ROBERT B.

SYKES (#3180)
bob@sykesmcallisterlaw.com
SYKES MCALLISTER LAW OFFICES, PLLC
311 South State Street, Suite 240
Salt Lake City, Utah 84111
Telephone No. (801) 533-0222
Attorney for Plaintiff

THIRD JUDICIAL DISTRICT COURT OF SALT LAKE COUNTY

STATE OF UTAH

)
KIERSTEN PYKE, ) COMPLAINT
) & JURY DEMAND
Plaintiff, ) (Tier 3)
)
vs. )
) Case No. ______________
TOM SIZEMORE, )
) Judge _________________
Defendant. )
)

Plaintiff, by and through her undersigned counsel of record, hereby

complains and alleges for causes of action against Defendant as follows:

JURISDICTION AND VENUE

1. The acts upon which this Complaint are based occurred in Salt Lake

County, State of Utah.

2. Plaintiff resides in Salt Lake County.

3. Defendant, Tom Sizemore (“Sizemore”), is currently believed to

reside in the State of California, but is believed to have resided in Utah from time to

time.
 4. Sizemore resided in Utah at the time the offenses were committed,

of which complaint is herein made.

5. The actions of Sizemore and the abuse he committed occurred in

Salt Lake County, State of Utah.

6. Pursuant to Article VIII, §5, Utah Constitution, and Utah Code

Ann. §78A-5-102, this Court has jurisdiction over this case.

7. The amount of controversy herein exceeds $300,000, exclusive of

interest and costs. Pursuant to Rule 26(c)(3) of the Utah Rules of Civil Procedure, the

case should be designated a Tier 3 case.

PARTIES

8. Plaintiff Kiersten Pyke ("Kiersten" or "Pyke") is a citizen of the

United States and a resident of the State of Utah.

9. Defendant Tom Sizemore (“Sizemore”), upon information and

belief, at the time of the offense described, was a resident of Salt Lake County, State of

Utah.

FACTUAL ALLEGATIONS

10. Kiersten Pyke was born in 1991.

11. At an early age, Kiersten was a gifted child actress. In the year 2003,

she was given a part as the daughter of the character played by Tom Sizemore in a movie

known as "Born Killers," which was filmed in Utah.

12. Sizemore played Kiersten's father in the movie.

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 13. At the time of the filming of this movie, Kiersten was 11 years old.

14. A scene in the movie called for Kiersten, who played the Sizemore

character's daughter, to sit on Sizemore's lap, as he was laying down in front of a

Christmas tree.

15. Kiersten sat down on his lap for the filming sequence.

16. For the filming of this scene, Kiersten dressed in a flannel nightgown

and was wearing underpants.

17. While filming the scene, Sizemore put his hand underneath

Kiersten's nightgown, and underneath her underpants.

18. He then placed his finger into her private parts and fondled her.

19. This was done with approximately 20 or more people on the set

watching. See Exhibit 1, Internet Story by The Hollywood Reporter, dated November 13,

2017.

20. Kiersten's mother saw this.

21. Kiersten lost focus and began to cry.

22. Kiersten remembers being "skin on skin" with Sizemore.

23. Kiersten's mother asked her what was wrong and Kiersten said, "I'm

sick."

24. Kiersten then told her mother that the man "Daddy" in the movie

had touched her inappropriately.

25. The police were called and a police report was filed.

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 26. Sizemore was initially fired from the movie.

27. Kiersten's parents met with the producers, who related that they

were compelled to hire Sizemore back, and instead fired Kiersten from the film.

28. An adult actress on the set by the name of RA reported, in

substance, "I was watching and I knew what was happening."

29. The casting director for the movie, KM, was quite upset that a girl

had been molested "on my set."

30. This sexual assault and battery caused enormous damage to Kiersten

Pyke. The following points constitute some of her damages, resulting from the sexual

assault by Sizemore:

a. Kiersten has developed a number of serious mental,

psychological and emotional problems, caused substantially from this event.

b. Kiersten has developed substance addictions and problems

resulting from the sexual assault by Sizemore.

c. She has developed significant trust issues with people,

especially men.

d. She has become co-dependent, believing that "no one saved

me" from this event.

e. She has trouble watching movies where young children are

involved, wondering if that same type of event has happened to those children.

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 f. She has developed substantial post-traumatic stress disorder

as a result of these horrible events.

g. She has developed a condition where she blames herself for

what happened, even though that is totally illogical.

h. She has had several emotional breakdowns, which are

attributable to this incident.

i. She does not sleep very well because intrusive, traumatic

thoughts invade her equanimity and her sleep.

j. She is unstable emotionally because of this event.

k. She has developed a bad relationship with her parents, whom

she has blamed for this event.

l. Kiersten had a failed marriage which was due in significant

part to problems she has carried with her from this sexual assault.

31. Because of the above-mentioned sexual abuse, Kiersten has had a

life-long battle with abuse of alcohol, drugs, and sex.

32. Kiersten turned to these addictions to fill the void that Sizemore left

after he robbed and took Kiersten's innocence at such a young age.

33. The sexual abuse at such a young age was a pivotal time in Kiersten

Pyke's life and impacted every relationship she has ever had.

34. This sexual abuse destroyed Kiersten Pyke's sense of self-worth.

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 35. Kiersten struggles with the pain associated with the aforementioned

sexual abuse on a daily basis.

36. Kiersten has been involved in counseling for her addictions, and has

spent a considerable amount of money in treating them.

37. The relevant provisions of Utah Code Ann. § 78B-2-308 read as

follows:

(3) (a) A victim may file a civil action against a perpetrator for
intentional or negligent sexual abuse suffered as a child at any time.
(b) A victim may file a civil action against a non-perpetrator for
intentional or negligent sexual abuse suffered as a child:
(i) within four years after the person attains the age of 18 years; or
(ii) if a victim discovers sexual abuse only after attaining the age of 18
years, that person may bring a civil action for such sexual abuse within four
years after discovery of the sexual abuse, whichever period expires later.

(6) A civil action may be brought only against a living person who:
(a) intentionally perpetrated the sexual abuse;
(b) would be criminally responsible for the sexual abuse in accordance
with Section 76-2-202; or
(c) negligently permitted the sexual abuse to occur.

Amended by Chapter 379, 2016 General Session (emphasis added).

FIRST CAUSE OF ACTION

~ Liability for Child Sexual Abuse ~

38. Plaintiff realleges and incorporates by reference each of the

allegations contained in all the paragraphs herein, so far as they are relevant.

39. This action is brought pursuant to Utah Code Ann. §78B-2-308(3)

and (6), which provide that a civil action may be brought against a person who

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perpetrated sexual abuse, and the action may be brought for “sexual abuse suffered as

a child at any time.”

40. Pyke was a “victim” of child abuse as defined in U.C.A. 78B-2-

308(2)(h).

41. Sizemore was a “perpetrator” as defined in U.C.A. 78B-2-308(2)(f),

as Sizemore was “an individual who has committed an act of sexual abuse.”

42. At the time of the abuse, Kiersten Pyke was a “child,” as defined in

78B-2-308(2)(a).

43. At the time of the abuse, Sizemore was 41 or 42 years old, having

been born in 1961, and was therefore an adult as defined in the statute.

44. Sizemore molested Kiersten Pyke, as defined in 78B-2-308(2)(d) and

(2)(g), by among other things committing or attempting to commit acts of molestation

and sexual abuse.

45. As a result of the sexual abuse committed by Sizemore, Kiersten has

suffered at least the following damages:

a. Confusion about her sexuality;

b. Difficulty in relationships with men;

c. Life-long problem with post-traumatic stress disorder, arising

from the sexual assault by Tom Sizemore.

d. Life-long battle with addictions, including illegal drug use,

alcohol abuse, and sexual problems;

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 e. Severe negative impact on relationships with men.

f. Destruction of sense of self-worth.

g. Destruction of sense of self-image.

h. Pain and suffering on a daily basis.

i. Spending thousands of dollars on counseling therapy for

addictions.

SECOND CAUSE OF ACTION

~ Under a Disability ~

46. Plaintiff realleges and incorporates by reference each of the

allegations contained in all the paragraphs herein, so far as they are relevant.

47. Plaintiff was sexually abused by Tom Sizemore during the year 2003.

48. Plaintiff has been under a disability for years due to the

consequences of sexual abuse when she was a child in 2003.

49. The disability in question results from failure to recognize the gravity

and consequences of what happened to her, due to the various addictions that resulted

from the abuse.

50. Plaintiff has recently been clean from these addictions, and as a

result, has been able to see and understand the consequences of what happened.

51. Plaintiff has suffered damages from the sexual abuse as set forth

herein.

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 JURY DEMAND

Pursuant to Rule 38(b) of the Utah Rules of Civil Procedure, Plaintiff

hereby demands a trial by jury as to all issues so triable in this matter.

REQUEST FOR RELIEF

Plaintiff prays for judgment against Defendant for damages in excess of

$300,000 as follows:

1. For non-economic damages (pain, suffering, humiliation, etc.) in an

amount to be proven at trial, but no less than $3 million.

2. For economic damages in an amount to be proven at trial, including:

a. Medical bills.

b. Therapy bills.

c. Bills for treatment of addictions.

d. Lost wages.

e. Out of pocket expenses, and

f. Other economic damages.

3. For pre-judgment interest on damages assessed by the verdict of the

jury, pursuant to Utah Code Ann. §78-27-44, as amended.

4. For punitive damages as allowed by law.

5. For costs of court.

6. For additional attorney fees against Defendant, Tom Sizemore, as

may be appropriate and allowable by law.

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 7. For such other and further damages and relief as are just and proper

in the premises, and available under law.

DATED this 7th day of May, 2018.

SYKES McALLISTER LAW OFFICES

/s/ Robert B. Sykes

ROBERT B. SYKES
Attorney for Plaintiff

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