posted: Wednesday, Aug 26 12:00am

Maricopa County Justice Courts, State of Arizona Highland Justice Court 55 E Civic Center Drive Gilbert, AZ 85296 CASE NUMBER: Plaintiff(s) David C. Russell 461 W. Holmes Ave #158 Mesa, AZ 85210 (602) 670-5124 Defendant(s) The Statutory Agent / Corporate Officer to be served are: Sears, Roebuck and Co C/O CT Corporation (Statutory Agent) 208 S. La Salle Street Chicago, IL 60604 (312) 345-4320 Comes now the plaintiff David C. Russell in this action to allege and state as follows: On August 11, 2009 the Plaintiff took his 2008 Kia Sorento to the defendant’s automotive dept. known as Sears Auto Center located at 1425 W. Southern Ave in the city of Mesa Arizona for an oil change. Plaintiff received a phone call one hour later explaining that the vehicle service had been completed and that his vehicle was ready for pickup. When plaintiff arrived to retrieve his vehicle he was informed by the defendant’s employees that they had damaged the plaintiff’s vehicle. Apparently the defendant’s employee disengaged a high pressure air hose from a piece of shop equipment that struck the right side passenger door of plaintiff’s vehicle that was purchased January 09, 2009 new, and at the time of loss had 4,259 original miles on the vehicle.(please see exhibit A,B) Defendant’s agent/employee Mr. Mike Layton explained to plaintiff that if he took his vehicle to a auto body repair shop that the defendant would pay for the repair of said vehicle (see plaintiffs attached exhibit A) Plaintiff as directed at the request of the defendant did take said vehicle to a BBB certified collision repair shop the same day and received an estimate of 1,603.64 that included the cost of a rental vehicle (See plaintiffs exhibit B) the estimate was faxed to the defendants the same day. On August 11, 2009 shortly after the facsimile estimate was sent to defendants, the plaintiff received a telephone call from a person claiming to be from the defendant’s loss prevention department. Mr. Jones explained that the defendant would offer a settlement of $150.00 and that “is all the company is liable for.” Plaintiff advised the defendant that the “settlement offer” would be unacceptable. Mr. Jones then asked that the plaintiff submit the following information if plaintiff decided to take the claim further. A copy of plaintiffs birth certificate, copy of drivers license, vehicle registration, copy of any and all loan papers on vehicle, copy of plaintiffs credit report, copy of plaintiffs driving record for the past five years, copy of plaintiffs social security card and the name and address of plaintiffs employer. When asked by the plaintiff why defendant would need such extensive information the defendants agent explained that a complete background check would be required if plaintiff decided to take the claim to the next level. Plaintiff due to the sensitive information requested did deny the request of the defendant’s agent and was told that the defen