The First Church Heights in Harris County, Texas has been sued because one of its agents has allegedly sexually children at the church while in the care of the church. Below is thee petition that was filed.
CAUSE NO. ——-
IN THE DISTRICT COURT OF
V.
FIRST CHURCH HEIGHTS AND CARL DAVID HARRISON,
PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, XXXXXX (“PLAINTIFF”) complaining of FIRST CHURCH HEIGHTS and CARL DAVID HARRISON (collectively “DEFENDANTS”), and files this Plaintiff’s Original Petition and Request for Disclosure and for cause(s) of action would show this Honorable Court the following:
I. PARTIES
PLAINTIFF is an individual who resided in Texas at the time the cause of action accrued.
Defendant, CARL DAVID HARRISON, (“HARRISON”), is an individual who resided in Harris County at the time the cause of action accrued, and may be served with process at, his place of business at 201 EAST STREET, HOUSTON, TX 77007, or wherever he may be found.
Defendant, FIRST CHURCH HEIGHTS, (“CHURCH”), a Texas corporation organized in and doing business in the State of Texas, may be served with process by
serving its Director, ED MURRELL, at his place of business at 201 EAST grH STREET, HOUSTON, TX 77007, or wherever he may be found.
II. VENUE & JURISDICTION
Pursuant to Section 15.002 of the Texas Civil Practice & Remedies Code, venue is proper in Harris County, Texas, because all or a substantial part of the events or omissions giving rise to the claim occurred in Harris County. The amount in controversy is within the jurisdictional limits of this Court. Removal of this case to federal court would be improper, because diversity of citizenship does not exist (no diversity jurisdiction), and no federal question exists (no federal question jurisdiction).
Ill. DISCOVERY LEVEL
PLAINTIFF requests that discovery in this case be governed at the level 3 category pursuant to Texas Rule of Civil Procedure 190.4 (Discovery Control Plan-Level 3).
IV. FACTUAL BACKGROUND
It has become necessary to bring this cause of action because of injuries and damages sustained by PLAINTIFF as the result of sexual abuse that CARL DAVID HARRISON inflicted on PLAINTIFF’s minor children on or around June 2017, while in the course and scope of his employment and/or agency with CHURCH. As a result of DEFENDANTS’ assault, battery, offensive physical contact and/or negligence, PLAINTIFF suffered severe injuries and damages.
CAUSES OF ACTION:
- NEGLIGENCE
PLAINTIFF incorporates all other paragraphs of this Plaintiff’s Original Petition as if fully set-out herein. The occurrence made the basis of this lawsuit and PLAINTIFF’s
resulting injuries and damages were directly and proximately caused by the negligent conduct of DEFENDANTS.
DEFENDANTS’ said negligent acts and/or omissions include, but are not necessarily limited to, the following:
- Failing to act as reasonable and prudent persons under the same or similar circumstances;
- Failing to exercise ordinary care to protect PLAINTIFF’s minor children from an unreasonable risk of harm;
- Failing to properly train, supervise and/or discipline DEFENDANTS’ employees;
- Failing to implement, follow and/or supervise safety policies and procedures to properly protect the public at large, including PLAINTIFF’s minor children;
- Failing to discipline improper safety policies and procedures, and/or courses of conduct;
- Failing to maintain responsibility in regards to protecting the safety of patrons, including PLAINTIFF’s minor children; and
- Failing to protect PLAINTIFF’s minor children from imminent assaultive conduct.
PLAINTIFF will show that each of DEFENDANTS’ foregoing negligent acts and/or omissions was a separate and distinct act or omission of negligence, and each was a direct and proximate cause of the injuries and damages suffered by PLAINTIFF herein.
VI. SEXUAL ASSAULT AND BATTERY
PLAINTIFF incorporates by reference, as if fully set-out herein, all allegations and assertions in the foregoing paragraphs.
When Defendant HARRISON committed the sexual assault and battery of PLAINTIFF’s minor children, while in the course and scope of his employment and/or agency with Defendant CHURCH, HARRISON acted intentionally, knowingly and/or
recklessly. HARRISON repeatedly contacted PLAINTIFF’s minor children’s bodies in a highly-offensive and sexual manner, and such contact caused PLAINTIFF’s minor children severe bodily injuries and damages.
VII. OFFENSIVE PHYSICAL CONTACT
PLAINTIFF incorporates by reference, as if fully set-out herein, all allegations and assertions in the foregoing paragraphs.
When Defendant HARRISON committed the sexual assault and battery of PLAINTIFF’s minor children, while in the course and scope of his employment and/or agency with Defendant CHURCH, HARRISON acted intentionally, knowingly and/or recklessly. HARRISON repeatedly contacted PLAINTIFF’s minor children’s bodies in a highly-offensive and sexual manner, and such contact caused PLAINTIFF’s minor children severe bodily injuries and damages. Defendant HARRISON knew, or should have known, that PLAINTIFF’s minor children would regard the sexual contact as highly offensive.
VIII. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
PLAINTIFF incorporates by reference, as if fully set-out herein, all allegations and assertions in the foregoing paragraphs.
When Defendant HARRISON committed the sexual assault and battery of PLAINTIFF’s minor children, while in the course and scope of his employment and/or agency with Defendant CHURCH, HARRISON acted intentionally, knowingly and/or recklessly. Defendant HARRISON’s conduct was extreme and outrageous and proximately caused PLAINTIFF’s children severe emotional distress.
IX. RESPONDEAT SUPERIOR
Pleading further, PLAINTIFF will show that Defendant CHURCH is liable to PLAINTIFF under the doctrine of respondeat superior in that Defendant HARRISON was acting as an employee, agent or representative of Defendant CHURCH and/or acting within the course and scope of his employment and/or agency with Defendant CHURCH at the time of the negligent acts and/or omissions made the basis of this lawsuit.
X. JURY DEMAND
PLAINTIFF hereby demands a trial by jury.
XI. REQUEST FOR DISCLOSURE TO DEFENDANTS
Pursuant to Texas Rule of Civil Procedure 194, DEFENDANTS are requested to disclose the information and material described in Rule 194.2 within fifty (50) days of the service of this Plaintiff’s Original Petition and Request for Disclosure on DEFENDANTS.
XII. INJURIES AND DAMAGES
As a direct and proximate result of the above-described acts and/or omissions of negligence, sexual assault, battery, offensive physical contact and/or intentional infliction of emotional distress by DEFENDANTS, PLAINTIFF will show that she sustained actual damages within the jurisdictional limits of this Court. Specifically, PLAINTIFF’s damages are as follows:
- Physical pain and mental anguish in the past and future;
- Reasonable and necessary cost of medical care and treatment in the past and future;
- Physical impairment and disfigurement in the past and future;
- Lost wages in the past;
- Lost earning capacity in the future;
- Pre-judgment and post-judgment interest;
- All other special items of damage necessarily incurred as a result of DEFENDANTS’ negligence; and
- Monetary relief in excess of $1,000,000.00.
PLAINTIFF’s children have suffered physical pain and suffering, anxiety, humiliation, fear, embarrassment, mental anguish and emotional distress, and will continue to suffer into the future. PLAINTIFF seeks all relief and remedies available for such injuries, including but not limited to recovery of PLAINTIFF’s actual damages as well as any statutorily-allowed damages.
Additionally, to the extent that DEFENDANTS, as alleged herein, acted intentionally, with malice, with conscious indifference to the rights, welfare or safety of PLAINTIFF’s minor children, or engaged in other aggravated, outrageous or morally culpable conduct, PLAINTIFF seeks the imposition of exemplary or punitive damages against DEFENDANTS as allowed by applicable law.
XIII. RULE 193.7 NOTICE
Pursuant to Texas Rule of Civil Procedure 193.7, PLAINTIFF hereby gives actual notice to DEFENDANTS that any and all documents produced may be used against DEFENDANTS at any pre-trial proceeding, and/or at trial of this matter, without the necessity of authenticating the documents.
XIV. MISNOMER/MISIDENTIFICATION
In the event any party or parties are misnamed, or are not included herein, it is PLAINTIFF’s contention that such was a “misidentification” or a “misnomer” of parties named herein.
XV. CONDITIONS PRECEDENT
All conditions precedent to DEFENDANTS’ liability have either been performed or have occurred.
XVI. SPOLIATION NOTICE
DEFENDANTS are hereby put on notice that all documents and tangible things that are relevant or related to the above-described incident(s) made the basis of this lawsuit, the matters at issue or addressed in this pleading or DEFENDANTS’ responsive pleadings thereto, or which may be reasonably calculated to lead to the discovery of admissible evidence relating to any and all such matters, shall be preserved by DEFENDANTS and not destroyed, despite any applicable document retention/destruction policy. PLAINTIFF will seek all available legal remedies, relief and sanctions for any and all such items which are not preserved or which have been destroyed.
XVII. PRAYER
WHEREFORE, PREMISES CONSIDERED, PLAINTIFF prays this court cite DEFENDANTS to appear and answer herein and that PLAINTIFF have judgment taken against DEFENDANTS, jointly and severally, and recover all damages allowed by law, pre-judgment and post-judgment interest as allowed by law, costs of court and all other relief, both general and special, at law or in equity, to which PLAINTIFF may be justly entitled.