RETURN DATE: APRIL 3, 2012

SUPERIOR COURT J.D. OF FAIRFIELD

BARBARA SPERANZA, PERSONAL REPRESENTATIVE : AND EXECUTRIX OF THE ESTATE OF ROBERT : SPERANZA AND BARBARA SPERANZA, INDIVIDUALLY : v. :

AT BRIDGEPORT

STEWART STEW LEONARD SR., THOMAS P. LEONARD AND CARPE DIEM THREE, LLC COMPLAINT COUNT ONE: NEGLIGENCE/UNSEAWORTHYNESS 1.

MARCH 7, 2012

This wrongful death action is brought pursuant to General Statutes 52-555,

and/or Florida Stat. Ann. 768.16, et seq. and/or maritime wrongful death law to vindicate the death of Robert Speranza and the loss of consortium and support suffered by his wife, Barbara Speranza, and to punish the defendants Stewart Stew Leonard Sr., Thomas P. Leonard and Carpe Diem Three, LLC, operating through their agents, servants, joint venturers and coconspirators, including Martijn Haasdijk (collectively Stew Leonard defendants), through the imposition of punitive damages, as a consequence of negligent and reckless operation of Stew Leonards personally designed and custom-made Stews Special offshore 70 foot power boat during claimed tumultuous seas near the Caribbean island of Tortola on August 16, 2011. During the voyage, the Stew Leonard defendants through their agents and/or employees, operated the vessel recklessly and/or negligently, in dangerous seas at high speed, causing

Robert Speranza to be violently thrown about inside the boat and ultimately ejected from the craft, causing his death. 2. On September 15, 2011, the Probate Court in Dade County Florida appointed

Barbara Speranza as the Personal Representative/Executrix of the Estate of her deceased husband, Robert Speranza. See Appointment attached as Exhibit A. 3. Just prior to Robert Speranza being ejected, one or more of the Stew Leonard

defendants operated, mastered and/or captained, the power boat at a high rate of speed through waters known, or which should have been known to be dangerous, as a consequence of the small craft advisory/warning that had been issued and/or the uncertainly and difficulty inherent in navigating the course chosen by one or more of the Stew Leonard defendants from Saint Maarten to the United States Virgin Islands. 4. The head and spinal injuries, blunt force trauma and ejection from the craft and

death of Robert Speranza, were the direct and proximate result of the carelessness and/or negligence of the Stew Leonard defendants in one or more of the following ways: a) b) c) d) they operated Stews Special too fast for conditions; they failed to properly control Stews Special; they failed to keep a proper lookout whist operating Stews Special; they operated Stews Special unreasonably given the weather conditions, small craft advisory/warning, tidal and waterway configurations and circumstances;

e) f) 5.

they improperly designed, modified, or prepared Stews Special; and, they operated Stews Special in an unseaworthy condition.

As a result of the above-mentioned tortuous activity, Robert Speranza suffered

severe brain, head and spinal injuries and blunt force trauma before being ejected at high speed into the seas, ante-mortem pain and suffering, and death. 6. As a further result, Robert Speranzas ability to carry on and enjoy life's activities

was completely destroyed, as was his capacity to earn money and he lost all of his net accumulations. COUNT TWO: RECKLESSNESS AND PUNITIVE DAMAGES: 1. This wrongful death action is brought pursuant to General Statutes 52-555,

and/or Florida Stat. Ann. 768.16, et seq. and/or maritime wrongful death law to vindicate the death of Robert Speranza and the loss of consortium and support suffered by his wife, Barbara Speranza, and to punish the defendants Stewart Stew Leonard Sr., Thomas P. Leonard and Carpe Diem Three, LLC, operating through their agents, servants, joint venturers and coconspirators, including Martijn Haasdijk (collectively Stew Leonard defendants), through the imposition of punitive damages, as a consequence of reckless operation of Stew Leonard Sr.s personally designed and custom made Stews Special offshore 70 foot power boat during claimed tumultuous seas near the Caribbean island of Tortola on August 16, 2011. During the voyage, the Stew Leonard defendants through their agents and/or employees, operated the

vessel recklessly, in dangerous seas at high speed, causing Robert Speranza to be violently thrown about inside the boat and ultimately ejected from the craft, causing his death. 2. On September 15, 2011, the Probate Court in Dade County Florida appointed

Barbara Speranza as the Personal Representative of the Estate of her deceased husband, Robert Speranza. See Appointment attached as Exhibit A. 3. Just prior to Robert Speranza being ejected, one or more of the Stew Leonard

defendants operated, mastered and/or captained, the power boat at a high rate of speed through waters known, or which should have been known to be dangerous, as a consequence of the small craft advisory/warning that had been issued and/or the uncertainly and difficulty inherent in navigating the course chosen by one or more of the Stew Leonard defendants from Saint Maarten to the United States Virgin Islands. 4. The injuries, ejection from the craft and death of Robert Speranza, were the

direct and proximate result of the recklessness of the Stew Leonard defendants in one or more of the following ways: a) b) c) they knowingly operated Stews Special too fast for conditions; they knowingly failed to properly control Stews Special; they knowingly failed to keep a proper lookout whilst in control of Stews Special; d) they knowingly operated Stews Special unreasonably given the weather conditions, small craft advisory/warning, tidal and waterway configurations

and circumstances, in particular deciding to embark on a 300+ mile round trip through the Caribbean Sea while a severe storm was approaching and boating warnings and advisories had been issued; e) f) 5. they improperly designed, modified, or prepared Stews Special; and, they knowingly operated Stews Special in an unseaworthy condition.

As a result of the above-mentioned tortuous activity, Robert Speranza suffered

severe brain, head and spinal injuries and blunt force trauma before being ejected at high speed into the seas, ante-mortem pain and suffering, and death. 6. As a further result, Robert Speranzas ability to carry on and enjoy life's activities

was completely destroyed, as was his capacity to earn money and he lost all of his net accumulations. 7. As a consequence of the foregoing the Stew Leonard defendants are liable to the

plaintiffs for punitive damages. COUNT THREE: LOSS OF CONSORTIUM: 1. 2. Counts One and Two are incorporated by reference within this Count Three. As a result of the death of her husband, Robert Speranza, Barbara Speranza has

endured and will endure pain, suffering and loss and has been deprived of his love, affection, consortium and services and claims compensatory and punitive damages for that deprivation by the Stew Leonard defendants.

WHEREFORE, PLAINTIFFS CLAIM MONEY DAMAGES, INCLUDING COMPENSATORY AND PUNITIVE DAMAGES FROM THE STEW LEONARD DEFENDANTS.

THE PLAINTIFFS,

By:______________________________ Joel T. Faxon, Esq. STRATTON FAXON Trial Lawyers, LLC 59 Elm Street New Haven, CT 06510 Juris No.: 421593 Telephone: (203) 624-9500 Fax: (203) 624-9100 jfaxon@strattonfaxon.com www.strattonfaxon.com

By:______________________________ Richard T. Meehan, Esq. MEEHAN, MEEHAN AND GAVIN, LLP 76 Lyon Terrace Bridgeport, CT 06604 Juris No.: 101342 Telephone: (203) 333-1888 Fax: (203) 337-0107 rtm@meehanlaw.com www.meehanlaw.com