FILED

2/9/2016 10:34:22 AM
JOHN F. WARREN
COUNTY CLERK
DALLAS COUNTY

NOTICE: This Document Contains Sensitive Data.

CAUSE NO.

CC-16-00634-D

CASSANDRA LUSTER,
INDIVIDUALLY and A/N/F OF
DANDRA LUSTER, A MINOR CHILD;
DAMON LUSTER; DESMOND LUSTER
JR., and BEVERLY DIANA LUSTER
Plaintiffs,
vs.
CITY OF DALLAS, AARON
TOLERTON, FJ MANAGEMENT INC.,
FLYING J MANAGEMENT, LLC,
FLYING J TRANSPORTATION, LLC,
and CLYDE REESE MORGAN d/b/a
SELECT SECURITY & PRIVATE
INVESTIGATIONS
Defendants.

IN THE COUNTY COURT

AT LAW NO. ______

DALLAS COUNTY, TEXAS

PLAINTIFFS ORIGINAL PETITION

TO THE HONORABLE JUDGE OF THIS COURT:
COME NOW Plaintiffs, CASSANDRA LUSTER, individually, and a/n/f of DANDRA
LUSTER, a minor child; DAMON LUSTER; DESMOND LUSTER JR.; and BEVERLY
DIANA LUSTER, complaining of Defendants, CITY OF DALLAS; AARON TOLERTON; FJ
MANAGEMENT INC.; FLYING J MANAGEMENT, LLC; FLYING J TRANSPORTATION,
LLC; and CLYDE REESE MORGAN D/B/A SELECT SECURITY & PRIVATE
INVESTIGATIONS, and for causes of action would respectfully show the Court the following:
I. DISCOVERY CONTROL PLAN
1.

Plaintiffs advise the Court and Defendants that the Discovery Control Plan is level 3 and

shall be conducted pursuant to Texas Rule of Civil Procedure 190.4.

II. PARTIES
2.

Plaintiffs Cassandra Luster, DaMon Luster, and Desmond Luster, Jr. are individuals

residing in the city of Dallas, Dallas County, Texas.

3.

DAndra Luster, a minor child, is represented by her mother, Cassandra Luster, as next

friend.
4.

Plaintiff Beverly Diana Luster is an individual residing in the city of Dallas, Dallas

County, Texas.
5.

Defendant City of Dallas is a municipal corporation and political subdivision of the State

of Texas. The City of Dallas may be served with process by serving City Secretary Rosa A. Rios,
at 1500 Marilla Street, Room 5D South, Dallas, Texas 75201.
6.

Defendant Aaaron Tolerton is a citizen of the State of Texas. Service may be made of

Defendant Tolerton pursuant to Texas Rule of Civil Procedure 103 by serving him at his
residence, 1414 Shiloh Road #224, Plano, Texas 75074, or at his place of employment,
American Tool & Fastener, 1331 E. Plano Parkway, Plano, Texas 75074. The last three digits of
Defendant Tolertons drivers license number are 474, and the last three digits of his social
security number are 452.
7.

Defendant FJ Management Inc. is a Foreign Corporation conducting business in this

state. Service of process may be made pursuant to the Texas Business Organizations Code
5.201 by serving FJ Management Inc.s registered agent, 211 E. 7th Street, Suite 620, Austin,
Texas 78701-3218. Defendant FJ Management Inc.s principal place of business and mailing
address are P.O. Box 150310, Ogden, Utah 84415-0310.
8.

Defendant Flying J Management, LLC is a Domestic Limited Liability Company

conducting business in this state. Service of process may be made pursuant to the Texas Business

PLAINTIFFS ORIGINAL PETITION

PAGE 2

Organizations Code 5.201 by serving Flying J Management, LLCs registered agent, Joel C.
Jonas, at 3740 Jeanetta St., Houston, Texas 77063. Defendant Flying J Management, LLCs
principal place of business and mailing address are 1004 Delhi Terrace, Farmington, New
Mexico 87401.
9.

Defendant Flying J Transportation, LLC is a Foreign Limited Liability Company

conducting business in this state. Service of process may be made pursuant to the Texas Business
Organizations Code 5.201 by serving Flying J Transportation, LLCs registered agent, CT
Corporation System at 1999 Bryan St. Suite 900, Dallas, Texas 75201-3136. Defendant Flying J
Transportation, LLCs principal place of business and mailing address are P.O. Box 150310,
Ogden, Utah 84415-0310.
10.

Defendant Clyde Reese Morgan is an individual residing in Texas and doing business in

the State of Texas as Select Security & Private Investigations, a sole proprietorship. Service of
process may be made pursuant to Texas Rule of Civil Procedure 103 by serving Defendant
Morgan at his place of residence, 2490 Wincrest Dr, Rockwall, Texas 75032. The last three
digits of Defendant Morgans drivers license number are 334, and the last three digits of his
social security number are 368.
11.

Plaintiffs request that citation be issued and that the herein named Defendants be required

to appear and answer herein. Plaintiffs also allege that all conditions precedent have been met.
III. VENUE AND JURISDICTION
12.

This Court has subject matter jurisdiction over this lawsuit because the damages sought

are within the jurisdictional limits of this Court. Pursuant to Texas Rule of Civil Procedure 47(c),
Plaintiffs seek monetary relief over $1,000,000.00.

PLAINTIFFS ORIGINAL PETITION

PAGE 3

13.

Venue and jurisdiction are proper in this Court because all or a substantial part of the

events or omissions giving rise to this claim occurred in Dallas County and Plaintiffs damages
are within the jurisdictional limits of this Court. Tex. Civ. Prac. & Rem. Code 15.002(a)(2).
IV. RESPONDEAT SUPERIOR
14.

When reference in this Petition is made to any act(s) or omission(s) by the above named

Defendants, it shall be deemed to mean that the officers, principals, vice principals, directors,
agents, employees, or representatives of the above named Defendants committed or authorized
such act(s) or omission(s), or failed to adequately supervise or properly control or direct their
employees while engaged in the management, direction, operation, or control of the affairs of the
above named Defendants, and did so while acting within the scope of their employment or
agency and in furtherance of the Defendants businesses.
V. SUBJECT MATTER, PERSONAL JURISDICTION & VENUE
15.

This Court has subject matter jurisdiction over this lawsuit because the damages sought

are within the jurisdictional limits of this Court. Pursuant to Texas Rule of Civil Procedure 47(c),
Plaintiffs seek monetary relief over $1,000,000.00.
16.

Pursuant to 15.002, 15.005 of the Civil Practice & Remedies Code, venue is proper in

Dallas County because all or a substantial part of the events giving rise to the claim or claims
occurred in Dallas County.
VI. FACTS SUPPORTING PLAINTIFFS CLAIMS
17.

Late in the evening of February 6, 2015, three individuals (the Burglars) broke into and

burglarized Desmond Lusters (Decedent Desmond Luster), Plaintiff Cassandra Lusters,

Plaintiff Desmond Luster, Jr.s, and DAndra Lusters home at 6756 Shadow Creek Drive,
Dallas, Texas 75241 (the Luster Home).

PLAINTIFFS ORIGINAL PETITION

PAGE 4

18.

Three days later, at approximately noon on February 9, 2015, the same Burglars broke

into and burglarized the Luster Home again. The Luster Home was equipped with a home
security system that alerted Decedent Desmond Luster to the burglary. Decedent Desmond
Luster and his brother, Plaintiff DaMon Luster, responded to the burglary by driving to the
Luster Home in separate vehicles.
19.

Several members of the Luster family, including Plaintiff Beverly Diana Luster, called

911 to report the burglary shortly after Decedent Desmond Luster received notice from the home
security system.
20.

Within approximately fifteen minutes Decedent Desmond Luster arrived at the Luster

Home and encountered the Burglars fleeing from the rear of the Luster Home carrying the Luster
Familys personal items, including jewelry and handguns. No police officers had yet responded
to the 911 emergency calls placed by the Luster Family.
21.

Decedent Desmond Luster pursued the Burglars in his vehicle by driving away from the

Luster Home towards the 6600 Block of Bonnie View Rd.

22.

Plaintiff DaMon Luster followed in his vehicle shortly after Decedent Desmond Luster,

traveling in the same direction as Decedent Desmond Luster towards the 6600 Block of Bonnie
View Rd.
23.

Decedent Desmond Luster encountered the Burglars as they traveled south on Bonnie

View Rd. from the 6600 Block towards the Flying J Truckstop located at 7425 Bonnie View Rd.,
Dallas, TX 75241.
24.

Defendant Aaron Tolerton, an off-duty Dallas Police Officer working as a security guard

for Defendants FJ Management Inc.; Flying J Management, LLC; Flying J Transportation, LLC;
and Clyde Reese Morgan d/b/a Select Security & Private Investigations, responded to the 911

PLAINTIFFS ORIGINAL PETITION

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emergency. Defendant Tolerton parked his vehicle with the emergency lights on facing
northbound in the western-most southbound lane of Bonnie View Rd.
25.

Defendant Tolerton encountered and detained one of the Burglars in the grass on the west

side of Bonnie View Rd. on the property of Defendants FJ Management Inc.; Flying J
Management, LLC; and Flying J Transportation, LLC.
26.

Aaron Tolerton then encountered Decedent Desmond Luster driving his vehicle

southbound on Bonnie View Rd., in one of the southbound lanes, from the 6600 Block towards
the Flying J Truckstop. Defendant Tolerton opened fire with his handgun on Decedent Desmond
Lusters vehicle.
27.

In an effort to avoid the bullets fired by Defendant Tolerton, Decedent Desmond Luster

steered his vehicle west off Bonnie View Rd. onto the grass on the property of Defendants FJ
Management Inc.; Flying J Management, LLC; and Flying J Transportation, LLC. Decedent
Desmond Lusters vehicle came to rest after crashing into a chain link fence on the property of
Defendants FJ Management Inc.; Flying J Management, LLC; and Flying J Transportation, LLC.
28.

Defendant Tolerton continued to fire his weapon after Decedent Desmond Lusters

vehicle left the Bonnie View Rd. roadway. Defendant Tolerton fired at least 14 shots at Decedent
Desmond Lusters vehicle, including several into the side of Decedent Desmond Lusters
vehicle. One of the bullets fired by Defendant Tolerton entered the drivers side door of
Decedent Desmond Lusters vehicle and struck Decedent Desmond Luster behind the midline of
the left side of his ribcage. The bullet traveled from Decedent Desmond Lusters back to his
front and through his midsection, piercing his heart, and causing massive injuries and internal
bleeding.

PLAINTIFFS ORIGINAL PETITION

PAGE 6

29.

The detained Burglar fled the scene when Defendant Tolerton opened fire on Decedent

Desmond Lusters vehicle. The previously detained Burglar remains unidentified and apparently
at large.
30.

Defendant Tolerton removed Decedent Desmond Luster from his vehicle and placed him

in handcuffs. Defendant Tolerton did not immediately perform first aid on Decedent Desmond
Luster.
31.

Shortly thereafter, Plaintiff DaMon Luster showed up on the scene in his vehicle, exited

his vehicle, and approached Defendant Aaron Tolerton and Decedent Desmond Luster. Plaintiff
DaMon Luster asked about the whereabouts of the three Burglars. Decedent Desmond Luster
responded that the Burglars had fled southbound towards the Flying J.
32.

Defendant Tolerton refused to pursue the Burglars and refused to allow DaMon Luster to

pursue the Burglars. Despite being aware that Decedent Desmond Luster had been shot by one of
the at least 14 bullets fired by Defendant Tolerton, Defendant Tolerton also refused to perform
any first aid on Decedent Desmond Luster and refused to allow Plaintiff DaMon Luster to attend
to or perform first aid on Decedent Desmond Luster.
33.

Instead, Defendant Tolerton ordered Plaintiff DaMon Luster and Decedent Desmond

Luster onto the ground facing each other and placed them both in handcuffs. Two on-duty Dallas
Police Officers, apparently responding to the shooting and not the original burglary, helped
Defendant Tolerton place both Decedent Desmond Luster and Plaintiff DaMon Luster in
custody. Plaintiff DaMon Luster repeatedly alerted Defendant Tolerton and the other officers to
the fact that Decedent Desmond Luster was severely injured. Decedent Desmond Luster died at
approximately 1:15 PM while on the ground in handcuffs, just a few feet from his brother,
DaMon Luster.

PLAINTIFFS ORIGINAL PETITION

PAGE 7

34.

Decedent Desmond Lusters final words were a plea to his brother, Plaintiff Desmond

Luster, to tell the story.

35.

Later, several more police officers and an ambulance arrived on the scene. The

responding officers placed Decedent Desmond Luster into the ambulance and took Plaintiff
DaMon Luster into custody.
36.

The officers took Plaintiff DaMon Luster to the Dallas police station at 1400 S. Lamar,

Dallas, Texas 75215 and questioned him until approximately 10:30 PM that evening. Dallas
Police released Plaintiff DaMon Luster without charging him with any crime.
37.

Only one of the three burglars has been identified and charged with a crime.
VI. NEGLIGENCE

A. DEFENDANT TOLERTONS NEGLIGENCE

38.

Plaintiffs incorporate herein, by reference, all of the allegations contained above.

39.

Defendant Tolerton was negligent and failed to exercise ordinary care in determining

whether he was justified in using deadly force against Decedent Desmond Luster. Under the
same or similar circumstances, a person of ordinary prudence would not have:
a.

Parked his security vehicle facing the wrong direction on Bonnie View Rd. in the
direct path of oncoming traffic and, specifically, Decedent Desmond Lusters
vehicle;

b.

Believed Decedent Desmond Luster threatened the safety of Defendant Tolerton

or the detained Burglar;

c.

Shot at Decedent Desmond Luster through his vehicle without warning;

PLAINTIFFS ORIGINAL PETITION

PAGE 8

d.

Continued to shoot at Decedent Desmond Luster after his vehicle ran off Bonnie
View Rd., crashed into the chain-link fence, and no longer presented any threat to
Defendant Tolerton or the detained Burglar.

e.

Removed Decedent Desmond Luster from his vehicle, detained him in handcuffs,
and placed him face down on the grass facing his brother, Plaintiff DaMon Luster,
all without performing first aid to potentially save or prolong his life.

f.

Detained Plaintiff DaMon Luster and placed him in handcuffs, face down on the
grass facing his brother, Decedent Desmond Luster, while Decedent Desmond
Luster lay dying in handcuffs.

40.

Defendant Tolerton was negligent and grossly negligent in parking his vehicle facing the

wrong direction on Bonnie View Rd. and deciding the circumstances justified him shooting
Decedent Desmond Luster through his vehicle without warning. Such negligence and gross
negligence proximately caused Decedent Desmond Lusters injuries and subsequent death and
caused Plaintiffs injuries and mental and emotional harm.
B. RESPONDEAT SUPERIOR FOR DEFENDANTS FJ MANAGEMENT INC., FLYING
J MANAGEMENT, LLC, FLYING J TRANSPORTATION, LLC, AND CLYDE REESE
MORGAN D/B/A SELECT SECURITY & PRIVATE INVESTIGATIONS
41.

Plaintiffs incorporate herein, by reference, all of the allegations contained above.

42.

Defendants FJ Management Inc., Flying J Management, LLC, Flying J Transportation,

LLC, and Clyde Reese Morgan d/b/a Select Security & Private Investigations are vicariously
liable via respondeat superior for the negligence of their employee, Defendant Tolerton.
43.

At the time of the shooting, Defendant Tolerton was acting within the scope of his

employment with Defendants FJ Management Inc., Flying J Management, LLC, Flying J

Transportation, LLC, and Clyde Reese Morgan d/b/a Select Security & Private Investigations by

PLAINTIFFS ORIGINAL PETITION

PAGE 9

securing the property of Defendants FJ Management Inc., Flying J Management, LLC, and
Flying J Transportation, LLC.
44.

Defendant Tolertons actions were within the scope of his general authority, in

furtherance of the business of FJ Management Inc., Flying J Management, LLC, and Flying J
Transportation, LLC, and Clyde Reese Morgan d/b/a Select Security & Private Investigations
and for the accomplishment of the objective for which Defendant Tolerton was hired and
employed.
D. NEGLIGENCE OF FJ MANAGEMENT INC., FLYING J MANAGEMENT, LLC,
FLYING J TRANSPORTATION, LLC, AND CLYDE REESE MORGAN D/B/A SELECT
SECURITY & PRIVATE INVESTIGATIONS
45.

Plaintiffs incorporate herein, by reference, all of the allegations contained above.

46.

Additionally, or alternatively, Defendants FJ Management Inc., Flying J Management,

LLC, Flying J Transportation, LLC, and Clyde Reese Morgan d/b/a Select Security & Private
Investigations were negligent. Specifically, Defendants FJ Management Inc., Flying J
Management, LLC, Flying J Transportation, LLC, and Clyde Reese Morgan d/b/a Select
Security & Private Investigations negligently hired, trained, and supervised Defendant Tolerton.
Such negligence proximately caused Decedent Desmond Lusters injuries and later death.
E. DEFENDANTS GROSS NEGLIGENCE
47.

Plaintiffs incorporate herein, by reference, all of the allegations contained above.

48.

Each of the foregoing acts of negligence committed by Defendants was also gross

negligence as defined in Texas Civil Practice & Remedies Code 41.001(11) entitling Plaintiffs
to exemplary damages for which they now sue.
VI. CAUSES OF ACTION UNDER 42 U.S.C. 1983
A. Excessive Force against Decedent Desmond Luster

PLAINTIFFS ORIGINAL PETITION

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49.

Plaintiffs incorporate herein, by reference, all of the allegations contained above.

50.

The use of excessive force by Defendant Tolerton was an unreasonable physical seizure

of Plaintiff under the Fourth Amendment of the United States Constitution. His use of excessive
force was not objectively reasonable under the totality of the circumstances, and the force he
used against Decedent Desmond Luster was applied intentionally and/or recklessly to cause harm
to them. The force used was completely unwarranted and unjustified for all the reasons set forth
above.
51.

Decedent Desmond Luster did not pose a threat, let alone a threat raising to the level

requiring the use of deadly force, to Defendant Tolerton. Decedent Desmond Luster pursued the
burglars by driving his vehicle down Bonnie View Rd. when he encountered Defendant
Tolertons vehicle parked facing the wrong direction on Bonnie View Rd. No reasonable officer
would have placed himself in the path of Decedent Desmond Lusters vehicle and used that as an
excuse to use deadly force against Decedent Desmond Luster. No reasonable officer would have
opened fire on Decedent Desmond Lusters vehicle, which was driving down on Bonnie View Rd.
52.

Even if Defendant Tolerton actually did mistakenly believe Decedent Desmond Luster

posed a threat to Defendant Tolerton or the detained Burglar while Decedent Desmond Luster
drove his vehicle down Bonnie View Rd., Defendant Tolertons use of force was still
unreasonable. No reasonable officer would have continued to fire his weapon at Decedent
Desmond Lusters vehicle after the vehicle swerved off Bonnie View Rd. to avoid Defendant
Tolertons shots. No reasonable officer would have continued to fire his weapon into the side of
Decedent Desmond Lusters vehicle after it was no longer coming towards Defendant Tolerton and
the detained Burglar and after the vehicle no longer presented a threat to Defendant Tolerton and the
detained Burglar. No reasonable officer would have mistaken Decedent Desmond Luster or

PLAINTIFFS ORIGINAL PETITION

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Plaintiff DaMon Luster as suspects to a crime and detained either of them before, during, or after
Defendant Tolerton began shooting.
53.

Once Decedent Desmond Luster drove his vehicle off Bonnie View Rd. towards and,

eventually, into the fence to avoid the shots fired by Defendant Tolerton, Decedent Desmond
Luster was no longer a threat to Defendant Tolerton or the detained Burgler, if at all. A
reasonable officer in a safe position is not justified in firing his weapon on a belief that an
individual may exit his vehicle and present a danger.
54.

Even if Defendant Tolerton was justified in initially firing on Decedent Desmond Luster

while Decedent Desmond Luster drove his vehicle on Bonnie View Rd., and even if Defendant
Tolerton was justified in continuing to fire his weapon into the side of Decedent Desmond
Lusters vehicle once Decedent Desmond Luster swerved off Bonnie View Rd. to avoid
Defedant Tolertons shots, Defendant Tolerton was not justified in removing Decedent Desmond
Luster from his vehicle, detaining him, and failing to immediately administer first aid.
55.

No reasonable officer would have mistaken Decedent Desmond Luster as a threat after

Defendant Tolerton had shot Decedent Desmond Luster in the side. And no reasonable officer
would have removed Decedent Desmond Luster from his vehicle, placed him in handcuffs face
down on the ground, and refused to immediately administer first aid.
56.

As a direct result of Defendant Tolertons conduct, Decedent Desmond Luster was

deprived of his constitutional rights and died at the scene of the incident. The excessive force
violated his rights guaranteed by the Fourth Amendment of the United States Constitution and 42
U.S.C. 1983. As a direct result, Plaintiffs suffered physical, mental, and emotional injuries.
B. False Arrest of Plaintiff DaMon Luster
57.

Plaintiffs incorporate herein, by reference, all of the allegations contained above.

PLAINTIFFS ORIGINAL PETITION

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58.

Despite the total lack of probable cause to establish the existence of any crime, Defendant

Tolerton caused Plaintiff DaMon Luster to be detained and handcuffed on the ground next to his
dying brother, Decedent Desmond Luster. The arrest of Plaintiff DaMon Luster was malicious,
intentional, and made with the express purpose of covering up the aforementioned illegal
conduct by Defendant Tolerton. The false arrest was an unreasonable seizure of Plaintiff DaMon
Luster and violated his rights as guaranteed by the Fourth Amendment of the United States
Constitution and 42 U.S.C. 1983. The arrest was in the absence of probable cause. No
reasonable officer would have believed that DaMon Luster presented a danger to anyone when
he repeatedly stated he was pursuing the burglars and that his brother, Decedent Desmond
Luster, needed first aid from the gunshot wound.
59.

At all times relevant to the incident the basis of this lawsuit, Defendant Tolerton was a

police officer employed by the City of Dallas and was acting under the direction and control of
the City of Dallas.
60.

As a direct result of the illegal conduct of Defendant Tolerton, Plaintiff DaMon Luster

suffered injury and damage as further described below.

D. Cause of Action against the City
61.

Plaintiffs incorporate herein, by reference, all of the allegations contained above.

62.

At the time of the events described above, the individual Defendants were acting under

color of the laws and regulations of the State of Texas and the DPD and in the course and scope
of their employment for the City.
63.

During all relevant times, the Dallas City Council was the Citys final policymaker

regarding the conduct of its police officers and had actual or constructive knowledge of the
inadequate supervision and training that, in reasonable probability, caused the incident that forms

PLAINTIFFS ORIGINAL PETITION

PAGE 13

the basis of this lawsuit. Additionally, the constitutional violations in this case were the direct
result of inadequate supervision and inadequate training of Defendant Tolerton. No reasonable
officer would park his patrol vehicle facing the wrong direction of oncoming traffic and then use
such a violation as justification for using deadly force against an individual legally driving his
vehicle. No reasonable officer would refuse to perform first aid on a victim of a gunshot wound,
when the victim posed not threat to anyone.
64.

The above-described failure to train and supervise Defendant Tolerton was a direct cause,

and moving force, of the constitutional deprivations suffered by Plaintiffs.

65.

As a direct result of these acts, Decedent Desmond Luster died, Plaintiff DaMon Luster

was wrongfully detained, and Plaintiffs have suffered physical injuries, mental and emotional
injuries, and economic damages. Decedent Desmond Luster and Plaintiff DaMon Luster were
deprived of their constitutional rights, all to their damage.
VII. ACTUAL AND EXEMPLARY DAMAGES
66.

Decedent Desmond Lusters death was proximately caused by the negligence and gross

negligence of the Defendants Tolerton, FJ Management Inc., Flying J Management, LLC, Flying
J Transportation, LLC, and Clyde Reese Morgan d/b/a Select Security & Private Investigations.
67.

Defendant Tolerton and the City of Dallas are liable to Plaintiffs for their violations of

the Fourth Amendment under 42 U.S.C. 1983.

68.

Plaintiff Cassandra Luster, Decedent Desmond Lusters wife, has suffered mental

anguish in the past that in reasonable probability will continue into the future.
69.

Plaintiff DaMon Luster, Decedent Desmond Lusters brother, has suffered mental

anguish in the past that in reasonable probability will continue into the future.

PLAINTIFFS ORIGINAL PETITION

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70.

Plaintiff Desmond Luster Jr., Decedent Desmond Lusters son, has suffered mental

anguish in the past that in reasonable probability will continue into the future.
71.

Plaintiff DAndra Luster, a minor child and Decedent Desmond Lusters daughter, has

suffered mental anguish in the past that in reasonable probability will continue into the future.
72.

Specifically, Plaintiffs would further show they have been damaged as follows:
a. Pecuniary loss both past and future;
b. Compensatory damages;
c. Exemplary damages;
d. Loss of companionship both past and future;
e. Loss of consortium;
f. Pain and suffering;
g. Mental anguish;
h. Medical bills and expenses;
i.

Loss of earning capacity;

j.

Funeral expenses;

k. Loss of services;
l.

Loss of advice and counsel;

m. Expenses for psychological treatment;

n. Loss of companionship and society;
o. Loss of inheritance;
p. attorneys fees pursuant to 42 U.S.C. 1983 and 1988;
q. costs of court;
r. All other damages allowed by law.

PLAINTIFFS ORIGINAL PETITION

PAGE 15

VIII. PREJUDGMENT AND POST JUDGMENT INTEREST

73.

Plaintiffs pray for pre- and post-judgment interest in accordance with law.
PRAYER FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that upon final trial hereof,

Plaintiffs have judgment against said Defendants, jointly and severally, for the full amount of their
damages in such sums as set by the jury, with pre- and post-judgment interest thereon at the
maximum legal rate; for costs of Court on their behalf expended; for exemplary damages; and for
such other and further relief, special and general, at law and in equity, to which they may show
themselves justly entitled.
Respectfully submitted,
TED B. LYON & ASSOCIATES, P.C.
By:

/s/ Charles A. Bennett

CHARLES A. BENNETT
State Bar No. 24086454
cbennett@tedlyon.com
Town East Tower, Suite 525
18601 LBJ Freeway
Mesquite, Texas 75150
Telephone: (972) 279-6571
Facsimile: (972) 279-3021
/s/ Don N. High
DON N. HIGH
State Bar No. 09605050
donnhigh@verizon.net
816 Greylyn Dr.
Plano, TX 75075
Telephone: (972) 424-5512
ATTORNEYS FOR PLAINTIFFS

PLAINTIFFS ORIGINAL PETITION

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