FILED

3/21/201710:46:27 AM
Beverly Crumley
Dustnct Clerk
1 7-0600 Hays County. Texas
Cause No.

FREDDIE JOEY TAYLOR, JR., IN THE DISTRICT COURT

INDIVIDUALLY and as
REPRESENTATIVE OF THE ESTATE
OF JORDIN EMILY TAYLOR, DECEASED,
Plaintiffs,

V. DISTRICT

SKYLINE PARTY BUS CO., LLC,

BURLESON SMTX PROPERTIES, LLC,
GABRIELA WILSON, BRANDON BURLESON,
B&B SHUTTLES, LLC D/B/A B&B
TRANSPORTATION, VCD SAN MARCOS

SMTX.NEWS
RIVER, LLC, PI KAPPA ALPHA
FRATERNITY, PI KAPPA ALPHA ZETA
THETA CHAPTER, ALPHA TAU OMEGA
FRATERNITY, ALPHA TAU OMEGA
IOTA ALPHA CHAPTER, KAPPA ALPHA
ORDER, KAPPA ALPHA ORDER EPSILON
IOTA, DELTA TAU DELTA FRATERNITY,
DELTA TAU DELTA ZETA DELTA CHAPTER,
Defendants. HAYS COUNTY, TEXAS
m m m am m m m

PLAINTIFFS ORIGINAL PETITION

NOW COME Freddie Joey Taylor, Jr., Individually and Freddie Joey Taylor, Jr., as

Surviving Parent of Jordin Emily Taylor, Deceased, hereinafter called Plaintiffs, complaining of

and about the above named Defendants, and for cause of action show unto the Court the

followmg:

DISCOVERY CONTROL PLAN LEVEL

Plaintiffs m'tend that discovery be conducted under Discovery Level 3.

PARTIES AND SERVICE

Plaintiff, Freddie Joey Taylor, Jr., is an Individual who resides in. Texas.

Plaintiff, Freddie Joey Taylor, Jr., an Individual, brings this action as survivm'g parent of

Jordin Emily Taylor, Deceased.

 As used herein, "Plaintiff" shall include not only named Plaintiffs, but also persons

whose claims are being represented by a Plaintiff or persons from whose injuries or death the

Plaintiffs claims are derived.

SMTX.NEWS
Defendant Skyline Party Bus Co., LLC, a Limited Liability Company based in Texas,

may be served with process by serving the registered agent of said company, Brandon Burleson,

at 1211 Mountain View Drive, San Marcos, Texas 78666, its registered ofce. Service of said

Defendant as described above can be effected by personal delivery.

Defendant B&B Shuttles, LLC d/b/a B&B Transportation is a Limited Liability Company

based in Texas, may be served with process by serving the registered agent of said company,

Brittney L. Tansil, at 222 Wonder World Drive, San Marcos, Texas 78666, its registered ofce.

Service of said Defendant as described above can be effected by personal delivery.

Brandon Burleson, an Individual who is a resident of Texas, may be served with process

at her home at the following address: 222 Wonder World Drive, San Marcos, Texas 78666.

Service of said Defendant as described above can be effected by personal delivery.

Defendant Gabriela Wilson, an Individual who is a resident of Texas, may be sewed with

process at her home at the following address: 1201 Thorpe Ln., Apt. 139, San Marcos, Texas

78666 or wherever she may be found. Service of said Defendant as described above can be

effected by personal delivery.

Defendant Burleson SMTX Properties, LLC is a Limited Liability Company based in

Texas, may be served with process by serving the registered agent of said company, Brandon

Burleson at 222 Wonder World Drive, San Marcos, Texas 78666, its registered ofce. Service

of said Defendant as described above can be effected by personal delivery

Defendant VCD San Marcos River, LLC is a Limited Liability Company based in' Texas,
may be served with process by serving the registered agent of said company, Edward F. Romano,

I at 430 Cindi Circle, Wimberley, Texas 78676. Service of said Defendant as descn'bed above

can be effected by personal delivery.

Defendant Pi Kappa Alpha Fratemity, a national fratemity, may be served with process

by serving the president, Mark A. Robertson or the vice president, G. Brint Ryan, at Memon'al

Headquarters, 8347 West Range Cove, Memphis, Tennessee 38125. Service of said Defendant

as described above can be effected by personal delivery.

Defendant Pi Kappa Alpha Zeta Theta Chapter, may be served with process by serving

President, Ryan Goodrum, or Health and Safety director, Jon Galvan, of said organization,

wherever they may be found. Service of said Defendant as described above can be effected by

personal delivery.
SMTX.NEWS
Defendant Alpha Tau Omega Fratemity, a national fraternity, may be served with process

by servrn'g the president, Dr. Timothy Clipson or vice president, Jeffrey Miles of the fratemity at

One North Pennsylvania Street, 12h Floor, Indianapolis, Indiana 46204. Service of said

Defendant as described above can be effected by personal delivery.

Defendant Alpha Tau Omega Iota Alpha Chapter, may be served with process by serving

a chapter ofcer of the fratemity chapter at 401 N. Comanche Street, San Marcos, Texas 78666.

Service of said Defendant as described above can be effected by personal delivery.

Defendant Kappa Alpha Order, a national fratemity, may be sewed with process by

serving Larry Wiese, Executive Director, of the fratemity at 115 Liberty Hall Road, Lexington,

Virginia 24450. Service of said Defendant as described above can be effected by personal

delivery.

Defendant Kappa Alpha Order Epsilon Iota, may be served with process by servrng a

_
-\
PLAINTIFFS ORlGlNAL DETITION D
chapter ofcer, Matthew Johnson, Reagan Hull, Nicholas Erwin, or Keith Carter at 602

Academy Street, San Marcos, Texas 78666. Service of said Defendant as descnbed above can be

effected by personal delivery.

Defendant Delta Tau Delta Fraternity, a national fratemity, may be served with process

by serving executive vice president of the fratemity, Jim Russell, at 10000 Allisonville Road,

Fishers, Indiana 46038. Service of said Defendant as described above can be effected by

personal delivery.

Defendant Delta Tau Delta Zeta Delta Chapter, may be served with process by servm'g a

chapter ofcer or the president Tyler Jones or vice president, Mason Ham's at 2110 Old Ranch

Road 12, San Marcos, Texas 78666. Service of said Defendant as described above can be

effected by personal delivery.

JURISDICTION AND VENUE

The subject matter m' controversy is withm' the jurisdictional lim'its of this court.

Plaintiffs seek monetary relief over $10,000,000.00.

This court has jurisdiction over the parties because Defendants are Texas residents or

have substantial contact with Texas.

Venue in Hays County is proper in this cause under Section 15.002(a)(1) of the Texas

Civil Practice and Remedies Code because all or a substantial part of the events or omissions

givmg rise to this lawsuit occurred in this county and most of the Defendants are residents of

Hays County or have their place ofbusiness in Hays County.

INTRODUCTION

This civil action is brought by Freddie Joey Taylor, Jr., 1n'dividually and as survivmg

parent of Jordin Emily Taylor, Deceased under the authority the authority of the Texas Wrongful

PLAINTilF) ORll:t'\.lHL PE JiTION J

Death Statute and the Texas Survival Statute for damages an'sing out of the Defendants

negligent and other wrongful conduct arising from the event held at Cool River Ranch on

October 28. 2016 where the death of Jordin Emily Taylor occurred. The event consisted of

between 2,000 and 3,000 people, however there were merely a handful of security personnel who

were in' charge of ensuring the safety of the attendees at the event. In addition, the fratemities

who hosted the event provided alcohol to the attendees without providing adequate security to

ensure that no underage drinking occurred.

SMTX.NEWS
Jordan Emily Taylor had been an attendee of the event and was served alcohol even

though she was under 21 years old. Jordin Emily Taylor was found deceased on October 29,

2016 at Cool River Ranch. Her body was found wedged between the ground and the axle of a

party bus owned and operated by B&B Shuttles, LLC d/b/a B&B Transportation and Skyline

Party Bus Co., LLC; as she was run over by one or more party buses that were transporting

attendees to the event. It is believed that Jordin Emily Taylor was hit by one of the buses, and

her body became trapped under one of the buses and dragged along a gravel road where she

sustained multiple blunt force trauma to her head. The bus that Jordins body was trapped under

became disabled and was parked ovemight with her body remainm'g under the axle, the bus

driver never looked under the bus to see Jordins body trapped under the axle; it wasnt until the

following morning when a mechanic found her body.

FACTUAL BACKGROUND

On or about October 14, 2016, Defendants, Alpha Tau Omega Iota Alpha Chapter, Pi

Kappa Alpha Zeta Theta Chapter, and Kappa Alpha Order Epsilon Iota Chapter summited a

Fraterm'ty/Sorority Event with Alcohol Agreement Form to the Greek Affairs Ofce

Registered to host an event at Cool River Ranch on October 28, 2016. The Application stated

P1,,A411Tu."rS 138'} W41 PETITMNJ S

that there would be an estimate of 1000 guests at the event.

On or about October 14, 2016. Greek Aflairs at Texas State University emailed the

fratemities declining the request for the fratemities to host the event stating that the decline was

due to the size of the event being too large and because the Defendant Kappa Alpha Order

Epsilon Iota Chapter was on suspension by its National Office with the Kappa Alpha Order

Fratemity.

On or about October 17, 2016, representative(s) of the Defendant Alpha Tau Omega Iota

Alpha Chapter met with Greek Affairs about the fraternity hosting its own event without any

other fraternity co-hosting it.

SMTX.NEWS
On or about October 19, 2016, Defendant Pi Kappa Alpha Zeta Theta Chapter submitted

to the Texas State University Greek Affairs Ofce a Fraternity/Sorority Event with Alcohol

Agreement Form to host an even on October 28, 2016 statm'g that only Pi Kappa Alpha Zeta

Theta Chapter would be hosting the event.

On or about October 19, 2016, Defendants Alpha Tau Omega Iota Alpha Chapter and Pi

Kappa Alpha Zeta Theta Chapter submitted to the Texas State University Greek Affairs Ofce a

Fratemity/Sorority Event with Alcohol Agreement Form stating that the event on October 28,

2016 would only be hosted by the Defendants, Alpha Tau Omega Iota Alpha Chapter and Pi

Kappa Alpha Zeta Theta Chapter. The Application stated that there would only be an estimated

250 guests at the event.

Defendant, Delta Tau Delta Zeta Delta Chapter was on social probation by Texas State

Um'versity and therefore could only host events that did not have alcohol at the event.

The event, according to member(s) of Delta Tau Delta Zeta Delta Chapter, was open to

the public, and an invitation to the event was posted on Facebook.

1' 44.1w 2 mistrial1:1'1':mri

 On October 28. 2016, the event hosted by the four fraternity chapters had an estimate of

3000 people in attendance. The only secunty present. according to persons who attended the

event, were only approximate 4-5 persons who stood at the entrance of the event location;

however. these persons allowed guests to come into the event who were under the age of 21

without checking their identication to determine their age.

Defendant, Skyline Party Bus Co., LLC, was hired by the fratemities to operate charter

party buses that transported guests to and from the event on October 28, 2016. Defendant B&B

Shuttles, LLC d/b/a B&B Transportation is an entity which owns the party bus that Skyline Party

Bus Co., LLC managed.

SMTX.NEWS
Defendant VCD San Marcos River, LLC is the owner of the property where the event

subject of this suit occurred. The property goes by the name C001 River Ranch and is a venue

that can be rented for concerts and events and is a location where persons can be taken to oat

the San Marcos River.

Defendant, Burleson SMTX Properties, LLC rents the property, Cool River Ranch, from

VCD San Marcos River, LLC several months out of the year and is the company that manages

the property and coordinates events on the property during the time that it rents the property.

Defendant, Brandon Burleson, is the managing member of Burleson SMTX Properties,

LLC and oversees its operation. Defendant Brandon Burleson is a member of Skyline Party Bus

Co., LLC and oversaw the operation and management of the buses on the night of the event.

The fratemities who hosted the event contacted Defendant Burleson about renting the

property for the event on October 28, 2016. Allegedly, the contract between Burleson SMTX

Properties, LLC and the fratemities placed responsibility for security of the event on the

fraternities as well as monitoring the alcohol consumption. It was allegedly conveyed to the
fratemities that there was to be no underage drinking allowed, however Defendants. Burleson,

and Burleson SMTX Properties. LLC were at the event and witnessed the underage dn'nking

occum'ng.

Defendant. Gabn'ela Wilson, is an employee of Skyline Party Bus Co., LLC and was the

driver that operated the bus that hit Jordin Emily Taylor on the night of the incident and where

Jordins body was recovered the following moming.

The night of the incident, Skyline Party Buses, dropped off attendees of the event at the

entrance of the event and then travelled along a gravel road which circled in front of the entrance

to allow the buses to leave the property. After travelling through the circle, the buses would stop

and pick up attendees who were leaving the event.

SMTX.NEWS
On the night of the event, there were complaints from attendees that these buses traveled

recklessly through the property, including travelling at a rate of speed that was unsafe around

pedestrians. Based on the investigation of the Guadalupe Sheriffs Department, it is believed that

Jordin Emily Taylor was hit by one or possibly more of the Skyline buses that were in operation

on the night of the event and was dragged along the gravel road. Jordins body was found

wedged under the axle of a Skyline Party Bus, and her injuries included multiple blunt force

trauma to her head as well as severe scrapes on her body from being dragged on gravel.

Unfortunately, Jordin's body remained wedged under the Skyline Party bus ovemight until she

was discovered the following afternoon.

Defendant Wilson operated the bus that drug Jordins body. Defendant Wilson noticed a

waming light for the air brakes of the bus. Shortly thereafter the bus became disabled and

stopped on the gravel road. Defendant Wilson called Defendant Burleson, who was her manager

at Skyline Party Bus. Defendant Burleson told Wilson to leave the bus parked on the road and
lock it up and he would have a mechanic assess the bus the following day. Defendant Wilson

never inspected under the bus after it became disabled to see Jordin trapped under the buss axle.

The event was shut down between 11:00 pm. October 28, 2016 and 12:00 am. October

29, 2016 when law enforcement am'ved due to noise complaints and complaints of intoxicated

individuals at the event,

SMTX.NEWS
Upon arrival to the event, police offers saw that there was a crowd of over 1000 at the

event premises and there were two large areas set up to serve alcohol without persons checking

identication. Additionally, the police ofcers saw that there were only a few security guards

set up at the entrance gate of the event, but that they were overwhelmed by the size of the crowd

and were unable to check identications on many of the patrons gom'g to the event.

The ofcers met with Defendant, Brandon Burleson, who was at the event when they

am'ved, and told Defendant Burleson that there were too many people at the event and that the

security that was present was not adequate to ensure the patrons safety at the event.

Additionally, the ofcers informed Defendant Burleson that there were underage patrons who

were intoxicated. Defendant Burleson responded to ofcers with a mannerism which led the

ofcers to believe that Defendant Burleson was not concerned with the situation and that it was

not his problem to deal with.

The day following the event a TABC ofcer was on the premises investigating the claim

that alcohol was being served without a permit on the premises at the event. The ofcer saw

evidence of alcohol at the event in that cans of beer, boxes of wm'e, and cups were scattered all

over the premises, including in the restrooms. When the ofcer was on the premises, he spoke to

a pledge member of one of the fraternities hosting the event. The pledge member was driving a

truck with loads of trash in the bed of the truck. The trash consisted beer cans, red solo cups, and
boxes of wine. The pledge member told the ofcer that he was a pledge for Kappa Alpha Order

and that the night before, he and some other pledges were secun'ty for the bar area at the event.

He also told him that there were around 2000 people who were at the event.

When TABC came to the scene where Jordins body was found, Brian Burleson told

Brandon Burleson that TABC was wanting to know about minors drinking at the event, but that

it was not Brandon Burlesons problem. it was the fratemities problem. The TABC ofcer

spoke to Brandon Burleson who informed the ofcer that he leased the premises from Rocky

Romano, the owner of the land where Cool River Ranch was located. He then informed the

ofcers that he allowed the fratemities to use the land for the event in exchange for $6,000.00.

The fratemities mislead Texas State University when they applied for hosting the event;

additionally these fratemities recklessly allowed a large number of attendees to come to and

remain at the event without providing adequate security to ensure their safety as well as to ensure

that there was no underage drinking at the event. After a thorough investigation, Texas State

University suspended the individual fratemities due to various violations of the Universitys

policies. Those violations included: submitting false information to the university, allowing

Kappa Alpha Order to host the event even though it was not in good standing with its national

ofce; allowing Delta Tau Delta to host the event even though it was on social probation by the

University; providing beer and wine purchased by the fratemities; allowing minors to enter the

event without showing their identication; allowing minors to drink alcohol from freely open

sources of beer and boxed wine purchased by the fratemities; and not distributing alcohol in a

safe and lawful manner. It was found by the Universitys investigation that members of the

fratemities were required to serve as security for the event.

SMTX.NEWS
VCD San Marcos River, LLC allowed for Burleson SMTX Properties, LLC to schedule
events, such as the one on October 28. 2016, on its property with little to no oversight on the

safety of those on the premises during those events, thus creating a dangerous condition on the

property as well as allowing for a dangerous activity to occur on the property.

Defendants, collectively. created a dangerous condition, which proximately caused Jordin

Taylors death. They knew, or should have known, that allowing the fratemities to have an event

such as the one held at the Cool River Ranch was dangerous. Instead, they turned their heads

and pretended not to see the inadequate secun'ty, poor lighting, underage dn'nking, over

intoxication of invitees, and the reckless driving of the buses entering and exiting the property

the night of the event.

SMTX.NEWS
PLAINTIFFS CLAIMS AGAINST SKYLINE PARTY BUS CO., LLC

_g_g__Nelience

Plaintiffs incorporate by reference and re-alleges the paragraphs above the same as if set

out at length.

Defendant, Skyline Party Bus Co, LLC had a duty to exercise the degree of care that a

reasonably careful person would use to avoid harm to others under circumstances Similar to those

described herein.

Plaintiffs injuries were proximately caused by Defendant, Skyline Party Bus Co., LLC s

negligent, careless and reckless disregard of said duty.

The negligent, careless and reckless disregard of duty of Defendant, Skyline Party Bus

Co., LLC consisted of, but is not limited to, the following acts and omissions:

A. Failure to implement and adopt proper policies and procedures;

B. Failure to institute proper procedures to inspect the vehicles pn'or to their use on
the highways of Texas to insure that they are clean, and that all safety equipment
and/or waming equipment are in place, working properly, and do not have any
broken, defective, or missing parts;
 C. Failure to communicate the appropriate information to Defendant Wilson
regarding proper procedures to drive in dark and crowded conditions such as what
were in place on the night of the event;

D. Failure to communicate the appropriate information to Defendant Wilson

regardm'g proper driving speed for the location such as where the event occurred;

E. Failure to require Defendant, Gabriela Wilson to comply with the Texas

Transportation Code; and

F. Such other and irther acts of negligence as made be shown in' the trial of this
case.

N_g_____g___gelio
ent Hirin and Trainin
SMTX.NEWS
Plaintiffs incorporate by reference and re-alleges the paragraphs above the same as if set

out at length.

Defendant, Skyline Party Bus Co., LLC is responsible for Defendant, Gabriela Wilsons

conduct under negligent hiring and retention. Defendant, Skylin'e Party Bus Co., LLC owed a

duty of care to take steps to prevent injury to the driving public by determining the competency

of Defendant, Gabriela Wilson to drive one of its party buses, adequately supervising that driver,

and adequately exercising control over that driver and her driving habits. The reason for this duty

of care is to promote safety and prevent motor vehicle accidents.

Defendant, Skyline Party Bus Co., LLC violated this duty of care by hiring and retaining

Defendant, Gabriela Wilson to operate on of its party buses thereby creating an unreasonable risk

of harm to others on the roadway. Defendant, Skyline Party Bus Co., LLC also violated this duty

of care by negligently supervising and failing to control the driving habits of Defendant, Gabriela

Wilson.

Defendant, Skyline Party Bus Co., LLC committed negligent acts and/or omissions in the

hiring of Defendant, Gabriela Wilson, including but not limited to the following:

PLAlNT.Fr"3' 159; HA :AT'WV

 A. Failure to conduct a reasonable and adequate interview of Defendant Dn'ver as a
potential employee;

B. Failure to properly follow up on information not provided by Defendant Dn'ver in

the interview process;

C. Failure to conduct a proper employment and background check;

D. Failure to sufficiently investigate Defendant Driver's training, prior employment,

SMTX.NEWS
criminal record, and past;

E. Failure to perform the required screening, testing, and physical of Defendant

Driver;

F. Failure to adopt proper policies and procedures regarding the interview of a

potential employee who will be driving a charter bus in the State of Texas; and/or

Such other and further acts of negligence as may be shown in the trial of this
Q

cause as discovery progresses.

Defendant, Skylme Party Bus Co., LLC committed negligent acts and/or omissions in the

training of Defendant Dnver, including but not limited to the following:

A. Failure to explain and demonstrate its safety policies and procedures to Defendant Driver;

B. Failure to conduct safety meetings and/or safety instruction of its employees including
Defendant Driver;

C. Failure to require attendance at any safety meetings and/or trainm'g;

D. Failure to provide the necessary training to Defendant Driver regarding bus driving, bus
safety, safety classes, how to properly and safely drive an charter bus, how to perform a
proper pre-trip and post-trip inspection, how to maintain a proper lookout, how to
properly brake a vehicle, the proper method to maintain a vehicle, the proper way and
the necessity of keeping a vehicle in proper working order, and in all matters regarding
the proper and safe operation of a charter bus and the mam'tenance of a charter bus in
various situations;

E. Failure to properly train its drivers regarding proper braking of a vehicle, the importance
of a proper lookout for pedestrians on the roads, especially when driving in a crowded
area at night;

F. Failure to properly train its drivers regarding all aspects of driver safety;

PLAINTIFF)" OFIGiNLL PtTl l ltn.

 G. Failure to train its employees. including Defendant Dn'ver, regarding safe and proper
operation of a charter bus. safe and proper lookout, safe and proper operation of a charter
bus such as a person andor company of ordinary care would have done in the same or
similar circumstances;

H. Failure to provide and/0r require regular follow-up driver education and training;

1. Failure to train its employees and Defendant Dn'ver regarding the proper policies and
procedures for documenting pre and post-trip inspections and maintaining documentation

SMTX.NEWS
required by the company;

J. Failure to train Defendant Driver regarding maintaining a proper lookout and proper
braking procedures in certain situations, including the situation in which Defendant
Driver found herself in at the time of the collision in question; and/0r

K. Such other and further acts of negligence as may be shown in the trial of this cause as
discovery progresses.

Defendant Skyline Party Bus Co., LLC committed negligent acts and/or omissions in' the

supervision, retention and moniton'ng of Defendant Driver, including but not lirn'ited to the

following:

A. Failure to monitor Defendant Driver to make sure that she was complying with
policies and procedures;

B. Failure to interview and test Defendant Driver to make sure she had read and was
familiar with, understood, and followed the company policies and procedures;

C. Failure to implement proper policies and procedures for its employees, m'cluding
Defendant Driver, regarding driver safety and vehicle safety;

D. Failure to document attendance and topics discussed at any safety meetings and/or
courses or instruction;

E. Failure to require attendance at any safety meetings or instruction;

F. Failure to discipline, supervise, remedy, and train Defendant Dn'ver after she
received citations;

G. Failure to train, reprimand, supervise, and remedy any deficiencies in Defendant

Driver as a driver;

rlilTtFF) antlltAL PE TiTlON 14

 H. Failure to monitor and document the number of accidents, moving violations,
speed of a particular violation, and fault of a violation and/or accident involving
Defendant Dn'ver;

1. Failure to document and make a determination regarding fault in the accident

made the basis of this suit, which is a violation of their own policy and the Texas
Commercial Driver's Handbook;

J. Failure to document and make a determination regarding fault in the accident

made the basis of this suit, which is a violation of their own policy and the Texas
Commercial Driver's Handbook;

SMTX.NEWS
K. Failure to require and document pre-trip inspections;

L. Failure to require and document post-trip inspections;

M. Failure to supervise, train', correct, and reprimand Defendant Driver for the
regular failure to document pre and post-trip inspections;

N. Failure to train', supervise, reprimand, and remedy Defendant Driver's conduct in

conducting a decient pre and post-trip inspection following her citations and
receipt of violations by the Department of Public Safety (DPS) on prior
occasions and for having numerous violations of her vehicle;

0. Failure to supervise Defendant Driver to insure that she was keeping the vehicle
properly maintained and in good operating condition;

P. Failure to properly document citations, moving violations, accidents, and

violations of policy by Defendant Driver and/or other employees;

Q. Failure to conduct regular and required reviews of Defendant Driver's

performance;

R. Failure to require and maintain records of violations by Defendant Driver;

S. Failure to require and maintain necessary daily documentation;

T. Failure to create and maintain a driver qualication le on Defendant Driver;

U. Failure to require Defendant Driver to comply with the Texas and Federal Motor
Carrier Safety Regulations, the Texas Commercial Motor Vehicle Driver's
Handbook, and the Texas Transportation Code; and/or

V. Such other and further acts of negligence as may be shown in" the tn'al of this
cause as discovery progresses.

PLAINNFFS URL-UNA. FL'DT''..

 The negligence of Defendant, Skyline Party Bus Co. LLC in hiring, retaining, failing to

supervise, and failing to control Defendant. Gabriela Wilson was a proximate cause of the

injun'es and damages suffered by Plaintiffs, for which they now sue.

_L_p__Resondeat
Suerior

Plaintiffs incorporate by reference and re-alleges the paragraphs above the same as if set

out at length.
SMTX.NEWS
At the time of the occurrence of the act in question and immediately pn'or thereto,

Gabriela Wilson was within the course and scope of employment for Defendant Skyline Party

Bus C 0., LLC.

At the time of the occurrence of the act in question and immediately pn'or thereto,

Gabriela Wilson was engaged in the furtherance of Defendant Skyline Party Bus Co., LLC's

business.

At the time of the occurrence of the act in question and immediately prior thereto,

Gabriela Wilson was engaged in accomplishing a task for which Gabriela Wilson was employed.

Plaintiffs invoke the doctrine of Respondeat Superior as against Defendant Skyline Party

Bus C0., LLC.

__g_g_____Nelient
Entrustment

Plaintiffs incorporate by reference and re-alleges the paragraphs above the same as if set

out at length.

On October 28, 2016, Defendant Skyline Party Bus Co., LLC had the right to

possess and use the vehicle operated by Gabriela Wilson.

Defendant Skyline Party Bus Co., LLC entrusted the vehicle to Gabriela Wilson, a

reckless and incompetent dn'ver.

 Defendant Skyline Party Bus Co., LLC knew, or through the exercise of reasonable care

should have known, that Gabnela Wilson was a reckless and incompetent dn'ver.

As described herein, Gabriela Wilson was negligent on the occasion in question.

Gabn'ela Wilson's negligence was the proximate cause of Plaintiffs damages.

G____g_g_ross
Nelience
SMTX.NEWS
Plaintiffs incorporate by reference and re-alleges the paragraphs above the same as if set

out at length.

Defendant Skyline Party Bus Co., LLC's conduct described herein constitutes gross

negligence in that Defendant Skyline Party Bus Co., LLC's business continuous violations the

Federal Motor Cam'er Safety Regulations.

Defendant Skyline Party Bus Co., LLC had actual awareness of the risk of a collision as a

result of its failures to abide by the Federal Motor Carrier Safety Regulations but nonetheless

proceeded with conscious indifference to continue operations in a manner that violated the

Federal Motor Carrier Safety Regulations.

This gross negligence of Defendant Skyline Party Bus Co., LLC was a proxrm'ate cause

of the injun'es and damages to Plaintiffs.

PLAINTIFFS CLAIMS AGAINST B&B SHUTTLES, LLC D/B/A B&B

TRANSPORTATION

N_g_g_elience

Plaintiffs incorporate by reference and re-alleges the paragraphs above the same as if set

out at length.

Defendant, B&B Shuttles, LLC d/b/a B&B Transportation had a duty to exercise

the degree of care that a reasonably careJl person would use to avoid harm to others under

circumstances similar to those described herein.

_
r..
 Plaintiffs injun'es were proximately caused by Defendant, B&B Shuttles, LLC d/b/a

B&B Transportation's negligent, careless and reckless disregard of said duty.

The negligent. careless and reckless disregard of duty of Defendant, B&B Shuttles, LLC

d'bxa B&B Transportation consisted of. but is not limited to, the following acts and omissions:

A. Failure to implement and adopt proper policies and procedures;

B. Failure to institute proper procedures to inspect the vehicles pn'or to their use on
the highways of Texas to insure that they are clean, and that all safety equipment
and/or waming equipment are in place. working properly, and do not have any
broken, defective, or missing parts;

C. Failure to communicate the appropriate information to Defendant Wilson

regarding proper procedures to dnve in dark and crowded conditions such as what
were in place on the night of the event;

D. Failure to communicate the appropriate information to Defendant Wilson

regarding proper driving speed for the location such as where the event occurred;

E. Failure to require Defendant, Gabn'ela Wilson to comply with the Texas

Transportation Code; and

F. Such other and further acts of negligence as made be shown in the trial of this
case.

__g_g____g___gNelient
Hirin and Trainin
SMTX.NEWS
Plaintiffs incorporate by reference and re-alleges the paragraphs above the same as if set

out at length.

Defendant, B&B Shuttles, LLC rib/a B&B Transportation is responsible for Defendant,

Gabn'ela Wilsons conduct under negligent hin'ng and retention. Defendant, B&B Shuttles, LLC

(Lb/a B&B Transportation owed a duty of care to take steps to prevent injury to the driving

public by determining the competency of Defendant, Gabriela Wilson to drive one of its party

buses, adequately supervising that driver, and adequately exercising control over that driver and
her driving habits. The reason for this duty of care is to promote safety and prevent motor vehicle

accidents.

Defendant. B&B Shuttles, LLC d/b/a B&B Transportation violated this duty of care by

hiring and retaining Defendant, Gabriela Wilson to operate on of its party buses thereby creating

an unreasonable risk of harm to others on the roadway. Defendant, B&B Shuttles, LLC d/b/a

B&B Transportation also violated this duty of care by negligently supervising and failing to

control the driving habits of Defendant, Gabriela Wilson.

Defendant. B&B Shuttles, LLC d/b/a B&B Transportation committed negligent acts

and/or omissions in the hin'ng of Defendant, Gabriela Wilson, including but not limited to the

following:

A.
SMTX.NEWS
Failure to conduct a reasonable and adequate interview of Defendant Driver as a
potential employee;

Failure to properly follow up on information not provided by Defendant Dn'ver in

the interview process;

Failure to conduct a proper employment and background check;

Failure to sufficiently investigate Defendant Driver's training, pn'or employment,

criminal record, and past;

Failure to perform the required screening, testing, and physical of Defendant

Driver;

Failure to adopt proper policies and procedures regarding the interview of a

potential employee who will be driving a charter bus in the State of Texas; and/or

Such other and further acts of negligence as may be shown in' the tn'al of this
cause as discovery progresses.

Defendant, B&B Shuttles, LLC d/b/a B&B Transportation committed negligent acts

and/or omissions in the training of Defendant Driver, including but not limited to the followrn'g:

A. Failure to explain and demonstrate its safety policies and procedures to Defendant Driver;

l 4 r
 Failure to conduct safety meetings and/or safety instruction of its employees including
Defendant Driver;

. Failure to require attendance at any safety meetings and/or training;

Failure to provide the necessary training to Defendant Driver regarding bus driving, bus
safety, safety classes, how to properly and safely drive an charter bus, how to perform a
proper pre-tn'p and post-trip inspection, how to maintain a proper lookout, how to
properly brake a vehicle, the proper method to maintain a vehicle, the proper way and
the necessity of keeping a vehicle in proper working order, and in all matters regarding
the proper and safe operation of a charter bus and the maintenance of a charter bus in
various situations;

Failure to properly train its drivers regarding proper braking of a vehicle, the importance
of a proper lookout for pedestrians on the roads, especially when drivm'g in a crowded
area at night;

Failure to properly train its drivers regarding all aspects of driver safety;

Failure to train its employees, including Defendant Driver, regardin'g safe and proper
operation of a charter bus, safe and proper lookout, safe and proper operation of a charter
bus such as a person and/or company of ordinary care would have done in the same or
similar circumstances;

H. Failure to provide and/or require regular follow-up driver education and training;

Failure to train its employees and Defendant Driver regarding the proper policies and
procedures for documenting pre and post-trip inspections and maintaining documentation
required by the company;

Failure to train Defendant Driver regarding maintaining a proper lookout and proper
braking procedures in certain situations, including the situation m' which Defendant
Driver found herself in at the time of the collision in question; and/or

Such other and further acts of negligence as may be shown in the trial of this cause as
discovery progresses.

Defendant B&B Shuttles, LLC d/b/a B&B Transportation committed negligent acts

and/or omissions in the supervision, retention and monitoring of Defendant Driver, including but

not limited to the followmg:

A.
SMTX.NEWS
Failure to monitor Defendant Driver to make sure that she was complying with
policies and procedures;
 Failure to interview and test Defendant Dn'ver to make sure she had read and was
familiar with, understood, and followed the company policies and procedures;

C. Failure to implement proper policies and procedures for its employees, including
Defendant Dn'ver, regarding driver safety and vehicle safety;

Failure to document attendance and topics discussed at any safety meetings and/or
courses or instruction;

Failure to require attendance at any safety meetings or instruction;

Failure to discipline, supervise, remedy, and train" Defendant Driver after she
received citations;

Failure to train, reprimand, supervise, and remedy any deciencies in Defendant

Driver as a driver;

H. Failure to monitor and document the number of accidents, moving violations,

speed of a particular violation, and fault of a violation and/or accident involving
Defendant Driver;

Failure to document and make a determination regarding fault in' the accident
made the basis of this suit, which is a violation of their own policy and the Texas
Commercial Driver's Handbook;

Failure to document and make a determination regardmg fault in' the accident
made the basis of this suit, which is a violation of their own policy and the Texas
Commercial Driver's Handbook;

Failure to require and document pre-tri'p inspections;

Failure to require and document post-trip inspections;

SMTX.NEWS
Failure to supervise, train, correct, and reprimand Defendant Driver for the
regular failure to document pre and post-trip inspections;

Failure to train, supervise, reprimand, and remedy Defendant Driver's conduct in'
conducting a decient pre and post-trip inspection following her citations and
receipt of violations by the Department of Public Safety (DPS) on pnor
occasions and for having numerous violations of her vehicle;

Failure to supervise Defendant Driver to m'sure that she was keeping the vehicle
properly maintained and in good operating condition;

Failure to properly document citations, moving violations, accidents, and

violations of policy by Defendant Driver and/or other employees;
 Q. Failure to conduct regular and required reviews of Defendant Dn'ver's
performance;

R. Failure to require and maintain records of violations by Defendant Driver;

S. Failure to require and maintain necessary daily documentation;

T. Failure to create and maintain a driver qualification file on Defendant Driver;

U. Failure to require Defendant Driver to comply with the Texas and Federal Motor
Carrier Safety Regulations, the Texas Commercial Motor Vehicle Dn'ver's
Handbook, and the Texas Transportation Code; and/or

V. Such other and further acts of negligence as may be shown in the trial of this
cause as discovery progresses.

The negligence of Defendant, B&B Shuttles, LLC d/b/a B&B Transportation in hiring,

retaining, failing to supervise, and failing to control Defendant, Gabriela Wilson was a proximate

cause of the injuries and damages suffered by Plaintiffs, for which they now sue.

_p___L__Resondeat
Suerior

Plaintiffs incorporate by reference and re-alleges the paragraphs above the same as if set

out at length.
SMTX.NEWS
At the time of the occurrence of the act in question and immediately prior thereto,

Gabriela Wilson was within the course and scope of employment for Defendant B&B Shuttles,

LLC d/b/a B&B Transportation.

At the time of the occurrence of the act in question and immediately prior thereto,

Gabriela Wilson was engaged in the furtherance of Defendant B&B Shuttles, LLC d/b/a B&B

Transportations business.

At the time of the occurrence of the act in question and immediately prior thereto,

Gabriela Wilson was engaged in accomplishing a task for which Gabriela Wilson was employed.

Plaintiffs invoke the doctrine of Respondeat Superior as against Defendant B&B Shuttles,
LLC db a B&B Transportation.

_eg_g____Nlient
Entrustment

Plaintiffs incorporate by reference and re-alleges the paragraphs above the same as if set

out at length.

On October 28, 2016, Defendant B&B Shuttles, LLC d/b/a B&B Transportation owned

the vehicle operated by Gabriela Wilson.

Defendant B&B Shuttles, LLC d/b/a B&B Transportation entrusted the vehicle to

Gabriela Wilson, a reckless and incompetent driver.

Defendant B&B Shuttles, LLC d/b/a B&B Transportation knew, or through the exercise

of reasonable care should have known, that Gabriela Wilson was a reckless and incompetent

driver.
SMTX.NEWS
As described herein, Gabriela Wilson was negligent on the occasion in question.

Gabriela Wilson's negligence was the proximate cause of Plaintiffs damages.

G___Lg_ross
Nelience

Plaintiffs incorporate by reference and re-alleges the paragraphs above the same as if set

out at length.

Defendant B&B Shuttles, LLC d/b/a B&B Transportation's conduct described herein

constitutes gross negligence in that Defendant B&B Shuttles, LLC d/b/a B&B Transportation's

business continuous violations the Federal Motor C amer Safety Regulations.

Defendant B&B Shuttles, LLC d/b/a B&B Transportation had actual awareness of the

risk of a collision as a result of its failures to abide by the Federal Motor Cam'er Safety

Regulations but nonetheless proceeded with conscious indifference to continue operations in a

manner that violated the Federal Motor C am'er Safety Regulations.

7
 This gross negligence of Defendant B&B Shuttles, LLC d/b/a B&B Transportation was a

proximate cause of the injun'es and damages to Plaintiffs.

PLAINTIFFS CLAIMS AGAINST BRANDON BURLESON

N__g_g__g_g__elience
and Gross Nelience

Plaintiffs incorporate by reference and re-alleges the paragraphs above the same as if set

out at length.
SMTX.NEWS
At the time of the occurrence of the incident subject to this suit, Brandon Burleson was

the owner and/or manager of B&B Shuttles, LLC d/b/a B&B Transportation, Skyline Party Bus

Co., LLC. and Burleson SMTX Properties, LLC. Mr. Burleson was personally involved in the

transaction between the Defendant fratemities in leasing the property subject to this suit for the

event as well as proving party buses to shuttle attendees to and from the event.

Mr. Burleson was at the event in question and spoke to police ofcers who were called to

the premises after receiving numerous complaints from neighbors of the property. When the

police ofcers spoke to Mr. Burleson at the event, the police ofcers informed Mr. Burleson that

there was inadequate secun'ty at the event, including at the bar area and that there was underage

drrnki'ng occurring. Mr. Burlesons response to the police ofcers was indifference.

At all times pertinent herein, Defendant, Burleson was guilty of negligent conduct toward

the Plaintiff in:

A. Failing to provide a safe place and surface on which to walk near the
gravel drive;

B. Failing to provide a wide lane for automobiles, specically buses, such as

those that were driving on the property, to dn've on the property;

C. Failing to keep the property adequately lit;

D.
Failing to provide driving lane and pedestrian walk free from dangerous
conditions;
_
P AINlIFF\_"ORliilNA. P, r 7.
 E. Failing to ensure adequate secun'ty;

F. Failing to ensure that no underage drinking occurred on the premises;

G. Failing to ensure safe driving ofthe party buses; and

H. Failing to ensure the safety of the attendees of the event.

PLAINTIFFS' CLAIMS AGAINST GABRIELA WILSON

__g_g___g_g_Nelience
and Gross Nelience

Plaintiffs incorporate by reference and re-alleges the paragraphs above the same as if set

out at length.
SMTX.NEWS
Defendant Gabriela Wilson had a duty to exercise the degree of care that a reasonably

careful person would use to avoid harm to others under circumstances similar to those described

herein.

Plaintiffs' injuries were proximately caused by Defendant Gabn'ela Wilsons negligent,

careless and reckless disregard of said duty.

The negligent, careless and reckless disregard of duty of Defendant Gabriela Wilson

consisted of, but is not limited to, the following acts and omissions:

A. In that Defendant Gabriela Wilson failed to keep a proper lookout for

Plaintiffs" safety that would have been maintained by a person of ordinary
prudence under the same or similar circumstances;

B. In that Defendant Gabriela Wilson failed to yield to Jordin Emily Taylor

as a person of prudent care would have done;

C. In that Defendant Gabnela Wilson failed to turn her motor vehicle in' an
effort to avoid the collision complained of;

D. In that Defendant Gabriela Wilson failed to keep such distance away from
Jordin Emily Taylor, as a person using ordinary prudent care would have
done;

E. In that Defendant Gabriela Wilson was operating its motor vehicle at a

FLLiNTlFFb w,+i,.'~ in:

 rate of speed which was greater than that would have been operated by a
person of ordinary prudence under the same or similar circumstances; and

F. In that Defendant Gabriela Wilson failed to apply her brakes to her motor
vehicle.

Jordin Emily Taylor's injury and death resulted from Gabriela Wilsons gross negligence,

which entitles Plaintiff to exemplary damages under Texas Civil Practice & Remedies Code,

section 41 .003(a).
SMTX.NEWS
PLAINTIFFS CLAIMS AGAINST VCD SAN MARCOS RIVER, LLC

P____}_remise
Liabilit'

Plaintiffs incorporate by reference and re-alleges the paragraphs above the same as if set

out at length.

At all times mentioned herein, Defendant VCD San Marcos River, LLC owned the

property in question, Cool River Ranch.

At all times mentioned herein, Defendant had such control over the premises in question

that Defendant owed certain duties to Plaintiff, the breach of which proximately caused the

injuries set forth herein.

On or about October 28, 2016, Jordan Taylor was an Invitee on the premises owned by

the Defendant when Jordan Taylor was injured and killed on Defendants property as a result of

Defendants conduct.

Defendant, VCD San Marcos River, LLC owed Plaintiff a duty to exercise ordinary care

to keep the premises in reasonably safe condition and repair any defects or give an adequate

waming of any dangers,

Defendant, VCD San Marcos River, LLC, Defendants agents, servants, and employees

negligently permitted or willfully allowed such aforementioned dangerous conditions to continue

and negligently or willfully failed to wam Plaintiff of the dangerous conditions of the property,

specically the gravel drive. These dangerous conditions existed despite the fact that Defendant,

VC D San Marcos River, LLC or Defendants agents, knew or should have known of the

existence of the dangerous conditions and that there was likelihood of a person being injured.

At all times pertinent herein, Defendant, VCD San Marcos River, LLC was guilty of

negligent conduct toward the Plaintiff in:

SMTX.NEWS
A. Failing to provide a safe place and surface on which to walk near the
gravel drive;

B. Failing to provide a wide lane for automobiles, specically buses, such as

those that were driving on the property, to dn've on the property;

C. Failing to keep the property adequately lit;

D. Failing to provide driving lane and pedestrian walk free from dangerous
conditions;

E. Failing to provide adequate security; and

F. Failing to ensure that no underage dn'nking occurred on the premises.

Activit on Premises
_g_g__;__Nelient

Plaintiffs incorporate by reference and re-alleges the paragraphs above the same as if set

out at length.

On the date that Jordan Taylor was injured, Defendant was conducting or permittm'g the

following to occur on Defendant's premises.

A. severely inadequate security, which consisted of a few pledges of the above

Defendants;

B. severely inadequate security over the alcohol that was served by the Defendants;

serving Jordan Taylor, who was under the age of 2 1, alcohol at the event,

C. Engaging, encouraging, and supporting others to engage in activities which

i't/tlflll'ki . illl Mll M l ,M l

 constituted violations of the Texas Alcoholic Beverage Code;

D. Failing to supervise the fratemity activities or pledges;

E. Failing to properly monitor the safety and welfare of the attendees of the event

hosted by the defendants;

SMTX.NEWS
F. allowing reckless and unsafe conditions to exist at the event. such as allowing

buses to dnve recklessly through crowds of intoxicated persons in the poorly lit

event premises with little to no security to ensure safety of the attendees;

. allowing a large number of persons to be on the property with inadequate security,

Q

supervision. or safety precautions;

H. allowing buses to be driven recklessly through crows of intoxicated persons on

the premises; and

I. Allowing the premises to be poorly lit on the motor vehicle gravel path although

that path was also used by pedestrians.

Defendant failed to conduct such activity in a safe and reasonable manner, a manner

which created or perpetuated a danger to Jordan Taylor and others.

Jordan Taylor was injured by or as a result of the negligent conduct the negligent,

careless or reckless acts and omissions of Defendant VC D San Marcos River, LLC.

Premises Defect

Plaintiffs incorporate by reference and re-alleges the paragraphs above the same as if set

out at length.

On the date Jordan Taylor was injured, a dangerous condition existed on the Defendant's

premises which was a proximate cause of the injuries.

On the date Jordan Taylor was injured, an additional dangerous condition existed on the
Defendant's premises which was an additional proximate cause of the injuries, specically the

buses picking up and dropping off attendees at the event located on the premises had a very

narrow path to dn've along, and said path was not properly lit for attendees or bus dn'vers to have

proper vision of one another.

The Defendant had actual or constructive knowledge of the conditions just descn'bed on

Defendants' premises.
SMTX.NEWS
The condition just described posed an unreasonable risk of harm to Jordan Taylor and

others in that there was such a probability of a harmful event occum'ng that a reasonably prudent

person would have foreseen that the event that did occur or some similar event was likely to

happen.

The Defendant did not exercise reasonable care to reduce or eliminate the risk.

The negligent, careless or reckless acts and omissions of Defendant VCD San Marcos

River, LLC consisted of one or more of the following:

A. Defendant failed to provide adequate lighting of the area in question;

B. Defendant failed to provide necessary and proper procedures;

C. Defendant failed to properly maintain and inspect said property;

D. Defendant failed to use due care in the design of the property and drive
way; and

E. Defendant failed to warn Jordan Taylor of the unsafe conditions.

N_g_g_elieuce

Plaintiffs incorporate by reference and realleges the paragraphs above the same as if set

out at length.

Defendant owed Jordan Taylor and others similarly situated the duty use ordm'ary care in

not placing her in hamis way;

 A. use ordinary care in aiding or protectm'g her from penl when the pen] is under
Defendants control;

B. take affirmative action to control or avoid increasing the danger from conduct
which has been partially created by Defendants;

C. exercise reasonable care to avoid a foreseeable risk to the injury of others;

D. use ordinary care to not injure or allow injury to another willfully, wantonly, or
through gross negligence;

E. provide a safe environment for the invitees of the event hosted by Defendants;

F. provide proper security to its attendees to protect them while at the event.
Defendants breached said duty by:

G. providing severely inadequate secun'ty, which consisted of a few pledges of the

above Defendants;

H. providing severely inadequate security over the alcohol that was served by the
Defendants; serving Jordan Taylor, who was under the age of 21, alcohol at the
event;

I. Engaging, encouraging, and supporting others to engage in activities which

constituted violations of the Texas Alcoholic Beverage Code;

SMTX.NEWS
J. Failing to supervise the fratemity activities or pledges;

K. Failing to educate the fratemity members and pledges;

L. Failing to properly monitor, supervise, control and regulate fraterm'tysponsored

activities such as the event subject to this suit;

M. Failing to properly train, educate, inform, monitor, and supervise fraternity

chapter advisors participating in the planning and hosting of the event subject to
this suit;

N. Failing to properly monitor the safety and welfare of the attendees of the event
hosted by the defendants;

0. allowing reckless and unsafe conditions to exist at the event, such as allowing
buses to drive recklessly through crowds of intoxicated persons in the poorly lit
event premises with little to no security to ensure safety of the attendees; and

P. failing to educate chapters, members, and/or pledges of the rules and appropn'ate
measures to be taken for hosting events to ensure the safety of the attendees,

 including preventing harmful and dangerous activities such as underage dnnking.

and inadequate secun'ty.

The acts and/or omissions of Defendants described herein above which Defendants

breached such duty constitute a proximate cause of the damages of Plaintiff for which

Defendants are liable.

PLAINTIFFS' CLAIMS AGAINST BURLESON SMTX PROPERTIES, LLC

__y_Premise
Liabilit'

Plaintiffs incorporate by reference and re-alleges the paragraphs above the same as if set

out at length.

At all times mentioned herein, Defendant Burleson SMTX Properties, LLC leased and/or

managed the property in question, C001 River Ranch.

At all times mentioned herein, Defendant Burleson SMTX Properties, LLC had such

control over the premises in question that Defendant Burleson SMTX Properties, LLC owed

certain duties to Plaintiff, the breach of which proximately caused the injuries set forth herein.

On or about October 28, 2016, Jordan Taylor was an Invitee 0n the premises owned by

the Defendant when Jordan Taylor was injured and killed on Defendants property as a result of

Defendants conduct.
SMTX.NEWS
Defendant. Burleson SMTX Properties, LLC owed Plaintiff a duty to exercise ordinary

care to keep the premises in reasonably safe condition and repair any defects or give an adequate

waming of any dangers.

Defendant, Burleson SMTX Properties, LLC, Defendants agents, servants, and

employees negligently permitted or willfully allowed such aforementioned dangerous conditions

to continue and negligently or willlu'lly failed to warn Plaintiff of the dangerous conditions of the

property, specically the gravel drive. These dangerous conditions existed despite the fact that
Defendant, Burleson SMTX Properties, LLC or Defendant's agents, knew or should have known

of the existence of the dangerous conditions and that there was likelihood of a person being

injured.

At all times pertinent herein, Defendant, Burleson SMTX Properties, LLC was guilty of

negligent conduct toward the Plaintiff in:

A. Failing to provide a safe place and surface on which to walk near the
gravel dn've;

B. Failing to provide a wide lane for automobiles, specifically buses, such as

those that were driving on the property, to drive on the property;

C. Failing to keep the property adequately lit;

D. Failing to provide driving lane and pedestrian walk free from dangerous
conditions;

E. Failing to provide adequate security; and

F. Failing to ensure that no underage drinking occurred on the premises.

Activitv on Premises
N__g_g_________elient
SMTX.NEWS
Plaintiffs incorporate by reference and re-alleges the paragraphs above the same as if set

out at length.

On the date that Jordan Taylor was injured, Defendant was conducting or permitting the

following to occur on Defendant's premises.

J. severely inadequate security, which consisted of a few pledges of the above

Defendant;

K. severely inadequate security over the alcohol that was served by the Defendant;

serving Jordan Taylor, who was under the age of2l, alcohol at the event,

L. Engaging, encouraging, and supporting others to engage in activities which

constituted violations of the Texas Alcoholic Beverage Code;

 M. Failing to supervise the fratemity activities or pledges;

N. Failing to properly monitor the safety and welfare of the attendees of the event

hosted by the defendant;

0. allowing reckless and unsafe conditions to exist at the event, such as allowing

buses to dn've recklessly through crowds of intoxicated persons in the poorly lit

event premises with little to no security to ensure safety of the attendees;

P. allowing a large number of persons to be on the property with inadequate secun'ty,

supervision, or safety precautions;

Q. allowing buses to be driven recklessly through crows of intoxicated persons on

the premises; and

SMTX.NEWS
R. Allowing the premises to be poorly lit on the motor vehicle gravel path although

that path was also used by pedestrians.

Defendant failed to conduct such activity in a safe and reasonable manner, a manner

which created or perpetuated a danger to Jordan Taylor.

Jordan Taylor was injured and killed by or as a result of the negligent, careless or

reckless acts and omissions of Defendant Burleson SMTX Properties, LLC .

Premises Defect

Plaintiffs incorporate by reference and re-alleges the paragraphs above the same as if set

out at length.

On the date Jordan Taylor was injured, a dangerous condition existed on the Defendant's

premises which was a proximate cause of the injunes, specically there was

On the date Jordan Taylor was injured, an additional dangerous condition existed on the

Defendant's premises which was an additional proximate cause of the injun'es, specically the
/property w

The Defendant had actual or constructive knowledge of the conditions just descnbed on

Detendants' premises.

The condition just described posed an unreasonable risk of harm to Jordan Taylor and

others in that there was such a probability of a harmful event occurring that a reasonably prudent

person would have foreseen that the event that did occur or some similar event was likely to

happen.
SMTX.NEWS
The Defendant did not exercise reasonable care to reduce or elun'inate the risk.

The negligent, careless or reckless acts and omissions of Defendant Burleson SMTX

Properties, LLC consisted of one or more of the following:

A. Defendant failed to provide adequate lighting of the area in question;

B. Defendant failed to properly maintain and inspect said property;

C. Defendant failed to use due care in the design of the property, specically
the gravel drive; and

D. Defendant failed to wam Jordan Taylor of the unsafe conditions.

_g_g_Nelience

Plaintiffs incorporate by reference and realleges the paragraphs above the same as if set

out at length.

Defendant owed Jordan Taylor and others similarly situated the duty use ordinary care in'

not placing her in harms way;

A. use ordinary care in aiding or protecting her from pen'l when the pen'l is under

Defendants control;

B. take afrmative action to control or avoid increasing the danger from conduct
 which has been partially created by Defendant;

C. exercise reasonable care to avoid a foreseeable risk to the injury of others;

D. use ordinary care to not injure or allow injury to another willfully, wantonly, or

through gross negligence;

E. provide a safe environment for the invitees of the event hosted by Defendant; and

F. provide proper security to its attendees to protect them while at the event.

Defendant breached said duty by:

SMTX.NEWS
A. providing severely inadequate secunty, which consisted of a few pledges of the

above Defendants;

B. providing severely inadequate security over the alcohol that was served by the

Defendant; serving Jordan Taylor, who was under the age of 21, alcohol at the

even,t

C. Engaging, encouraging, and supporting others to engage in activities which

constituted violations of the Texas Alcoholic Beverage Code;

D. Failing to supervise the fratemity activities or pledges;

E. Failing to educate the fratemity members and pledges;

F. Failing to properly monitor, supervise, control and regulate fraternity-sponsored

activities such as the event subject to this suit;

G. Failing to properly train, educate, inform, monitor, and supervise fratemity

chapter advisors participatin'g in the planning and hosting of the event subject to

this suit;

H. Failing to properly monitor the safety and welfare of the attendees of the event

hosted by the defendants;

r

t, such as allowing
I. allowmg reckless and unsafe conditions to exist at the even

in the poorly lit

buses to drive recklessly through crowds of into xicated persons
of the attendees;
event premises with little to no sec urity to ensure safety
appropriate
pledges of the rules and
J. failing to educate chapters, members, and/or
of the attendees,
taken for hosting events to ensure the safety
measures to be
dri nking,
activities such as underage
harmful and dangerous
m'cluding preventing

and inadequate secun'ty.

Defendants
a bove which
ons of Defendant described herein'
The acts and/or omissi
of Plaintiff to r which
a proxrm'ate cause of the damages
breached such duty constitute

Defendants are liable.

SMTX.NEWS
AND TH E
AGAINST NATIONAL FRATERNITIES
PLAINTIFFS CLAIMS CHAPTERS

_g_g_Nelience as if set
and realleges the paragraph 5 above the same
by reference
Plaintiffs incorpora te

out at length.
Pi Kappa Alpha,
Ta u Omega, Alpha Tau Omega Iota Alpha Chapter,
Defendants, Alpha
Iota
Kapp a Alpha Order Epsilon
Zeta Theta Chapter, Kappa Alpha Order,
Pi Kappa Alpha
Ryan Goodrum,
Zeta Delta C hapter, Corbin Comwell,
Delta Tau Delta, Delta Tau Delta
Chapter,
a duty to Jordan Taylor to:
Smith, and Tyler Kallus owed
Jon Galvan, Tamer
way;
A. use ordinary care in not placing her in harms

her from peri 1 when the pen'l is under

B. use ordinary care in aiding or protecting

36
PIMMTiFH,thingtM: MMN
 Defendants control;

C. take afnnative action to control or avoid increasing the danger from conduct

which has been partially created by Defendants;

D. exercise reasonable care to avoid a foreseeable risk to the injury of others;

E. use ordinary care to not injure or allow injury to another willJlly, wantonly, or

through gross negligence;

F. provide a safe environment for the invitees of the event hosted by Defendants;

and
SMTX.NEWS
G. provide proper security to its attendees to protect them while at the event.

Defendants breached said duty by:

S. providing severely inadequate security, which consisted of a few pledges of the

above Defendants;

T. providing severely inadequate security over the alcohol that was served by the

Defendants; serving Jordan Taylor, who was under the age of 21, alcohol at the

even,t

U. Engaging, encouraging, and supporting others to engage in activities which

constituted violations of the Texas Alcoholic Beverage Code;

V. Failing to supervise the fraternity activities or pledges;

W. Failing to educate the fratemity members and pledges;

X. Failing to properly monitor, supervise, control and regulate fratemity-sponsored

activities such as the event subject to this suit;

Y. Failing to properly train, educate, inform, monitor, and supervise fratemity

chapter advisers participating in the planning and hosting of the event subject to

P: AINTH lb DHHSINM pl Tll 7H

 this suit;

Z. Failing to properly monitor the safety and welfare of the attendees of the event

hosted by the defendants;

AA. allowing reckless and unsafe conditions to exist at the event, such as

allowing buses to dnve recklessly through crowds of intoxicated persons in the

poorly lit event premises with little to no security to ensure safety of the

attendees;

BB. failing to educate chapters, members, and/0r pledges of the rules and

appropriate measures to be taken for hosting events to ensure the safety of the

attendees, including preventing harmful and dangerous activities such as underage

drinking, and inadequate security.

The acts and/or omissions of Defendants described herein above which Defendants

breached such duty constitute a proximate cause of the damages of Plaintiff for which

Defendants are liable.

Per Se
_g_gNelience
SMTX.NEWS
Plaintiffs incorporate by reference and realleges the paragraphs above the same as if set

out at length.

Defendants are liable under Texas Alcoholic Beverage Code 2.02(b) and 32.11 for

selling and/or serving alcoholic beverages to persons under the age of 21 and also servm'g

alcoholic beverages without a permit which proximately caused the injury and death of Jordan

Taylor. Defendants, including the members of the Fraternities are liable individually and under

the doctrine of respondeat superior.

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 Defendants are vian'ously liable for the acts of its/their agents that injured Jordan Taylor

which the agents committed on behalf of Defendants who approved the acts by word. act,

conduct, anchor a continuing course of conduct after acquiring full knowledge of the act or

continuing course of conduct, and Defendants implicit or explicit approval was given with the

intention of giving validity to the agents acts.

G___g_g_ross
Nelience

Plaintiffs incorporate by reference and re-alleges the paragraphs above the same as if set

out at length.

Plaintiffs' injuries resulted from Defendants gross negligence, which entitle plaintiffs to

exemplary damages under Texas Civil Practice & Remedies Code section 4 l .003(a).

Vicarious Liabilitv

Plaintiffs" incorporate by reference and re-alleges the paragraphs above the same as if set

out at length.
SMTX.NEWS
The Fratemity Defendants are liable for the negligent and grossly negligent acts and 'or

omissions of the local chapters, officers, members. agents, employees, alumni, and'or

representatives of the Fratemities as these chapters. officers, members, agents. employees,

alumni. and or representatives failed to exercise the ordinaiy care of a reasonably prudent person

under the same or similar circumstances.

PLAINTIFFS CLAIMS FOR PARTICIPATORY LIABILITY AGAINST ALL

DEFENDANTS

Plaintiffs incorporate by reference and re-alleges the paragraphs above the same as if set

out at length.

All Delendants knew that the conduct of some or all of the other Defendants" conduct
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constituted a tort or wrongful act against the plaintiff, however each Defendant contn'buted to the

tort or wrongful act by allowing for the

PLAINTIFFS CLAIM FOR DAMAGES FOR WRONGFUL DEATH BY FREDDIE

JOEY TAYLOR, JR., AS SURVIVING PARENT OF JORDIN EMILY TAYLOR,
DECEASED AGAINST ALL DEFENDANTS

Plaintiffs incorporate by reference and re-alleges the paragraphs above the same as if set

out at length.

This claim for damages resulting from the wrongful death of Jordin Emily Taylor,

hereinafter called "the decedent" is brought by Freddie Joey Taylor, Jr., surviving father,

pursuant to Texas Civil Practice and Remedies Code, 71.001 et. seq. This claim is based upon

the facts and legal theories more fully set out herein.

At the time of death, the decedent was in reasonably good health with a normal life

expectancy.
SMTX.NEWS
The decedent was a loving and dutiful child and provided reasonable services to parent.

Decedent also provided parent with joy, happiness and anticipation of all the pleasures that a

child can provide to parent, as well as the anticipation of care, counsel, advice, nurture, guidance

and affection both to and for parent in the future.

Defendants wrongil acts, negligence, carelessness, and unskillfulness resulted in Jordin

Emily Taylors death.

As a result of the wrongful death of Jordin Emily Taylor, parent has suffered damages in

the past, including termination of the parent-child relationship and severe mental anguish, and

will, in reasonable probability, continue to suffer damages in the future as a direct result of the

wrongful death of Jordin Emily Taylor in an amount within the jurisdictional limits of the court.

PLAINTIFFS SURVIVORSHIP CLAIM AGAINST ALL DEFENDANTS

_
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 Plaintiffs incorporate by reference and re-alleges the paragraphs above the same as if set

out at length.

Defendants wrongful acts, negligence, carelessness, and unskillfulness resulted in Jordin

Emily Taylors death. Moreover, her father, Plaintiff in this lawsuit, also suffered damages.

Consequently, Plaintiff seeks the following damages:

Pain and Mental Anuish: Jordin Emily Taylor suffered terror

a) ;___g_Phsical

immediately before the collision and endured several minutes of excruciating

conscious physical pain, emotional pain, torment, and suffering before her death;

and Burial Exenses: Jordin Emily Taylor died as a result of her injunes
b) _____p__Funeral

and her family incurred expenses for her funeral and burial;

Loss: Plaintiff seeks the loss of care, maintenance, support, services,

c) __r_v_Pecunia

advice, counsel, and reasonable pecuniary contributions;

of Comanionshi and Societ: Plaintiff seeks damages for the loss of

d) ___p__L__yLoss

positive benets owing from the love, comfort, companionship, and society that

Plaintiff would have both received from Jordin Emily Taylor had she lived and

that, in reasonable probability, will sustain in the future;

e) M___g__ental
Anuish for Plaintiffs: Plaintiff seeks relief for emotional pain, torment,

and suffering caused by the death of Jordin Emily Taylor in the past and in the

future; and

f) P________g_unitive
SMTX.NEWS
Damaes: Plaintiff seeks to punish Defendants for their' irresponsible

behavior and request the jury award a fair amount of punitive damages.

All conditions precedent to Plaintiffs right to recover the relief sought herein. have

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occurred or have been performed.

Plaintiff seeks damages within the jun'sdictional limits of this court.

EXEMPLARY DAMAGES

Plaintiffs incorporate by reference and re-alleges the paragraphs above the same as if set

out at length.

Defendant Skyline Party Bus Co., LLC's acts or omissions described above, when viewed

from the standpoint of Defendant Skyline Party Bus Co., LLC at the time of the act or omission,

involved an extreme degree of risk, considering the probability and magnitude of the potential

harm to Plaintiffs and others. Defendant Skyline Party Bus Co., LLC had actual, subjective

awareness of the risk involved in the above described acts or omissions, but nevertheless

proceeded with conscious indifference to the rights, safety, or welfare of Plaintiffs and others.

Based on the facts stated herein, Plaintiffs request exemplary damages be awarded to

Plaintiffs from Defendant Skyline Party Bus Co., LLC.

Defendant Gabriela Wilson's acts or omissions described above, when viewed from the

standpoint of Defendant Gabriela Wilson at the time of the act or omission, involved an extreme

degree of risk, considering the probability and magnitude of the potential harm to Plaintiffs and

others. Defendant Gabriela Wilson had actual, subjective awareness of the risk involved in the

above described acts or omissions, but nevertheless proceeded with conscious indifference to the

rights, safety, or welfare of Plaintiffs and others.

SMTX.NEWS
Based on the facts stated herein, Plaintiffs request exemplary damages be awarded to

Plaintiffs from Defendant Gabriela Wilson.

Defendant VC D San Marcos River, LLC's acts or omissions described above, when

viewed from the standpoint of Defendant VC D San Marcos River, LLC at the time of the act or
_
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omission, involved an extreme degree of n'sk, considen'ng the probability and magnitude of the

potential harm to Plaintiff and others. Defendant VC D San Marcos River, LLC had actual,

subjective awareness of the n'sk involved in the above descnbed acts or omissions, but

nevertheless proceeded with conscious indifference to the ghts, safety, or welfare of Plaintiff

and others.
SMTX.NEWS
Based on the facts stated herein, Plaintiff requests exemplary damages be awarded to

Plaintiff from Defendant VC D San Marcos River, LLC.

Defendant Burleson SMTX Properties, LLC's acts or omissions described above, when

viewed from the standpoint of Defendant Burleson SMTX Properties, LLC at the time of the act

or omission, involved an extreme degree of n'sk, considering the probability and magnitude of

the potential harm to Plaintiff and others. Defendant Burleson SMTX Properties, LLC had

actual, subjective awareness of the risk involved in the above described acts or omissions, but

nevertheless proceeded with conscious indifference to the rights, safety, or welfare of Plaintiff

and others.

Based on the facts stated herein, Plaintiff request exemplary damages be awarded to

Plaintiff from Defendant Burleson SMTX Properties, LLC.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiffs, Freddie Joey Taylor, Jr.,

Individually and Freddie Joey Taylor, Jr., as Surviving Parent of Jordin Emily Taylor, Deceased,

respectfully pray that the Defendants be cited to appear and answer herein, and that upon a final

hcanng of the cause, judgment be entered for the Plaintiffs against Defendants, jointly and

severally, for damages in an amount within the jun'sdictional limits of the Court; exemplary

damages, as addressed to each Defendant per Section 41.006, Chapter 41, Texas Civil Practice
 and Remedies Code. excluding interest. and as allowed by Sec. 41.008, Chapter 41. Texas Civil

Practice and Remedies Code. together with pre-judgment interest (from the date of injury

through the date of judgment) at the maximum rate allowed by law; post-judgment interest at the

legal rate. costs of court; and such other and further relief to which the Plaintiffs may be entitled

at law or in equity.

Respectfully submitted,

By: /s/ Jim R. Ross

Jim R. Ross
Texas Bar No. 24010362
Amy M. Lorenz
Texas Bar No. 24073712

JIM ROSS LAW GROUP, RC.

2301 E. Lamar Blvd.
Suite 175
Arlington, Texas 76006
Telephone: 817.275.4100

SMTX.NEWS Facsimile: 817.275.4106

Email: litigationVaVjimrosslawcom

David G. Pfeuffer
Texas Bar No. 15888500
Brazle & Pfeuffer
170 E. San Antonio St.
New Braunfels, Texas 78130
830-629-8008
Fax 830629-2161

Attorney for Plaintiffs

Freddie Joey Taylor, Jr.. Individually and
Freddie Joey Taylor, Jr., as Survivm'g Parent
ofJordin Emily Taylor. Deceased

PLAINTIF FS HEREBY DEMAND TRIAL BY JURY