IN THE CIRCUIT COURT FOR HAMILTON COUNTY, TENNESSEE MICHELLE CONNER and ) MARK CONNER ) ) no. 0C 10796 Plaintiffs ) ) 2 v. ) DIVISION < ) JEFF GANN, JEFF RIHN and THE CITY ) OF SODDY DAISY, TENNESSEE ) JURY DEMAND ) Defendants ) COMPLAINT Your Plaintiffs, Michelle Conner and Mark Conner, sue the Defendants, Jeff Gann, Jeff Rihn, and the City of Soddy Daisy, Tennessee, and for their cause of action would allege the following: 1 On or about October 27, 2019, Christina Conner, the daughter of Michelle Conner and Mark Conner, was riding as a passenger in a vehicle driven by Kyle Carson, I. As Kyle Carson was travelling south on Dayton Pike in Hamilton County, Tennessee, he lost control of the vehicle he was driving, crossed the center line, and struck a concrete barrier. After striking the concrete barrier, the car spun multiple times before coming to rest in a ditch on the right side of the road. During this time, Christina Conner was severely injured and her injuries led to her death shortly thereafter. Page 1 of 7TIL. Soddy Daisy Police Officer Jerry Workman was the Soddy Daisy Police officer in charge of traffic investigations and was the only Soddy Daisy Police officer certified as a traffic, investigator. He therefore went to the scene of the crash to take charge of the investigation. IV. Greg Carson, the father of Kyle Carson, the driver of the automobile, is a Hamilton County Sheriff's Deputy who patrols the Soddy Daisy area and is friends with Jeff Gann, the Soddy Daisy Chief of Police and with Jeff Rihn Vv Instead of allowing Officer Workman to control the investigation, Chief of Police Gann called Officer Jeff Rihn to go to the scene, At the time, Officer Rihn was on probation for several offenses, was limited to desk duty, was not even supposed to wear a Soddy Daisy police uniform, and was not supposed to be in a patrol car, Under the direction of Chief of Police Gann, Officer Rihn became the chief investigating officer VL Officer Ribn, or someone at his direction, called Greg Carson from the scene to notify him of the crash VIL Although it is not certain what Officer Workman was asked to do that Officer Workman felt was inappropriate, Officer Workman, the most qualified person in the Soddy Daisy Police Department to handle this investigation, took himself off the case. This information will be developed during discovery. Page 2 of 7VIL Kyle Carson was taken to Erlanger Hospital, Officer Rin had a warrant to draw blood from Kyle Carson as Kyle Carson had admitted to several Soddy Daisy police officers on the scene that he had been drinking alcohol. It was also obvious from his breath and actions that he had been drinking alcohol and was impaired IX, Defendant Rihn was also a friend of Greg Carson and, even though it was his responsibility as the person in charge of obtaining the blood of Kyle Carson and his responsibility for maintaining it in his possession and getting it to the Soddy Daisy Police Department to log it in as evidence, he never took any blood to the Soddy Daisy Police Department or logged it in for evidence. The blood would show the blood alcohol level in Kyle Carson’s blood. It was also not tested at the hospital. x Shortly thereafter, Greg Carson told several people at the hospital that Kyle Carson could not be prosecuted since there was no blood to test XI Officer Rihn also had dashcam video which has now disappeared XIL ‘There were numerous commercial establishments along the road travelled by Kyle Carson that would have had video footage of his driving. These commercial establishments would have their video taped over for reuse every two weeks at most. Officer Rihn waited two weeks and one day to attempt to obtain this video footage Page 3 of 7XL. There were three males who were first on the scene after the crash, They called 9-1-1 after seeing the situation. None of these individuals have been interviewed by Officer Rihn or anyone else in the Soddy Daisy Police Department. ‘XIV. In spite of the fact that the registration of the car showed the vehicle was registered at the address of the Plaintiffs, no family member was contacted by the Soddy Daisy Police Department for 15 days, XV. The vehicle, in hitting the bridge, caused substantial damage to the bridge. The bridge ‘was repaired three days later, This repair was done even before the funeral of Christina Carson. This repair prevented the damages from being used in evidence by an accident reconstructionist. XVI ‘There were also numerous witnesses at a party that could testify about Kyle Carson’s drinking alcohol at that party. None of these people were interviewed by the Soddy Daisy Police Department XVIL At all times described herein, Jeff Gann and Jeff Rihn were employees of the City of Soddy Daisy, Tennessee and were acting within the course and scope of their employment XVII, The Defendants participated in a conspiracy and took actions to aid Kyle Carson from being convicted of a criminal offense since he was driving a vehicle while intoxicated, was Page 4 of 7clearly driving recklessly, was driving under the influence, and his violations of the law proximately caused the death of Christina Conner. XIX. Chief Gann had known Michelle Conner for years. The police officers of Soddy Daisy also knew Christina Conner, as she was a volunteer firefighter in Soddy Daisy for the Soddy Daisy and Sequoyah areas. The Defendants knew that the tragic death of the daughter of the Plaintif{S would be a horrible event in their lives and that it would be important for the Plaintiffs to know what really happened and to believe that justice was done, The Defendants knew their actions would cause serious and severe mental anguish to the Plaintiffs, XX, Plaintiffs allege that the Defendants conspired to defraud the Plaintiffs and the public in their attempt to accomplish the unlawful purpose of concealing evidence to help the son of a friend and fellow officer. XXL. ‘The Plaintiffs further allege that the Defendants are guilty of constructive fiaud to violate confidence in the trustworthiness of the Soddy Daisy Police Department, and to the pul violate the confidence of the Plaintiffs in the trustworthiness of the Soddy Daisy Police Department. XXIL Plaintiffs further allege that the Defendants are guilty of negligent infliction of emotional 1n of emotional distress, and reckless infliction of emotional distress. distress, intentional infli ‘The Defendants knew that their actions in covering up evidence would cause severe harm to the Plaintifi's. The actions of the Defendants did cause severe emotional distress and mental pain and Page 5 of 7suffering on the part of the Plaintiffs. Both parties have sought medical attention through therapy and doctor’s writing prescriptions to help the Plaintiffs cope with this situation. XXIL The City of Soddy Daisy has control over the Soddy Daisy Police Department and its officers who are employees and agents of the City of Soddy Daisy, Tennessee. The City of Soddy Daisy has allowed the actions of their officers to violate the publie’s trust in the department and the public’s confidence in the department as well as the Plaintiffs’ trust and confidence in the department. Prior actions of Defendants Gann and Rihn should have caused them to be fired, or at least not be placed in charge of the investigation involving the son of their friend and deputy police officer who patrols the Soddy Daisy area for the Hamilton County Sheriff's Department. XXIV, Plaintiffs further allege that the Defendants are guilty of negligence and gross negligence amounting to willful and wanton conduct XXV, Plaintiffs allege that the actions of the Defendants amount to outrageous conduct which should not be tolerated by a civilized society. The conduct of the Defendants caused serious mental injury to both Plaintiffs XXVL Plaintiffs allege that it was foreseeable that the actions of the Defendants would cause emotionally painful experiences to the Plaintiffs Page 6 of 7XXVIL ‘The actions of the Defendants amount to reckless misconduct or willful and wanton misconduct which shows a conscious disregard for the safety and wellbeing of others XXVIII Each Plaintiff suffered loss of consortium of the other Plaintiff WHEREFORE, Plaintiff Michelle Conner sues the Defendants for $750,000 in compensatory damages and $1,500,000 in punitive damages, and Plaintiff Mark Conner sues the Defendants for $750,000 in compensatory damages and $1,500,000 in punitive damages. Both Plaintiffs demand a jury to try the issues when joined BERKE, BERKE & BERKE By: Attorneys for 420 Frazier Avenue Post Office Box 4747 Chattanooga, Tennessee 37405 (423) 266-5171 - Telephone (423) 265-5307 - Facsimile ronnie@berkeattys.com Page 7 of 7