IN THE COURT OF COMMON PLEAS

EIGHTH JUDICIAL CIRCUIT

COUNTY OF SPARTANBURG
Kala Brown,

C.A. No.: 2016-CP-42-________

Plaintiff,
COMPLAINT
(JURY TRIAL DEMANDED)

vs.
Todd Kohlhepp,
Defendant.

The Plaintiff, by and through her undersigned attorneys, would respectfully show unto
the court as follows:
I.
That Plaintiff Kala Brown (hereinafter referred to as Miss Brown), is a citizen and
resident of the County of Anderson, State of South Carolina.
II.
That Defendant Todd Kohlhepp, upon information and belief, is a citizen and resident of
the County of Spartanburg, State of South Carolina. At the time of the incidents complained of
herein, Defendant owned property near Woodruff, in the County of Spartanburg, South Carolina.
III.
That jurisdiction and venue are proper within this Court.
IV.
That on or about August 31, 2016, Miss Brown, was at the Defendants Spartanburg
County property for the purpose of work that involved cleaning up the property when the
Defendant presented a firearm and took Miss Brown hostage. Thereafter, Defendant chained and
locked her inside a metal shipping container situated on Defendants property.
1

Defendant

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STATE OF SOUTH CAROLINA

period of more than two months. Miss Brown was rescued by Spartanburg County Sheriff
Deputies on November 3, 2016.
FOR A FIRST CAUSE OF ACTION
(Kidnapping/False Imprisonment)
V.
Plaintiff reiterates the allegations previously set forth in this Complaint, as if the same
were repeated herein.
VI.
Through the Defendants actions described herein beginning on or about August 31,
2016, Defendant intentionally kidnapped and confined Miss Brown inside a locked storage
container.
VII.
Miss Brown did not consent to such confinement.
VIII.
That the injuries and damages complained of by Miss Brown were the direct and
proximate result of the negligent, careless, reckless, willful and wanton acts and omissions on the
part of Defendant.
IX.
Miss Brown is informed and believes and therefore alleges that such acts directed
towards her were malicious and belligerent, and the acts were done with a conscious disregard of
Miss Browns right to be free from such tortious behavior, such as to constitute oppression, fraud
or malice and therefore she is entitled to judgment against Defendant for payment of actual
damages in the form of medical expenses, past, present and future, and punitive damages in an
2

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maliciously and intentionally held Miss Brown against her will inside the storage container for a

FOR A SECOND CAUSE OF ACTION

(Assault)
X.
Plaintiff reiterates the allegations previously set forth in this Complaint and the First
Cause of Action, as if the same were repeated herein.
XI.
Through the Defendants actions described herein beginning on or about August 31,
2016, Defendant did intentionally, willfully, wantonly and maliciously threaten to attack Miss
Brown and did so in such a manner as to cause Miss Brown to reasonably believe she was about
to be attacked in a harmful and offensive manner. Due to Defendants prior acts of threats
toward Miss Brown, including, but not limited to, actually hitting and grabbing Miss Brown, a
reasonable person in her situation would have been offended by the threatened, violent touching.
XII.
At no time during the events described herein, nor at any time prior thereto, did Miss
Brown consent to any of Defendants conduct.
XIII.
As a direct and proximate result of Defendants threats, coupled with his ability to carry
them out, Miss Brown felt the imminent apprehension of such contact, and she therefore suffered
severe emotional distress and other injuries to her person.
XIV.
Miss Brown is informed and believes and therefore alleges that such acts directed
towards her were malicious and belligerent, and as such she is entitled to judgment against
Defendant for payment of actual damages in the form of medical expenses, both present and
3

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amount to be determined by a jury.

FOR A THIRD CAUSE OF ACTION

(Battery)
XIV.
Plaintiff reiterates the allegations previously set forth in this Complaint and the previous
causes of action, as if the same were repeated herein.
XVI.
Through the Defendants actions described herein beginning on or about August 31,
2016, Defendant did intentionally, willfully, wantonly and maliciously physically attack Miss
Brown. Due to Defendants harmful and offensive acts, including, but not limited to, actually
striking Miss Browns person and placing her in chains, Miss Brown suffered severe physical
injuries and emotional distress.
XVII.
At no time during the events described herein, nor at any time prior thereto, did Miss
Brown consent to any of Defendants conduct.
XVIII.
As a direct and proximate result of Defendants actions, Miss Brown is informed and
believes and therefore alleges that such acts directed towards her were malicious and belligerent,
and the acts were done with a conscious disregard of Miss Browns right to be free from such
tortious behavior, such as to constitute oppression, fraud or malice and as such she is entitled to
judgment against Defendant for payment of actual damages in the form of medical expenses,
both present and future, and punitive damages in an amount to be determined by a jury.

FOR A THIRD CAUSE OF ACTION

4

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future, and punitive damages in an amount to be determined by a jury.

XIX.
Plaintiff reiterates the allegations previously set forth in this Complaint and the previous
causes of action, as if the same were repeated herein.
XX.
Miss Brown is informed and believes and therefore alleges that such acts of Defendant
were intentional, extreme, and outrageous. Miss Brown is further informed and believes and
therefore alleges that such actions were done with the intent to cause serious emotional distress
or with reckless disregard of the probability of causing her serious emotional distress.
XXI.
As a direct and proximate result of Defendants actions, Miss Brown is informed and
believes and therefore alleges that she is entitled to judgment against Defendant for payment of
actual damages in the form of medical expenses, both present and future, and punitive damages
in an amount to be determined by a jury.
FOR A FOURTH CAUSE OF ACTION
(Negligence)
XXII.
Plaintiff reiterates the allegations previously set forth in this Complaint and the previous
causes of action, as if the same were repeated herein.
XXIII.
On or about August 31, 2016, Defendant negligently, carelessly, recklessly, and wantonly
caused injury to Miss Brown in that among other things: Defendant forcefully kidnapped and
imprisoned her, threatened and actually committed physical assault and battery upon her person,
and intentionally and negligently inflicted severe emotional distress upon her.
5

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(Intentional Infliction of Emotional Distress)

As a direct and proximate result of Defendants negligent, careless, reckless, and wanton
actions, Miss Brown is informed and believes and therefore alleges that she is entitled to
judgment against Defendant for payment of actual damages in the form of medical expenses,
both present and future, and punitive damages in an amount to be determined by a jury.
WHEREFORE, having fully set forth her causes of action against Defendant, Plaintiff
prays as follows:
1)

For actual damages incurred by Miss Brown to include, but not limited to, past,
present and future medical expenses;

2)

For punitive and exemplary damages in an amount to be determined by a jury;

3)

For attorney fees and suit costs;

4)

For such other and further relief as the Court may deem just and proper.
BANNISTER, WYATT & STALVEY, LLC
s/Alex R. Stalvey
SC Bar No. 71739
s/James W. Bannister
SC Bar No. 8895
401 Pettigru Street (29601)
P. O. Box 10007 (29603)
Greenville, South Carolina
Phone: (864) 298-0084; Fax: (864) 298-0146
GLEATON WYATT, P.A.
s/David S. Wyatt
S.C. Bar No.: 9782
935 S. Main Street, Ste. 203
Greenville, SC 29601
Phone: (864) 250-9780; Fax: (864) 250-9784
Wyatt@SEBlawfirm.com
Attorney for Plaintiff

November 30, 2016

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XXIV.

IN THE COURT OF COMMON PLEAS

COUNTY OF SPARTANBURG

SEVENTH JUDICIAL CIRCUIT

Kala Brown,

C.A. No.: 2016-CP- 42- ____

Plaintiff,
SUMMONS
vs.
(Jury Trial Demanded)

Todd Kohlhepp,
Defendant.
To:

The Defendant(s) Above Named:

You are hereby summoned and required to answer the Complaint in this action, a copy of
which is herewith served upon you, and to serve a copy of your answer to the Complaint upon
the subscriber at 401 Pettigru Street, Greenville, SC 29603, within thirty (30) days after the
service hereof, exclusive of the day of such service. If you fail to answer the Complaint within
that time, a judgment by default will be rendered against you for the relief demanded in the
Complaint.
BANNISTER, WYATT & STALVEY, LLC
s/Alex R. Stalvey
SC Bar No. 71739
s/James W. Bannister
SC Bar No. 8895
401 Pettigru Street (29601)
P. O. Box 10007 (29603)
Greenville, South Carolina
Phone: (864) 298-0084; Fax: (864) 298-0146
Attorneys for Plaintiff

November 30, 2016

GLEATON WYATT, P.A.

s/ David S. Wyatt
SC Bar No. 9782
935 S. Main Street
Greenville, SC 29601
Phone: (864) 250-9780; Fax: (864) 250-9784
Attorney for Plaintiff

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STATE OF SOUTH CAROLINA