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S-17-5294CV-C

CAUSE

MARY KRISTENE CHAPA

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V.

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DAVID M. STRICKLAND,

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LARRY JOE STRICKLAND, and

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TAFT PHARMACY

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IN THE DISTRICT COURT OF

SAN PATRICIO COUNTY, TEXAS

San Patricio County - 343rd District Court

JUDICIAL DISTRICT

JURY TRIAL DEMANDED

PLAINTIFF’S ORIGINAL PETITION

NOW COMES Plaintiff Kristene Chapa, complaining of Defendants David M. Strickland,

Larry Joe Strickland and Taft Pharmacy, and for cause of action would respectfully show this

Honorable Court the following:

I. FACTUAL BACKGROUND

On or about June 23, 2012, David M. Strickland kidnapped Plaintiff Mary Kristene Chapa

and her companion Mollie Olgin at Violet Andrews Park in Portland, Texas. Strickland, who knew

neither young woman, bound the women, blindfolded them with duct tape, and then sexually

assaulted them. After these heinous acts, Strickland shot both Chapa and Olgin in the head with a

.45 caliber pistol and left them for dead. The bullet from Strickland’s gun pierced Chapa’s brain.

Chapa miraculously survived, and was found the next morning by a couple in the park. Olgin was

not as fortunate; she died from the gunshot wound.

David Strickland was ultimately charged with capital murder, aggravated sexual assault

and aggravated assault.

Throughout the criminal process, Strickland showed absolutely no

remorse for his actions. Indeed, he sneered at Chapa and her family throughout the criminal trial,

and cavalierly maintained he was not guilty despite the overwhelming evidence against him. A

Processed On: 4/12/2017 4:22:42 PM By:Melinda Barrientes, Deputy Clerk

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Filed 4/12/2017 11:39:26 AM Laura M. Miller District Clerk

San Patricio County, Texas

San Patricio County jury found Strickland guilty of murder in 2016. He was sentenced to life in

prison without parole.

Although she survived, Chapa’s life is forever altered. She has tunnel vision; she walks

with a limp; and she has undergone extensive physical rehabilitation and medical treatment. She

will need treatment and substantial assistance with daily tasks for the balance of her life.

In the commission of his crimes, David Strickland used a .45 caliber Glock pistol acquired

due to the efforts of his father, Larry Joe Strickland. Larry Joe Strickland was well aware of his

son’s violent tendencies, but did nothing to warn others or take action to stop his son’s proclivities.

Instead, Larry Joe Strickland and the business he owns, Taft Pharmacy, facilitated, encouraged,

aided and abetted, either intentionally or negligently, David Strickland’s reprehensible actions.

Chapa brings this suit to recover damages for her medical costs, physical pain and

suffering, mental anguish, and future medical costs.

She seeks punitive damages to punish the

Defendants. This case seeks in excess of $500 million dollars.

II. DISCOVERY PLAN

Plaintiff intends to conduct discovery under Level 2 of the Texas Rules of Civil Procedure.

III. PARTIES

Plaintiff Mary Kristene Chapa is an individual who resides in Texas.

Defendant David M. Strickland is an individual currently in the custody of the Texas

Department of Criminal Justice, Michael Unit.

Defendant’s full name is David Malcom

Strickland, and his TDCJ ID number is 02098157. Defendant may be served through the Anderson

County Sheriff’s office at Anderson County, Sheriff's Office, Attn: Civil Division, 1200 E. Lacy

Street, Palestine, Texas 75801, who will then serve it upon the Law Library at the Michael Unit,

2664 FM 2054, Tennessee Colony, Texas 75886.

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Defendant Larry Joe Strickland is an individual who resides in Texas. Defendant may be

served at 213 Meyers Ave., Taft, Texas 78390, or wherever he may be found.

Defendant Taft Pharmacy is a domestic corporation doing business in Texas. Defendant

may be served through its registered agent: Larry Joe Strickland, 213 Meyers Ave., Taft, Texas

78390.

IV.

VENUE AND JURISDICTION

Venue and jurisdiction are proper. The relief requested is within the jurisdictional limits

of this Court. This is the county in which all or a substantial part of the events or omissions giving

rise to the claim occurred.

V. CAUSES OF ACTION

A. ASSAULT BY INFLICTION OF BODILY INJURY (DAVID STRICKLAND)

Plaintiff re-alleges each aforementioned allegation as if fully set forth herein.

Defendant David M. Strickland acted intentionally, knowingly or recklessly, and made

contact with Plaintiff’s person. This caused serious bodily injury to Plaintiff.

B. ASSAULT BY OFFENSIVE PHYSICAL CONTACT (DAVID STRICKLAND)

Plaintiff re-alleges each aforementioned allegation as if fully set forth herein.

Defendant David M. Strickland acted intentionally or knowingly, and made contact with

Plaintiff’s person. Defendant knew Plaintiff would regard the contact as offensive, yet continued

doing so. Defendant’s contact caused injury to Plaintiff.

C. ASSAULT BY THREAT OF BODILY INJURY (DAVID STRICKLAND)

Plaintiff re-alleges each aforementioned allegation as if fully set forth herein.

Defendant David M. Strickland acted intentionally or knowingly. Defendant threatened

Plaintiff with imminent bodily injury, and this caused injury to Plaintiff.

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D. INTENTIONAL

INFLICTION

OF

EMOTIONAL

DISTRESS

(DAVID

STRICKLAND)

Plaintiff re-alleges each aforementioned allegation as if fully set forth herein.

Defendant David M. Strickland’s conduct was extreme and outrageous.

Defendant’s

intentional or reckless conduct caused Plaintiff severe emotional distress, which she will endure

for the rest of her life.

E. FALSE IMPRISONMENT (DAVID STRICKLAND)

Plaintiff re-alleges each aforementioned allegation as if fully set forth herein.

Defendant David M. Strickland willfully detained Plaintiff, without her consent.

The

detention as without any legal authority or justification. Indeed, the detention was so Defendant

could sexually assault Plaintiff, and then afterward attempt to kill her.

F. AIDING, ABETTING AND ASSISTING (LARRY STRICKLAND)

Plaintiff re-alleges each aforementioned allegation as if fully set forth herein.

Any party who assists the primary actor Strickland also has responsibility, as if the party

actually committed the tort itself. Here, Defendant Larry Strickland provided assistance to David

Strickland, and was a substantial factor in causing the events that unfolded.

G. NEGLIGENT ENTRUSTMENT (LARRY STRICKLAND)

Plaintiff re-alleges each aforementioned allegation as if fully set forth herein.

Defendant Larry Strickland entrusted a firearm to David Strickland. Defendant knew or

had reason to know that David Strickland should not have been entrusted with a firearm.

Defendant knew or should have known David Strickland was incompetent or reckless.

H. AGENCY, RESPONDEAT SUPERIOR, VICARIOUS LIABILITY (LARRY STRICKLAND, TAFT PHARMACY)

Plaintiff re-alleges each aforementioned allegation as if fully set forth herein.

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Defendant David Strickland was an agent and/or servant of Defendants Larry Strickland

and Taft Pharmacy, where he worked.

Defendants are responsible for the conduct of David

Strickland due to the relationship that existed, and other acts and omissions of negligence which

may be shown during the trial of this cause.

I. NEGLIGENCE (ALL DEFENDANTS)

Plaintiff re-alleges each aforementioned allegation as if fully set forth herein.

Defendants had a duty to exercise ordinary care, yet breached this duty. Such negligence

was a proximate cause of Plaintiff’s injuries.

J. GROSS NEGLIGENCE (ALL DEFENDANTS)

Plaintiff re-alleges each aforementioned allegation as if fully set forth herein.

Plaintiff will further show that the acts and/or omissions of Defendants, as described above,

when viewed objectively from the Defendants’ standpoint, involve an extreme degree of risk

considering the probability and magnitude of the potential harm to others. Defendants had actual

subjective awareness of the risk involved, but nevertheless proceeded in conscious indifference to

the rights, safety, and/or welfare of the others, including Plaintiff.

As such, Defendants’ actions and omissions constitute gross negligence and malice as those

terms are understood by law.

VI.

DAMAGES

Plaintiff seeks damages and prays for judgment for the following:

Physical pain and suffering in the past and future;

Mental anguish in the past and future;

Physical impairment in the past and future;

Medical expenses in the past and future;

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Loss of consortium and companionship in the past and future;

Loss of earning capacity in the past and future;

Loss of household services in the past and future;

Costs of suit;

Prejudgment and post-judgment interest; and

All other relief to which Plaintiff may be justly entitled.

Because of the nature of Defendants’ actions, Plaintiff seeks exemplary and punitive damages

in such amount as may be found proper and just under the facts and circumstances as determined by

the jury.

As Plaintiff’s injuries arose as a result of conduct that violates Sections 22.011 and 22.021

of the Texas Penal Code, governing sexual assault and aggravated sexual assault, there is no cap

on punitive or exemplary damages in this matter.

VII. REQUEST FOR DISCLOSURE

Pursuant to TEX. R. CIV. P. 194, Plaintiff requests that each Defendant disclose within fifty

(50) days of service of this Request for Disclosure, the information and/or material described in Rule

194.2.

VIII.

REQUEST FOR JURY TRIAL

Plaintiff respectfully demands a jury trial and tenders the appropriate fee.

IX.

PRAYER

Plaintiff is entitled to, and prays to recover from Defendants the damages set forth in this

Petition, within the jurisdictional limits of this Court. Plaintiff seeks damages over $500 million.

Plaintiff also seeks post judgment interest at the maximum legal rate, costs of court, and any other

relief to which Plaintiff may be justly entitled.

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Respectfully submitted,

THE BUZBEE LAW FIRM

By: /s/ Anthony G. Buzbee Anthony G. Buzbee State Bar No. 24001820 Email: tbuzbee@txattorneys.com Andrew Dao Email: adao@txattorneys.com State Bar No. 24082895 JPMorgan Chase Tower 600 Travis Street, Suite 7300 Houston, Texas 77002 Tel: (713) 223-5393 Fax: (713) 223-5909 www.txattorneys.com

ATTORNEYS FOR PLAINTIFF