September 28, 2007, voluntarily retired from and terminated her employment with the St. Louis Post-Dispatch. 13. Notwithstanding the above mentioned representations, by letter dated November

19,2010, from Kelly Livingston, Benefits Manager for Lee Enterprises, the corporate parent of Defendant St. Louis Post-Dispatch, LLC, Plaintiff was informed that effective January 1,2011, Defendant St. Louis Post-Dispatch, LLC, would cease to pay the premiums for her post-

retirement medical coverage. 14. Since January 1, 2011, Defendant, St. Louis Post-Dispatch, LLC, has failed and

refused to pay Plaintiff's post-retirement health insurance premiums as previously promised. 15. As a direct and proximate result of the aforesaid acts and omissions on the part of Plaintiff has incurred substantial financial losses and has been caused great

the Defendants,

mental, physical and emotional suffering, all to her loss and damage.

Wherefore, Plaintiff, Melinda Krummrich, prays for judgment against Defendants, and each of them, jointly and severally, for her actual damages in an amount presently unknown, but in excess of $25,000, costs incurred in this action and such other and further relief as the Court

8

considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT V - PUNITIVE DAMAGES (MELINDA KRUMMRICH) Melinda Krummrich alleges: 1-15. of Count V. 16. In engaging in the conduct alleged herein, Defendants acted intentionally, Plaintiff alleges paragraphs 1 through 15 of Count IV as paragraphs 1 through 15

willfully and wantonly and with reckless disregard with the intent that the Plaintiff rely upon their fraudulent misrepresentations to her detriment and for Defendants' own pecuniary gain.

Wherefore, Plaintiff, Melinda Krummrich, prays for judgment against Defendants, and each of them, jointly and severally, for punitive damages in an amount to be determined at trial and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT VI - NEGLIGENT MISREPRESENTATION Plaintiff, Melinda Krummrich alleges: 1-8. of Count VI. 9. In connection with the aforementioned

(MELINDA KRUMMRICH)

Plaintiff realleges paragraphs 1 through 8 of Count IV as paragraphs 1 through 8

early retirement offer, the Defendants

owed Plaintiff a duty to insure that the post-retirement medical coverage would be available to the Plaintiff for life at no cost to her.

9

10.

Notwithstanding

the aforementioned

duty, the Defendants,

and each of them

breached their duty of care to the Plaintiff by making material misrepresentations or omissions of fact, all as more fully described above, and by offering the Plaintiff said post-retirement medical coverage without insuring that said coverage would be available to the Plaintiff once she accepted the offer. 11. Defendants knew or reasonably should have known or foreseen that the Plaintiff or omissions in retiring and terminating her employment

would rely upon the misrepresentations

with Defendant, would be injured and would suffer financial losses. 12. As a direct and proximate result of the aforementioned acts and/or or omissions of Plaintiff has incurred substantial financial losses and has been caused great

the Defendants,

mental, physical and emotional suffering, all to her loss and damage.

Wherefore, Plaintiff, Melinda Krumrnrich, prays for judgment against Defendants, and each of them, jointly and severally, for her actual damages in an amount presently unknown, but in excess of $25,000, costs incurred in this action and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT VII - FRAUD LENT INDUCMENT (MARY DELACH LEONARD) Plaintiff, Mary Delach Leonard, alleges: 1. Plaintiff, Mary Delach Leonard is now and was at all times mentioned in this

Petition, a resident of Collinsville, Illinois. 2. Defendant, S1. Louis Post-Dispatch, LLC, is now and was at all times mentioned

10

in this Petition, a corporation authorized to do business under the laws of the State of Missouri and was engaged in the publication of a daily newspaper, "The St. Louis Post-Dispatch", with its principle place of business in the City of St. Louis, Missouri. 3. Defendant, Kevin Mowbray, is now was and at all times mentioned in this

Petition, a resident of the State of Missouri and the President and Publisher of the St. Louis PostDispatch. At all times relevant, Kevin Mowbray was acting as an agent, servant and/or

employee of the Defendant, St. Louis Post-Dispatch, LLC. 4. Defendant, Astrid Garcia, is now and was at all times mentioned in this Petition, a for Human Resources and Labor

resident of the State of Missouri and the Vice-President Operations for the St. Louis Post-Dispatch.

At all times relevant, Astrid Garcia was acting as an

agent, servant and/or employee of the Defendant, St. Louis Post-Dispatch, LLC. 5. Venue is proper in the City of St. Louis as the relevant acts and omissions

occurred in the City of St. Louis. 6. Prior to September 21, 2007, Plaintiff, Mary Delach Leonard was employed as a

Reporter for the S1. Louis Post-Dispatch. 7. On or about August 2,2007, Defendant St. Louis Post-Dispatch, LLC, through its

employee and agent, Defendant, Kevin Mowbray, made an early retirement offer to certain employees of the S1. Louis Post-Dispatch, including the Plaintiff. 8. Defendant, St. Louis Post-Dispatch, LLC, thereafter, by and through its agents,

servants and employees, including Defendents, Kevin Mowbray and Astrid Garcia, orally and in writing provided the Plaintiff with additional information regarding the early retirement offer including a incentive package. 9. In the course of the aforesaid discussions, and in the various written materials

11

provided

to the Plaintiff,

the Defendants

willfully,

maliciously,

falsely, and fraudulently

represented to the Plaintiff that if Plaintiff accepted the early retirement offer and incentive package, the Plaintiff would receive post-retirement rest of her life. 10. At the time these willful, malicious, false, and fraudulent representations were medical coverage at no cost to her for the

made by Defendants to Plaintiff, Defendants intended to make such representations

and knew

that the representations were false. Defendants did not intend to provide the Plaintiff with postretirement medical coverage at no cost to her for the rest of her life, but instead, willfully and maliciously made those representations retirement offer and buyout. scheme by Defendants. 11. At the time these representations were made, Plaintiff was ignorant of their in order to induce Plaintiff to accept Defendant's early

These misrepresentations

were made pursuant to a design and

falsity, but reasonably believed them to be true. Had Plaintiff known the true facts, she would not have accepted the early retirement offer. 12. In reliance on these representations by Defendants, Plaintiff on or about

September 21, 2007, voluntarily retired from and terminated her employment with the St. Louis Post-Dispatch. 13. Notwithstanding the above mentioned representations, by letter dated November

19, 2010, from Kelly Livingston, Benefits Manager for Lee Enterprises, the corporate parent of Defendant St. Louis Post-Dispatch, LLC, Plaintiff was informed that effective January 1, 2011, Defendant St. Louis Post-Dispatch, LLC, would cease to pay the premiums for her post-

retirement medical coverage. 14. Since January 1, 2011, Defendant, St. Louis Post-Dispatch, LLC, has failed and

12

refused to pay Plaintiff's post-retirement health insurance premiums as previously promised. 15. As a direct and proximate result of the aforesaid acts and omissions on the part of Plaintiff has incurred substantial financial losses and has been caused great

the Defendants,

mental, physical and emotional suffering, all to her loss and damage.

Wherefore, Plaintiff, Mary Delach Leonard, prays for judgment against Defendants, and each of them, jointly and severally, for her actual damages in an amount presently unknown, but in excess of $25,000, costs incurred in this action and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT VIII - PUNITIVE DAMAGES (MARY DELACH LEONARD) Mary Delach Leonard alleges: 1-15. of Count VII. 16. In engagmg
in

Plaintiff alleges paragraphs 1 through 15 of Count VI as paragraphs 1 through 15

the conduct

alleged herein, Defendants

acted intentionally,

willfully and wantonly and with reckless disregard with the intent that the Plaintiff rely upon their fraudulent misrepresentations to her detriment and for Defendants' own pecuniary gain.

Wherefore, Plaintiff, Mary Delach Leonard, prays for judgment against Defendants, and each of them, jointly and severally, for punitive damages in an amount to be determined at trial and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

13

COUNT IX - NEGLIGENT MISREPRESENTATION Plaintiff, Mary Delach Leonard alleges: 1-8. of Count IX. 9. In connection with the aforementioned

(MARY DELACH LEONARD)

Plaintiff realleges paragraphs 1 through 8 of Count VII as paragraphs 1 through 8

early retirement offer, the Defendants

owed Plaintiff a duty to insure that the post-retirement medical coverage would be available to the Plaintiff for life at no cost to her. 10. Notwithstanding the aforementioned duty, the Defendants, and each of them or omissions of

breached their duty of care to the Plaintiff by making material misrepresentations

fact, all as more fully described above, and by offering the Plaintiff said post-retirement medical coverage without insuring that said coverage would be available to the Plaintiff once she accepted the offer. 11. Defendants knew or reasonably should have known or foreseen that the Plaintiff or omissions in retiring and terminating her employment

would rely upon the misrepresentations

with Defendant, would be injured and would suffer financial losses. 12. As a direct and proximate result of the aforementioned acts and/or or omissions of Plaintiff has incurred substantial financial losses and has been caused great

the Defendants,

mental, physical and emotional suffering, all to her loss and damage.

Wherefore, Plaintiff, Mary Delach Leonard, prays for judgment against Defendants, and each of them, jointly and severally, for her actual damages in an amount presently unknown, but in excess of $25,000, costs incurred in this action and such other and further relief as the Court

14

considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT X - FRAUDLENT INDUCMENT (SAMUEL LEONE) Plaintiff, Samuel Leone, alleges: 1. Plaintiff, Samuel Leone is now and was at all times mentioned in this Petition, a

resident of Lake St. Louis, Missouri. 2. Defendant, St. Louis Post-Dispatch, LLC, is now and was at all times mentioned

in this Petition, a corporation authorized to do business under the laws of the State of Missouri and was engaged in the publication of a daily newspaper, "The St. Louis Post-Dispatch", with its principle place of business in the City of St. Louis, Missouri. 3. Defendant, Kevin Mowbray, is now was and at all times mentioned in this

Petition, a resident of the State of Missouri and the President and Publisher of the St. Louis PostDispatch. At all times relevant, Kevin Mowbray was acting as an agent, servant and/or

employee of the Defendant, St. Louis Post-Dispatch, LLC. 4. Defendant, Astrid Garcia, is now and was at all times mentioned in this Petition, a for Human Resources and Labor

resident of the State of Missouri and the Vice-President Operations for the St. Louis Post-Dispatch.

At all times relevant, Astrid Garcia was acting as an

agent, servant and/or employee of the Defendant, St. Louis Post-Dispatch, LLC. 5. Venue is proper in the City of St. Louis as the relevant acts and omISSIOns

occurred in the City of St. Louis. 6. Prior to August 31, 2007, Plaintiff, Samuel Leone was employed as a

Photographer for the St. Louis Post-Dispatch.

15

7.

On or about August 2, 2007, Defendant St. Louis Post-Dispatch, LLC, through its

employee and agent, Defendant, Kevin Mowbray, made an early retirement offer to certain employees ofthe St. Louis Post-Dispatch, including the Plaintiff. 8. Defendant, St. Louis Post-Dispatch, LLC, thereafter, by and through its agents,

servants and employees, including Defendents, Kevin Mowbray and Astrid Garcia, orally and in writing provided the Plaintiff with additional information regarding the early retirement offer including a incentive package. 9. provided In the course of the aforesaid discussions, and in the various written materials to the Plaintiff, the Defendants willfully, maliciously, falsely, and fraudulently

represented to the Plaintiff that if Plaintiff accepted the early retirement offer and incentive package, Plaintiff would receive post-retirement medical coverage at no cost to him for the rest of his life. 10. At the time these willful, malicious, false, and fraudulent representations were

made by Defendants to Plaintiff, Defendants intended to make such representations and knew that the representations were false. Defendants did not intend to provide the Plaintiff with post-

retirement medical coverage at no cost to him for the rest of his life, but instead, willfully and maliciously made those representations retirement offer and buyout. scheme by Defendants. 11. At the time these representations were made, Plaintiff was ignorant of their in order to induce Plaintiff to accept Defendant's early were made pursuant to a design and

These misrepresentations

falsity, but reasonably believed them to be true. Had Plaintiff known the true facts, he would not have accepted the early retirement offer. 12. In reliance on these representations by Defendants, Plaintiff on or about August

16

31, 2007, voluntarily Dispatch. 13.

retired from and terminated his employment with the St. Louis Post-

Notwithstanding

the above mentioned representations,

by letter dated November

19,2010, from Kelly Livingston, Benefits Manager for Lee Enterprises, the corporate parent of Defendant S1. Louis Post-Dispatch, LLC, Plaintiff was informed that effective] anuary 1, 2011, Defendant S1. Louis Post-Dispatch, LLC, would cease to pay the premiums for his post-

retirement medical coverage. 14. Since January 1, 2011, Defendant, St. Louis Post-Dispatch, LLC, has failed and post-retirement health insurance premiums as previously promised.

refused to pay Plaintiffs 15.

As a direct and proximate result of the aforesaid acts and omissions on the part of Plaintiff has incurred substantial financial losses and has been caused great

the Defendants,

mental, physical and emotional suffering, all to his loss and damage.

Wherefore, Plaintiff, Samuel Leone, prays for judgment against Defendants, and each of them, jointly and severally, for his actual damages in an amount presently unknown, but in excess of $25,000, costs incurred in this action and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT XI - PUNITIVE DAMAGES (SAMUEL LEONE) Samuel Leone alleges: 1-15. Plaintiff alleges paragraphs 1 through 15 of Count X as paragraphs 1 through 15

17

of Count XL 16. In engaging m the conduct alleged herein, Defendants acted intentionally,

willfully and wantonly and with reckless disregard with the intent that the Plaintiff rely upon their fraudulent misrepresentations to his detriment and for Defendants' own pecuniary gain.

Wherefore, Plaintiff, Samuel Leone, prays for judgment against Defendants, and each of them, jointly and severally, for punitive damages in an amount to be determined at trial and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT XII - NEGLIGENT MISREPRESENTATION Plaintiff, Samuel Leone alleges: 1-8. Count XII. 9. In connection with the aforementioned

(SAMUEL LEONE)

Plaintiff realleges paragraphs 1 through 8 of Count X as paragraphs 1 through 8 of

early retirement offer, the Defendants

owed Plaintiff a duty to insure that the post-retirement medical coverage would be available to the Plaintiff for life at no cost to him. 10. Notwithstanding the aforementioned duty, the Defendants, and each of them or omissions of

breached their duty of care to the Plaintiff by making material misrepresentations

fact, all as more fully described above, and by offering the Plaintiff said post-retirement medical coverage without insuring that said coverage would be available to the Plaintiff once he accepted the offer. 11. Defendants knew or reasonably should have known or foreseen that the Plaintiff

18

would rely upon the misrepresentations

or omissions in retiring and terminating his employment

with Defendant, would be injured and would suffer financial losses. 12. As a direct and proximate result of the aforementioned acts and/or or omissions of Plaintiff has incurred substantial financial losses and has been caused great

the Defendants,

mental, physical and emotional suffering, all to his loss and damage.

Wherefore, Plaintiff, Samuel Leone, prays for judgment against Defendants, and each of them, jointly and severally, for his actual damages in an amount presently unknown, but in excess of $25,000, costs incurred in this action and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT XIII - FRAUD LENT INDUCMENT (JOHN O. LINSTEAD) Plaintiff, John O. Linstead, alleges: 1. Plaintiff, John O. Linstead is now and was at all times mentioned in this Petition,

a resident of St. Louis, Missouri. 2. Defendant, St. Louis Post-Dispatch, LLC, is now and was at all times mentioned

in this Petition, a corporation authorized to do business under the laws of the State of Missouri and was engaged in the publication of a daily newspaper, "The St. Louis Post-Dispatch", with its principle place of business in the City of St. Louis, Missouri. 3. Defendant, Kevin Mowbray, is now was and at all times mentioned in this

Petition, a resident of the State of Missouri and the President and Publisher of the St. Louis PostDispatch. At all times relevant, Kevin Mowbray was acting as an agent, servant and/or

19

employee of the Defendant, St. Louis Post-Dispatch, LLC. 4. Defendant, Astrid Garcia, is now and was at all times mentioned in this Petition, a for Human Resources and Labor

resident of the State of Missouri and the Vice-President Operations for the St. Louis Post-Dispatch.

At all times relevant, Astrid Garcia was acting as an

agent, servant and/or employee of the Defendant, St. Louis Post-Dispatch, LLC. 5. Venue is proper in the City of St. Louis as the relevant acts and omissions

occurred in the City of St. Louis. 6. Prior to August 17,2007, Plaintiff, John O. Linstead was employed as a Business

Copy Editor for the St. Louis Post-Dispatch. 7. On or about August 2,2007, Defendant St. Louis Post-Dispatch, LLC, through its

employee and agent, Defendant, Kevin Mowbray, made an early retirement offer to certain employees of the St. Louis Post-Dispatch, including the Plaintiff. 8. Defendant, St. Louis Post-Dispatch, LLC, thereafter, by and through its agents,

servants and employees, including Defendents, Kevin Mowbray and Astrid Garcia, orally and in writing provided the Plaintiff with additional information regarding the early retirement offer including a incentive package. 9. provided In the course of the aforesaid discussions, and in the various written materials to the Plaintiff, the Defendants willfully, maliciously, falsely, and fraudulently

represented to the Plaintiff that if Plaintiff accepted the early retirement offer and incentive package, Plaintiff would receive post-retirement medical coverage at no cost to him for the rest of his life. 10. At the time these willful, malicious, false, and fraudulent representations were

made by Defendants to Plaintiff, Defendants intended to make such representations and knew

20

that the representations were false. Defendants did not intend to provide the Plaintiff with postretirement medical coverage at no cost to him for the rest of his life, but instead, willfully and maliciously made those representations retirement offer and buyout. scheme by Defendants. 11. At the time these representations were made, Plaintiff was ignorant of their in order to induce Plaintiff to accept Defendant's early were made pursuant to a design and

These misrepresentations

falsity, but reasonably believed them to be true. Had Plaintiff known the true facts, he would not have accepted the early retirement offer. 12. In reliance on these representations by Defendants, Plaintiff on or about August retired from and terminated his employment with the St. Louis Post-

17, 2007, voluntarily Dispatch. 13.

Notwithstanding

the above mentioned representations, by letter dated November

19,2010, from Kelly Livingston, Benefits Manager for Lee Enterprises, the corporate parent of Defendant St. Louis Post-Dispatch, LLC, Plaintiff was informed that effective January 1, 2011, Defendant St. Louis Post-Dispatch, LLC, would cease to pay the premiums for his post-

retirement medical coverage. 14. Since January 1,2011, Defendant, St. Louis Post-Dispatch, LLC, has failed and post-retirement health insurance premiums as previously promised.

refused to pay Plaintiffs 15. the Defendants,

As a direct and proximate result ofthe aforesaid acts and omissions on the part of Plaintiff has incurred substantial financial losses and has been caused great

mental, physical and emotional suffering, all to his loss and damage.

Wherefore, Plaintiff, John O. Linstead, prays for judgment against Defendants, and each

21

of them, jointly and severally, for his actual damages in an amount presently unknown, but in excess of $25,000, costs incurred in this action and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT XIV - PUNITIVE DAMAGES (JOHN O. LINSTEAD) John O. Linstead alleges: 1-15. Plaintiff alleges paragraphs 1 through 15 of Count XIII as paragraphs 1 through

15 of Count XIV. 16. In engaging
III

the conduct

alleged herein, Defendants

acted intentionally,

willfully and wantonly and with reckless disregard with the intent that the Plaintiff rely upon their fraudulent misrepresentations to his detriment and for Defendants' own pecuniary gain.

Wherefore, Plaintiff, John O. Linstead, prays for judgment against Defendants, and each of them, jointly and severally, for punitive damages in an amount to be determined at trial and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT XV - NEGLIGENT MISREPRESENTATION Plaintiff, John O. Linstead alleges: 1-8. of Count XV. 9. In connection with the aforementioned 22

(JOHN O. LINSTEAD)

Plaintiff real leges paragraphs 1 through 8 of Count XIII as paragraphs 1 through 8

early retirement offer, the Defendants

owed Plaintiff a duty to insure that the post-retirement medical coverage would be available to the Plaintiff for life at no cost to him. 10. Notwithstanding the aforementioned duty, the Defendants, and each of them or omissions of

breached their duty of care to the Piaintiffby making material misrepresentations

fact, all as more fully described above, and by offering the Plaintiff said post-retirement medical coverage without insuring that said coverage would be available to the Plaintiff once he accepted the offer. 11. Defendants knew or reasonably should have known or foreseen that the Plaintiff or omissions in retiring and terminating his employment

would rely upon the misrepresentations

with Defendant, would be injured and would suffer financial losses. 12. As a direct and proximate result of the aforementioned acts and/or or omissions of Plaintiff has incurred substantial financial losses and has been caused great

the Defendants,

mental, physical and emotional suffering, all to his loss and damage.

Wherefore, Plaintiff, John O. Linstead, prays for judgment against Defendants, and each of them, jointly and severally, for his actual damages in an amount presently unknown, but in excess of $25,000, costs incurred in this action and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT XVI - FRAUD LENT INDUCMENT (LINDA S. LOCKHART) Plaintiff, Linda S. Lockhart, alleges: 1. Plaintiff, Linda S. Lockhart is now and was at all times mentioned in this Petition,

23

a resident of Kirkwood, Missouri. 2. Defendant, St. Louis Post-Dispatch, LLC, is now and was at all times mentioned

in this Petition, a corporation authorized to do business under the laws of the State of Missouri and was engaged in the publication of a daily newspaper, "The S1. Louis Post-Dispatch", with its principle place of business in the City of St. Louis, Missouri. 3. Defendant, Kevin Mowbray, is now was and at all times mentioned in this

Petition, a resident of the State of Missouri and the President and Publisher ofthe S1. Louis PostDispatch. At all times relevant, Kevin Mowbray was acting as an agent, servant and/or

employee of the Defendant, S1. Louis Post-Dispatch, LLC. 4. Defendant, Astrid Garcia, is now and was at all times mentioned in this Petition, a for Human Resources and Labor

resident of the State of Missouri and the Vice-President Operations for the S1. Louis Post-Dispatch.

At all times relevant, Astrid Garcia was acting as an

agent, servant and/or employee of the Defendant, S1. Louis Post-Dispatch, LLC. 5. Venue is proper in the City of S1. Louis as the relevant acts and omissions

occurred in the City of St. Louis. 6. Prior to September 28, 2007, Plaintiff, Linda S. Lockhart was employed as a Wire

Desk Editor for the S1. Louis Post-Dispatch. 7. On or about August 2,2007, Defendant S1. Louis Post-Dispatch, LLC, through its

employee and agent, Defendant, Kevin Mowbray, made an early retirement offer to certain employees of the St. Louis Post-Dispatch, including the Plaintiff. 8. Defendant, St. Louis Post-Dispatch, LLC, thereafter, by and through its agents,

servants and employees, including Defendents, Kevin Mowbray and Astrid Garcia, orally and in writing provided the Plaintiff with additional information regarding the early retirement offer

24

including a incentive package. 9. provided In the course of the aforesaid discussions, and in the various written materials to the Plaintiff, the Defendants willfully, maliciously, falsely, and fraudulently

represented to the Plaintiff that if Plaintiff accepted the early retirement offer and incentive package, Plaintiff would receive post-retirement medical coverage at no cost to her for the rest of her life. 10. At the time these willful, malicious, false, and fraudulent representations were

made by Defendants to Plaintiff, Defendants intended to make such representations and knew that the representations were false. Defendants did not intend to provide the Plaintiff with postretirement medical coverage at no cost to her for the rest of her life, but instead, willfully and maliciously made those representations retirement offer and buyout. scheme by Defendants. 11. At the time these representations were made, Plaintiff was ignorant of their in order to induce Plaintiff to accept Defendant's early

These misrepresentations

were made pursuant to a design and

falsity, but reasonably believed them to be true. Had Plaintiff known the true facts, she would not have accepted the early retirement offer. 12. In reliance on these representations by Defendants, Plaintiff on or about

September 28,2007, Post-Dispatch. 13.

voluntarily retired from and terminated her employment with the St. Louis

Notwithstanding

the above mentioned representations,

by letter dated November

19,2010, from Kelly Livingston, Benefits Manager for Lee Enterprises, the corporate parent of Defendant St. Louis Post-Dispatch, LLC, Plaintiff was informed that effective January 1,2011, Defendant St. Louis Post-Dispatch, LLC, would cease to pay the premiums for her post-

25

retirement medical coverage. 14. Since January 1, 2011, Defendant, S1. Louis Post-Dispatch, LLC, has failed and post-retirement health insurance premiums as previously promised.

refused to pay Plaintiffs 15.

As a direct and proximate result of the aforesaid acts and omissions on the part of Plaintiff has incurred substantial financial losses and has been caused great

the Defendants,

mental, physical and emotional suffering, all to her loss and damage.

Wherefore, Plaintiff, Linda S. Lockhart, prays for judgment against Defendants, and each of them, jointly and severally, for her actual damages in an amount presently unknown, but in excess of $25,000, costs incurred in this action and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT XVII - PUNITIVE DAMAGES (LINDA S. LOCKHART) Linda S. Lockhart alleges: 1-15. Plaintiff alleges paragraphs 1 through 15 of Count XVI as paragraphs 1 through

15 of Count XVII. 16. In engaging
III

the conduct

alleged herein, Defendants

acted intentionally,

willfully and wantonly and with reckless disregard with the intent that the Plaintiff rely upon their fraudulent misrepresentations to her detriment and for Defendants' own pecuniary gain.

Wherefore, Plaintiff, Linda S. Lockhart, prays for judgment against Defendants, and each of them, jointly and severally, for punitive damages in an amount to be determined at trial and such other and further relief as the Court considers proper.

26

PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT XVIII

NEGLIGENT MISREPRESENTATION

(LINDA S. LOCKHARD

Plaintiff, Linda S. Lockhart alleges: 1-8. Plaintiff realleges paragraphs 1 through 8 of Count XVI as paragraphs 1 through 8

of Count XVIII. 9. In connection with the aforementioned early retirement offer, the Defendants

owed Plaintiff a duty to insure that the post-retirement medical coverage would be available to the Plaintiff for life at no cost to her. 10. Notwithstanding the aforementioned duty, the Defendants, and each of them or omissions of

breached their duty of care to the Plaintiff by making material misrepresentations

fact, all as more fully described above, and by offering the Plaintiff said post-retirement medical coverage without insuring that said coverage would be available to the Plaintiff once she accepted the offer. 11. Defendants knew or reasonably should have known or foreseen that the Plaintiff or omissions in retiring and terminating her employment

would rely upon the misrepresentations

with Defendant, would be injured and would suffer financial losses. 12. the Defendants, As a direct and proximate result of the aforementioned acts and/or or omissions of Plaintiff has incurred substantial financial losses and has been caused great

mental, physical and emotional suffering, all to her loss and damage.

Wherefore, Plaintiff, Linda S. Lockhart, prays for judgment against Defendants, and each of them, jointly and severally, for her actual damages in an amount presently unknown, but in

27

excess of $25,000, costs incurred in this action and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT XIX - FRAUD LENT INDUCMENT (ODELL MITCHELL, JR.) Plaintiff, Odell Mitchell, Jr., alleges: 1. Plaintiff, Odell Mitchell, Jr. is now and was at all times mentioned in this Petition,

a resident of O'Fallon, Illinois. 2. Defendant, St. Louis Post-Dispatch, LLC, is now and was at all times mentioned

in this Petition, a corporation authorized to do business under the laws of the State of Missouri and was engaged in the publication of a daily newspaper, "The St. Louis Post-Dispatch", with its principle place of business in the City of St. Louis, Missouri. 3. Defendant, Kevin Mowbray, is now was and at all times mentioned in this

Petition, a resident of the State of Missouri and the President and Publisher of the St. Louis PostDispatch. At all times relevant, Kevin Mowbray was acting as an agent, servant and/or

employee of the Defendant, St. Louis Post-Dispatch, LLC. 4. Defendant, Astrid Garcia, is now and was at all times mentioned in this Petition, a for Human Resources and Labor

resident of the State of Missouri and the Vice-President Operations for the St. Louis Post-Dispatch.

At all times relevant, Astrid Garcia was acting as an

agent, servant and/or employee of the Defendant, St. Louis Post-Dispatch, LLC. 5. Venue is proper in the City of St. Louis as the relevant acts and omissions

occurred in the City of St. Louis. 6. Prior to September 28, 2007, Plaintiff, John O. Linstead was employed as a

28

Photographer for the St. Louis Post-Dispatch. 7. On or about August 2,2007, Defendant St. Louis Post-Dispatch, LLC, through its

employee and agent, Defendant, Kevin Mowbray, made an early retirement offer to certain employees of the St. Louis Post-Dispatch, including the Plaintiff. 8. Defendant, St. Louis Post-Dispatch, LLC, thereafter, by and through its agents,

servants and employees, including Defendents, Kevin Mowbray and Astrid Garcia, orally and in writing provided the Plaintiff with additional information regarding the early retirement offer including a incentive package. 9. provided In the course of the aforesaid discussions, and in the various written materials to the Plaintiff, the Defendants willfully, maliciously, falsely, and fraudulently

represented to the Plaintiff that if Plaintiff accepted the early retirement offer and incentive package, the Plaintiff would receive post-retirement rest of his life. 10. At the time these willful, malicious, false, and fraudulent representations were medical coverage at no cost to him for the

made by Defendants to Plaintiff, Defendants intended to make such representations and knew that the representations were false. Defendants did not intend to provide the Plaintiff with postretirement medical coverage at no cost to him for the rest of his life, but instead, willfully and maliciously made those representations retirement offer and buyout. scheme by Defendants. 11. At the time these representations were made, Plaintiff was ignorant of their in order to induce Plaintiff to accept Defendant's early were made pursuant to a design and

These misrepresentations

falsity, but reasonably believed them to be true. Had Plaintiff known the true facts, he would not have accepted the early retirement offer.

29

12.

In reliance

on these representations

by Defendants,

Plaintiff

on or about

September 28, 2007, voluntarily retired from and terminated his employment with the St. Louis Post-Dispatch. 13. Notwithstanding the above mentioned representations, by letter dated November

19, 2010, from Kelly Livingston, Benefits Manager for Lee Enterprises, the corporate parent of Defendant St. Louis Post-Dispatch, Defendant St. Louis Post-Dispatch, LLC, Plaintiff was informed that effective January 1, 2011, LLC, would cease to pay the premiums for his post-

retirement medical coverage. 14. Since January 1, 2011, Defendant, St. Louis Post-Dispatch, LLC, has failed and post-retirement health insurance premiums as previously promised.

refused to pay Plaintiffs 15.

As a direct and proximate result of the aforesaid acts and omissions on the part of Plaintiff has incurred substantial financial losses and has been caused great

the Defendants,

mental, physical and emotional suffering, all to his loss and damage.

Wherefore, Plaintiff, Odell Mitchell, Jr., prays for judgment against Defendants, and each of them, jointly and severally, for his actual damages in an amount presently unknown, but in excess of $25,000, costs incurred in this action and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT XX - PUNITIVE DAMAGES (ODELL MITCHELL, JR.) Odell Mitchell, Jr. alleges: 1-15. Plaintiff alleges paragraphs 1 through 15 of Count XIX as paragraphs 1 through

30

15 of Count 16.

xx.
In engaging in the conduct alleged herein, Defendants acted intentionally,

willfully and wantonly and with reckless disregard with the intent that the Plaintiff rely upon their fraudulent misrepresentations to his detriment and for Defendants' own pecuniary gain.

Wherefore, Plaintiff, Odell Mitchell, Jr., prays for judgment against Defendants, and each of them, jointly and severally, for punitive damages in an amount to be determined at trial and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT XXJ- NEGLIGENT MISREPRESENTATION Plaintiff, Odell Mitchell, Jr. alleges: 1-8. of Count XXI. 9. In connection with the aforementioned

(ODELL MITCHELL, JR.)

Plaintiff realleges paragraphs 1 through 8 of Count XIX as paragraphs 1 through 8

early retirement offer, the Defendants medical coverage would be available to

owed Plaintiff a duty to insure that the post-retirement the Plaintiff for life at no cost to him. 10. Notwithstanding the aforementioned

duty, the Defendants,

and each of them or omissions of

breached their duty of care to the Plaintiff by making material misrepresentations

fact, all as more fully described above, and by offering the Plaintiff said post-retirement medical coverage without insuring that said coverage would be available to the Plaintiff once he accepted the offer. 11. Defendants knew or reasonably should have known or foreseen that the Plaintiff

31

would rely upon the misrepresentations

or omissions in retiring and terminating his employment

with Defendant, would be injured and would suffer financial losses. 12. As a direct and proximate result of the aforementioned acts and/or or omissions of Plaintiff has incurred substantial financial losses and has been caused great

the Defendants,

mental, physical and emotional suffering, all to his loss and damage.

Wherefore, Plaintiff, Odell Mitchell, Jr., prays for judgment against Defendants, and each of them, jointly and severally, for his actual damages in an amount presently unknown, but in excess of $25,000, costs incurred in this action and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT XXII - FRAUDLENT INDUCMENT (JOHN NAUNHEIM, JR.) Plaintiff, John Naunheim, Jr., alleges: 1. Plaintiff, John Naunheim, Jr.
IS

now and was at all times mentioned

III

this

Petition, a resident of St. Louis, Missouri. 2. Defendant, St. Louis Post-Dispatch, LLC, is now and was at all times mentioned

in this Petition, a corporation authorized to do business under the laws of the State of Missouri and was engaged in the publication of a daily newspaper, "The St. Louis Post-Dispatch", with its principle place of business in the City of St. Louis, Missouri. 3. Defendant, Kevin Mowbray, is now was and at all times mentioned in this

Petition, a resident of the State of Missouri and the President and Publisher of the St. Louis PostDispatch. At all times relevant, Kevin Mowbray was acting as an agent, servant and/or

32

employee of the Defendant, St. Louis Post-Dispatch, LLC. 4. Defendant, Astrid Garcia, is now and was at all times mentioned in this Petition, a for Human Resources and Labor

resident of the State of Missouri and the Vice-President Operations for the St. Louis Post-Dispatch.

At all times relevant, Astrid Garcia was acting as an

agent, servant and/or employee of the Defendant, St. Louis Post-Dispatch, LLC. 5. Venue is proper in the City of St. Louis as the relevant acts and omISSIOns

occurred in the City of St. Louis. 6. Prior to September 28, 2007, Plaintiff, John O. Linstead was employed as a

Photographer for the St. Louis Post-Dispatch. 7. On or about August 2,2007, Defendant St. Louis Post-Dispatch, LLC, through its

employee and agent, Defendant, Kevin Mowbray, made an early retirement offer to certain employees of the St. Louis Post-Dispatch, including the Plaintiff. 8. Defendant, St. Louis Post-Dispatch, LLC, thereafter, by and through its agents,

servants and employees, including Defendents, Kevin Mowbray and Astrid Garcia, orally and in writing provided the Plaintiff with additional information regarding the early retirement offer including a incentive package. 9. provided In the course of the aforesaid discussions, and in the various written materials to the Plaintiff, the Defendants willfully, maliciously, falsely, and fraudulently

represented to the Plaintiff that if Plaintiff accepted the early retirement offer and incentive package, Plaintiff would receive post-retirement of his life. 10. At the time these willful, malicious, false, and fraudulent representations were medical coverage at no cost to him for the rest

made by Defendants to Plaintiff, Defendants intended to make such representations and knew

33

that the representations were false. Defendants did not intend to provide the Plaintiff with postretirement medical coverage at no cost to him for the rest of his life, but instead, willfully and maliciously made those representations retirement offer and buyout. scheme by Defendants. 11. At the time these representations were made, Plaintiff was ignorant of their in order to induce Plaintiff to accept Defendant's early were made pursuant to a design and

These misrepresentations

falsity, but reasonably believed them to be true. Had Plaintiff known the true facts, he would not have accepted the early retirement offer. 12. In reliance on these representations by Defendants, Plaintiff on or about

September 28, 2007, voluntarily retired from and terminated his employment with the St. Louis Post-Dispatch. 13. Notwithstanding the above mentioned representations, by letter dated November

19, 2010, from Kelly Livingston, Benefits Manager for Lee Enterprises, the corporate parent of Defendant St. Louis Post-Dispatch, Defendant St. Louis Post-Dispatch, LLC, Plaintiff was informed that effective January 1, 2011, LLC, would cease to pay the premiums for his post-

retirement medical coverage. 14. Since January 1, 2011, Defendant, St. Louis Post-Dispatch, LLC, has failed and

refused to pay Plaintiff's post-retirement health insurance premiums as previously promised. 15. As a direct and proximate result of the aforesaid acts and omissions on the part of Plaintiff has incurred substantial financial losses and has been caused great

the Defendants,

mental, physical and emotional suffering, all to his loss and damage.

Wherefore, Plaintiff, John Naunheim, Jr., prays for judgment against Defendants, and

34

each of them, jointly and severally, for his actual damages in an amount presently unknown, but in excess of $25 ,000., costs incurred in this action and such other and further relief as the C0U11 considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT XXIII - PUNITIVE DAMAGES (JOHN NAUNHEIM, JR.) John Naunheim, Jr. alleges: 1-15. Plaintiff alleges paragraphs 1 through 15 of Count XXII as paragraphs 1 through

15 of Count XXIII. 16. In engaging
III

the conduct

alleged herein, Defendants

acted intentionally,

willfully and wantonly and with reckless disregard with the intent that the Plaintiff rely upon their fraudulent misrepresentations to his detriment and for Defendants' own pecuniary gain.

Wherefore, Plaintiff, John Naunheim, Jr., prays for judgment against Defendants, and each of them, jointly and severally, for punitive damages in an amount to be determined at trial and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT XXIV - NEGLIGENT MISREPRESENTATION Plaintiff, John Naunheim, Jr. alleges: 1-8.

(JOHN NAUNHEIM, JR.)

Plaintiff realleges paragraphs 1 through 8 of Count XXII as paragraphs 1 through

8 of Count XXIV. 9. In connection with the aforementioned early retirement offer, the Defendants

35

owed Plaintiff a duty to insure that the post-retirement medical coverage would be available to the Plaintiff for life at no cost to him. 10. Notwithstanding the aforementioned duty, the Defendants, and each of them or omissions of

breached their duty of care to the Plaintiff by making material misrepresentations

fact, all as more fully described above, and by offering the Plaintiff said post-retirement medical coverage without insuring that said coverage would be available to the Plaintiff once he accepted the offer. 11. Defendants knew or reasonably should have known or foreseen that the Plaintiff or omissions in retiring and terminating his employment

would rely upon the misrepresentations

with Defendant, would be injured and would suffer financial losses. 12. As a direct and proximate result of the aforementioned acts and/or or omissions of Plaintiff has incurred substantial financial losses and has been caused great

the Defendants,

mental, physical and emotional suffering, all to his loss and damage.

Wherefore, Plaintiff, John Naunheim, Jr., prays for judgment against Defendants, and each of them, jointly and severally, for his actual damages in an amount presently unknown, but in excess of $25,000, costs incurred in this action and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT XXV - FRAUDLENT INDUCMENT (CAROLYN OLSON) Plaintiff, Carolyn Olson, alleges: 1. Plaintiff, Carolyn Olson, is now and was at all times mentioned in this Petition, a

36

resident of Fenton, Missouri. 2. Defendant, St. Louis Post-Dispatch, LLC, is now and was at all times mentioned

in this Petition, a corporation authorized to do business under the laws of the State of Missouri and was engaged in the publication of a daily newspaper, "The St. Louis Post-Dispatch", with its principle place of business in the City of St. Louis, Missouri. 3. Defendant, Kevin Mowbray, is now was and at all times mentioned in this

Petition, a resident of the State of Missouri and the President and Publisher of the St. Louis PostDispatch. At all times relevant, Kevin Mowbray was acting as an agent, servant and/or

employee of the Defendant, St. Louis Post-Dispatch, LLC. 4. Defendant, Astrid Garcia, is now and was at all times mentioned in this Petition, a for Human Resources and Labor

resident of the State of Missouri and the Vice-President Operations for the St. Louis Post-Dispatch.

At all times relevant, Astrid Garcia was acting as an

agent, servant and/or employee of the Defendant, St. Louis Post-Dispatch, LLC. 5. Venue is proper in the City of St. Louis as the relevant acts and omISSIOns

occurred in the City of St. Louis. 6. Prior to October 1, 2007, Plaintiff, Carolyn Olsno was employed as a Copy Editor

for the St. Louis Post-Dispatch. 7. On or about August 2,2007, Defendant St. Louis Post-Dispatch, LLC, through its

employee and agent, Defendant, Kevin Mowbray, made an early retirement offer to certain employees of the St. Louis Post-Dispatch, including the Plaintiff. 8. Defendant, St. Louis Post-Dispatch, LLC, thereafter, by and through its agents,

servants and employees, including Defendents, Kevin Mowbray and Astrid Garcia, orally and in writing provided the Plaintiff with additional information regarding the early retirement offer

37

including a incentive package. 9. provided In the course of the aforesaid discussions, and in the various written materials to the Plaintiff, the Defendants willfully, maliciously, falsely, and fraudulently

represented to the Plaintiff that if Plaintiff accepted the early retirement offer and incentive package, the Plaintiff would receive post-retirement rest of her life. 10. At the time these willful, malicious, false, and fraudulent representations were medical coverage at no cost to her for the

made by Defendants to Plaintiff, Defendants intended to make such representations and knew that the representations were false. Defendants did not intend to provide the Plaintiff with postretirement medical coverage at no cost to her for the rest of her life, but instead, willfully and maliciously made those representations retirement offer and buyout. scheme by Defendants. 11. At the time these representations were made, Plaintiff was ignorant of their in order to induce Plaintiff to accept Defendant's early were made pursuant to a design and

These misrepresentations

falsity, but reasonably believed them to be true. Had Plaintiff known the true facts, she would not have accepted the early retirement offer. 12. In reliance on these representations by Defendants, Plaintiff on or about October retired from and terminated her employment with the St. Louis Post-

1, 2007, voluntarily Dispatch. 13.

Notwithstanding

the above mentioned representations, by letter dated November

19,2010, from Kelly Livingston, Benefits Manager for Lee Enterprises, the corporate parent of Defendant St. Louis Post-Dispatch, LLC, Plaintiff was informed that effective January 1, 2011, Defendant St. Louis Post-Dispatch, LLC, would cease to pay the premiums for her post-

38

retirement medical coverage. 14. Since January 1, 2011, Defendant, St. Louis Post-Dispatch, LLC, has failed and post-retirement health insurance premiums as previously promised.

refused to pay Plaintiffs 15.

As a direct and proximate result of the aforesaid acts and omissions on the part of Plaintiff has incurred substantial financial losses and has been caused great

the Defendants,

mental, physical and emotional suffering, all to her loss and damage.

Wherefore, Plaintiff, Carolyn Olson, prays for judgment against Defendants, and each of them, jointly and severally, for her actual damages in an amount presently unknown, but in excess of $25,000, costs incurred in this action and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT XXVI - PUNITIVE DAMAGES (CAROLYN OLSON) Carolyn Olson alleges: 1-15. Plaintiff alleges paragraphs 1 through 15 of Count XXV as paragraphs 1 through

15 of Count XXVI. 16. In engaging
III

the conduct

alleged herein,

Defendants

acted intentionally,

willfully and wantonly and with reckless disregard with the intent that the Plaintiff rely upon their fraudulent misrepresentations to her detriment and for Defendants' own pecuniary gain.

Wherefore, Plaintiff, Carolyn Olson, prays for judgment against Defendants, and each of them, jointly and severally, for punitive damages in an amount to be determined at trial and such

39

other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT XXVII - NEGLIGENT MISREPRESENTATION Plaintiff, Carolyn Olson alleges: 1-8.

(CAROLYN OLSON)

Plaintiff realleges paragraphs 1 through 8 of Count XXV as paragraphs 1 through

8 of Count XXVII. 9. In connection with the aforementioned early retirement offer, the Defendants

owed Plaintiff a duty to insure that the post-retirement medical coverage would be available to the Plaintiff for life at no cost to her. 10. Notwithstanding the aforementioned duty, the Defendants, and each of them or omissions of

breached their duty of care to the Plaintiff by making material misrepresentations

fact, all as more fully described above, and by offering the Plaintiff said post-retirement medical coverage without insuring that said coverage would be available to the Plaintiff once she accepted the offer. 11. Defendants knew or reasonably should have known or foreseen that the Plaintiff or omissions in retiring and terminating her employment

would rely upon the misrepresentations

with Defendant, would be injured and would suffer financial losses. 12. As a direct and proximate result of the aforementioned acts andlor or omissions of Plaintiff has incurred substantial financial losses and has been caused great

the Defendants,

mental, physical and emotional suffering, all to her loss and damage.

Wherefore, Plaintiff, Carolyn Olson, prays for judgment against Defendants, and each of

40

them, jointly and severally, for her actual damages in an amount presently unknown, but in excess of $25,000, costs incurred in this action and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT XXVIII - FRAUD LENT INDUCMENT (KATHLEEN RICHARDSON) Plaintiff, Kathleen Richardson, alleges: 1. Plaintiff, Kathleen Richardson is now and was at all times mentioned in this

Petition, a resident of St. Louis, Missouri. 2. Defendant, St. Louis Post-Dispatch, LLC, is now and was at all times mentioned

in this Petition, a corporation authorized to do business under the laws of the State of Missouri and was engaged in the publication of a daily newspaper, "The St. Louis Post-Dispatch", with its principle place of business in the City of St. Louis, Missouri. 3. Defendant, Kevin Mowbray, is now was and at all times mentioned in this

Petition, a resident of the State of Missouri and the President and Publisher of the St. Louis PostDispatch. At all times relevant, Kevin Mowbray was acting as an agent, servant and/or

employee of the Defendant, St. Louis Post-Dispatch, LLC. 4. Defendant, Astrid Garcia, is now and was at all times mentioned in this Petition, a for Human Resources and Labor

resident of the State of Missouri and the Vice-President Operations for the St. Louis Post-Dispatch.

At all times relevant, Astrid Garcia was acting as an

agent, servant and/or employee of the Defendant, St. Louis Post-Dispatch, LLC. 5. Venue is proper in the City of St. Louis as the relevant acts and omISSIOns

occurred in the City of St. Louis.

41

6.

Prior to September 28, 2007, Plaintiff, Kathleen Richardson was employed as a

Copy Editor for the St. Louis Post-Dispatch. 7. On or about August 2,2007, Defendant St. Louis Post-Dispatch, LLC, through its

employee and agent, Defendant, Kevin Mowbray, made an early retirement offer to certain employees of the S1. Louis Post-Dispatch, including the Plaintiff. 8. Defendant, St. Louis Post-Dispatch, LLC, thereafter, by and through its agents,

servants and employees, including Defendents, Kevin Mowbray and Astrid Garcia, orally and in writing provided the Plaintiff with additional information regarding the early retirement offer including a incentive package. 9. provided In the course of the aforesaid discussions, and in the various written materials to the Plaintiff, the Defendants willfully, maliciously, falsely, and fraudulently

represented to the Plaintiff that if Plaintiff accepted the early retirement offer and incentive package, the Plaintiff would receive post-retirement rest of her life. lO. At the time these willful, malicious, false, and fraudulent representations were medical coverage at no cost to her for the

made by Defendants to Plaintiff, Defendants intended to make such representations and knew that the representations were false. Defendants did not intend to provide the Plaintiff with post-

retirement medical coverage at no cost to her for the rest of her life, but instead, willfully and maliciously made those representations retirement offer and buyout. scheme by Defendants. 11. At the time these representations were made, Plaintiff was ignorant of their in order to induce Plaintiff to accept Defendant's early

These misrepresentations

were made pursuant to a design and

falsity, but reasonably believed them to be true. Had Plaintiff known the true facts, she would

42

not have accepted the early retirement offer. 12. In reliance on these representations by Defendants, Plaintiff on or about

September 28, 2007, voluntarily retired from and terminated her employment with the St. Louis Post-Dispatch. 13. Notwithstanding the above mentioned representations, by letter dated November

19, 2010, from Kelly Livingston, Benefits Manager for Lee Enterprises, the corporate parent of Defendant St. Louis Post-Dispatch, LLC, Plaintiff was informed that effective January 1, 2011, Defendant St. Louis Post-Dispatch, LLC, would cease to pay the premiums for her post-

retirement medical coverage. 14. Since January 1, 2011, Defendant, St. Louis Post-Dispatch, LLC, has failed and

refused to pay Plaintiff's post-retirement health insurance premiums as previously promised. 15. As a direct and proximate result of the aforesaid acts and omissions on the part of Plaintiff has incurred substantial financial losses and has been caused great

the Defendants,

mental, physical and emotional suffering, all to her loss and damage.

Wherefore, Plaintiff, Kathleen Richardson, prays for judgment against Defendants, and each of them, jointly and severally, for her actual damages in an amount presently unknown, but in excess of $25,000, costs incurred in this action and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT XXIX - PUNITIVE DAlVIAGES (KATHLEEN RICHARDSON) Kathleen Richardson alleges:

43

1-15.

Plaintiff alleges paragraphs

1 through

15 of Count XXVIII as paragraphs

1

through 15 of Count XXIX. 16. In engaging in the conduct alleged herein, Defendants, and each of them acted

intentionally, willfully and wantonly and with reckless disregard with the intent that the Plaintiff rely upon their fraudulent . . pecuniary gam. misrepresentations to her detriment and for Defendants' own

Wherefore, Plaintiff, Kathleen Richardson, prays for judgment against Defendants, and each of them, jointly and severally, for punitive damages in an amount to be determined at trial and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT XXX - NEGLIGENT MISREPRESENTATION Plaintiff, Kathleen Richardson alleges: 1-8. Plaintiff realleges paragraphs

(KATHLEEN RICHARDSON)

1 through 8 of Count XXVIII as paragraphs

1

through 8 of Count XXX. 9. In connection with the aforementioned early retirement offer, the Defendants

owed Plaintiff a duty to insure that the post-retirement medical coverage would be available to the Plaintiff for life at no cost to her. 10. Notwithstanding the aforementioned duty, the Defendants, and each of them or omissions of

breached their duty of care to the Plaintiffby making material misrepresentations

fact, all as more fully described above, and by offering the Plaintiff said post-retirement medical coverage without insuring that said coverage would be available to the Plaintiff once she

44

accepted the offer. 11. Defendants knew or reasonably should have known or foreseen that the Plaintiff or omissions in retiring and terminating her employment

would rely upon the misrepresentations

with Defendant, would be injured and would suffer financial losses. 12. As a direct and proximate result of the aforementioned acts and/or or omissions of Plaintiff has incurred substantial financial losses and has been caused great

the Defendants,

mental, physical and emotional suffering, all to her loss and damage.

Wherefore, Plaintiff, Kathleen Richardson, prays for judgment against Defendants, and each of them, jointly and severally, for her actual damages in an amount presently unknown, but in excess of $25,000, costs incurred in this action and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT XXXI - FRAUDLENT INDUCMENT (SUZANNE TARRANT) Plaintiff, Suzanne Tarrant, alleges: 1. Plaintiff, Suzanne Tarrant is now and was at all times mentioned in this Petition, a

resident of Manchester, Missouri. 2. Defendant, St. Louis Post-Dispatch, LLC, is now and was at all times mentioned

in this Petition, a corporation authorized to do business under the laws of the State of Missouri and was engaged in the publication of a daily newspaper, "The St. Louis Post-Dispatch", with its principle place of business in the City of St. Louis, Missouri. 3. Defendant, Kevin Mowbray, is now was and at all times mentioned in this

45

Petition , a resident of the State of Missouri and the President and Publisher of the St. Louis PostDispatch. At all times relevant, Kevin Mowbray was acting as an agent, servant and/or

employee of the Defendant, St. Louis Post-Dispatch, LLC. 4. Defendant, Astrid Garcia, is now and was at all times mentioned in this Petition, a for Human Resources and Labor

resident of the State of Missouri and the Vice-President Operations for the St. Louis Post-Dispatch.

At all times relevant, Astrid Garcia was acting as an

agent, servant and/or employee of the Defendant, St. Louis Post-Dispatch, LLC. 5. Venue is proper in the City of St. Louis as the relevant acts and omissions

occurred in the City of St. Louis. 6. Prior to September 28, 2007, Plaintiff, Suzanne Tarrant was employed as a Copy

Editor for the St. Louis Post-Dispatch. 7. On or about August 2,2007, Defendant St. Louis Post-Dispatch, LLC, through its

employee and agent, Defendant, Kevin Mowbray, made an early retirement offer to certain employees of the St. Louis Post-Dispatch, including the Plaintiff. 8. Defendant, St. Louis Post-Dispatch, LLC, thereafter, by and through its agents,

servants and employees, including Defendents, Kevin Mowbray and Astrid Garcia, orally and in writing provided the Plaintiff with additional information regarding the early retirement offer including a incentive package. 9. provided In the course of the aforesaid discussions, and in the various written materials to the Plaintiff, the Defendants willfully, maliciously, falsely, and fraudulently

represented to the Plaintiff that if Plaintiff accepted the early retirement offer and incentive package, the Plaintiff would receive post-retirement rest of her life. medical coverage at no cost to her for the

46

10.

At the time these willful, malicious, false, and fraudulent representations

were

made by Defendants to Plaintiff, Defendants intended to make such representations and knew that the representations were false. Defendants did not intend to provide the Plaintiff with postretirement medical coverage at no cost to her for the rest of her life, but instead, willfully and maliciously made those representations retirement offer and buyout. scheme by Defendants. 11. At the time these representations were made, Plaintiff was ignorant of their in order to induce Plaintiff to accept Defendant's early were made pursuant to a design and

These misrepresentations

falsity, but reasonably believed them to be true. Had Plaintiff known the true facts, she would not have accepted the early retirement offer. 12. In reliance on these representations by Defendants, Plaintiff on or about

September 28, 2007, voluntarily retired from and terminated her employment with the St. Louis Post-Dispatch. 13. Notwithstanding the above mentioned representations, by letter dated November

19, 2010, from Kelly Livingston, Benefits Manager for Lee Enterprises, the corporate parent of Defendant St. Louis Post-Dispatch, Defendant St. Louis Post-Dispatch, LLC, Plaintiff was informed that effective January 1, 2011, LLC, would cease to pay the premiums for her post-

retirement medical coverage. 14. Since January 1, 2011, Defendant, St. Louis Post-Dispatch, LLC, has failed and post-retirement health insurance premiums as previously promised.

refused to pay Plaintiffs 15.

As a direct and proximate result of the aforesaid acts and omissions on the part of Plaintiff has incurred substantial financial losses and has been caused zreat
b

the Defendants,

mental, physical and emotional suffering, all to her loss and damage.

47

Wherefore, Plaintiff, Suzanne Tarrant, prays for judgment against Defendants, and each of them, jointly and severally, for her actual damages in an amount presently unknown, but in excess of $25,000, costs incurred in this action and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY COUNT XXXII - PUNITIVE DAMAGES (SUZANNE TARRANT) Suzanne Tarrant alleges: 1-15. Plaintiff alleges paragraphs 1 through 15 of Count XXXI as paragraphs 1 through

15 of Count XXXII. 16. In engaging in the conduct alleged herein, Defendants, and each of them acted

intentionally, willfully and wantonly and with reckless disregard with the intent that the Plaintiff rely upon their fraudulent . . pecuniary gam. misrepresentations to her detriment and for Defendants' own

Wherefore, Plaintiff, Suzanne Tarrant, prays for judgment against Defendants, and each of them, jointly and severally, for punitive damages in an amount to be determined at trial and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT XXXIII - NEGLIGENT MISREPRESENTATION Plaintiff, Suzanne Tarrant alleges: 1-8.

(SUZANNE TARRANT)

Plaintiff realleges paragraphs 1 through 8 of Count XXXI as paragraphs 1 through

8 of Count XXXIII. 48

9.

In connection

with the aforementioned

early retirement offer, the Defendants

owed Plaintiff a duty to insure that the post-retirement medical coverage would be available to the Plaintiff for life at no cost to her. 10. Notwithstanding the aforementioned duty, the Defendants, and each of them or omissions of

breached their duty of care to the Plaintiff by making material misrepresentations

fact, all as more fully described above, and by offering the Plaintiff said post-retirement medical coverage without insuring that said coverage would be available to the Plaintiff once she accepted the offer. 11. Defendants knew or reasonably should have known or foreseen that the Plaintiff or omissions in retiring and terminating her employment

would rely upon the misrepresentations

with Defendant, would be injured and would suffer financial losses. 12. As a direct and proximate result of the aforementioned acts and/or or omissions of Plaintiff has incurred substantial financial losses and has been caused great

the Defendants,

mental, physical and emotional suffering, all to her loss and damage.

Wherefore, Plaintiff, Suzanne Tarrant, prays for judgment against Defendants, and each of them, jointly and severally, for her actual damages in an amount presently unknown, but in excess of $25,000, costs incurred in this action and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT XXXIV - FRAUDLENT INDUCMENT (LARRY WILLIAMS) Plaintiff, LaITYWilliams, alleges: 1. Plaintiff, LaITYWilliams is now and was at all times mentioned in this Petition, a

49

resident of St. Charles, Missouri. 2. Defendant, St. Louis Post-Dispatch, LLC, is now and was at all times mentioned

in this Petition, a corporation authorized to do business under the laws of the State of Missouri and was engaged in the publication of a daily newspaper, "The St. Louis Post-Dispatch", with its principle place of business in the City of St. Louis, Missouri. 3. Defendant, Kevin Mowbray, is now was and at all times mentioned in this

Petition, a resident of the State of Missouri and the President and Publisher of the St. Louis PostDispatch. At all times relevant, Kevin Mowbray was acting as an agent, servant and/or

employee of the Defendant, St. Louis Post-Dispatch, LLC. 4. Defendant, Astrid Garcia, is now and was at all times mentioned in this Petition, a and the Vice-President for Human Resources and Labor

resident of the State of Missouri

Operations for the St. Louis Post-Dispatch.

At all times relevant, Astrid Garcia was acting as an

agent, servant and/or employee of the Defendant, St. Louis Post-Dispatch, LLC. 5. Venue is proper in the City of St. Louis as the relevant acts and omISSIOns

occurred in the City of St. Louis. 6. Prior to September 28, 2007, Plaintiff, Larry Williams was employed as a copy

editor for the St. Louis Post-Dispatch. 7. On or about August 2, 2007, Defendant St. Louis Post-Dispatch, LLC, through its

employee and agent, Defendant, Kevin Mowbray, made an early retirement offer to certain employees of the St. Louis Post-Dispatch, including the Plaintiff. 8. Defendant, St. Louis Post-Dispatch, LLC, thereafter, by and through its agents,

servants and employees, including Defendents, Kevin Mowbray and Astrid Garcia, orally and in writing provided the Plaintiff with additional information regarding the early retirement offer

50

including a incentive package. 9. provided In the course of the aforesaid discussions, and in the various written materials to the Plaintiff, the Defendants willfully, maliciously, falsely, and fraudulently

represented to the Plaintiff that if Plaintiff accepted the early retirement offer and incentive package, the Plaintiff would receive post-retirement medical coverage at no cost to him for the rest of his life. 10. At the time these willful, malicious, false, and fraudulent representations were

made by Defendants to Plaintiff, Defendants intended to make such representations and knew that the representations were false. Defendants did not intend to provide the Plaintiff with postretirement medical coverage at no cost to him for the rest of his life, but instead, willfully and maliciously made those representations retirement offer and buyout. scheme by Defendants. 11. At the time these representations were made, Plaintiff was ignorant of their in order to induce Plaintiff to accept Defendant's early were made pursuant to a design and

These misrepresentations

falsity, but reasonably believed them to be true. Had Plaintiff known the true facts, he would not have accepted the early retirement offer. 12. In reliance on these representations by Defendants, Plaintiff on or about

September 28, 2007, voluntarily retired from and terminated his employment with the St. Louis Post-Dispatch. 13. Notwithstanding the above mentioned representations, by letter dated November

19, 2010, from Kelly Livingston, Benefits Manager for Lee Enterprises, the corporate parent of Defendant St. Louis Post-Dispatch, LLC, Plaintiff was informed that effective January 1, 2011, Defendant St. Louis Post-Dispatch, LLC, would cease to pay the premiums for his post-

51

retirement medical coverage. 14. Since January 1, 2011, Defendant, St. Louis Post-Dispatch, LLC, has failed and

refused to pay Plaintiff's post-retirement health insurance premiums as previously promised. 15. As a direct and proximate result of the aforesaid acts and omissions on the part of Plaintiff has incurred substantial financial losses and has been caused great

the Defendants,

mental, physical and emotional suffering, all to his loss and damage.

Wherefore, Plaintiff, Larry Williams, prays for judgment against Defendants, and each of them, jointly and severally, for his actual damages in an amount presently unknown, but in excess of $25,000, costs incurred in this action and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT XXXV - PUNITIVE DAMAGES (LARRY WILLIAMS) Larry Williams alleges: 1-15. Plaintiff alleges paragraphs 1 through 15 of Count XXXIV as paragraphs

through 15 of Count XXXV. 16. In engaging in the conduct alleged herein, Defendants, and each of them acted

intentionally, willfully and wantonly and with reckless disregard with the intent that the Plaintiff rely upon their fraudulent misrepresentations gam. to his detriment and for Defendants' own pecuniary

52

Wherefore, Plaintiff, Larry Williams, prays for judgment against Defendants, and each of them, jointly and severally, for punitive damages in an amount to be determined at trial and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

COUNT XXXVI - NEGLIGENT MISREPRESENTATION Plaintiff, Larry Williams alleges: 1-8. Plaintiff realleges paragraphs

(LARRY WILLIAMS)

1 through 8 of Count XXXIV as paragraphs

1

through 8 of Count XXXVI. 9. In connection with the aforementioned early retirement offer, the Defendants

owed Plaintiff a duty to insure that the post-retirement medical coverage would be available to the Plaintiff for life at no cost to him. 10. Notwithstanding the aforementioned duty, the Defendants, and each of them or omissions of

breached their duty of care to the Plaintiff by making material misrepresentations

fact, all as more fully described above, and by offering the Plaintiff said post-retirement medical coverage without insuring that said coverage would be available to the Plaintiff once he accepted the offer. 11. Defendants knew or reasonably should have known or foreseen that the Plaintiff or omissions in retiring and terminating his employment

would rely upon the misrepresentations

with Defendant, would be injured and would suffer financial losses. 12. the Defendants, As a direct and proximate result of the aforementioned acts and/or or omissions of Plaintiff has incurred substantial financial losses and has been caused great

mental, physical and emotional suffering, all to his loss and damage.

53

Wherefore. Plaintiff, Larry Williams, prays for judgment against Defendants, and each of them, jointly and severally, for his actual damages in an amount presently unknown, but in excess of $25,000, costs incurred in this action and such other and further relief as the Court considers proper. PLAINTIFF DEMANDS A TRIAL BY JURY

THE LAW OFFICES OF STACI M. YANDLE, LLC __~ !---f·X+;{~/-~-~-'·~··· • _ ------;-,.i ~ BY·.---"-!--,-L~~"t-~""'~~_'~·'- ,t,,- _"_~f_STACIM. YANDLE MO BAR#55347 JAMIE L. BRACEWELL MO BAR #63659 TARA L. GIBBONS MO BAR #58446 1 Eagle Center, Suite 3A O'Fallon, IL 62269 Phone: 618/394-9600; Fax: 618/622-9602 syandle@vandlelaw.com ibracewell(ci)yandlelaw. com tgibbol1s@yandlelaw.com ATTORt"JEYS FOR PLAINTIFFS
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