1 Molly K.

Howard
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DATSOPOULOS, MacDONALD & LIND, P.C.
2 Central Square Building
201 West Main Street, Suite 201
3 Missoula MT 59802
Telephone: (406) 728-0810
4 Facsimile: (406) 543-0134
Email: mhoward@dmllaw.com
5 mmantei@dmllaw.com

6 Attorney for Plaintiff

8 MONTANA FIRST JUDICIAL DISTRICT COURT

LEWIS AND CLARK COUNTY
9

10 TARA WALKER lYONS, Cause No.

Dept.:
:vl)v Jol~~,)l{7
11 Plaintiff,
KATHY SEELEY
VS.
PRESIDING JUDGE
12
LARRY ATCHISON; and COMPLAINT AND DEMAND FOR
13 john Does 1-5, JURY TRIAL

14 Defendant. P{\ ./
15

16 IDENTITY OF THE PARTIES

17 1. Plaintiff Tara Walker Lyons: Plaintiff Tara Walker Lyons (hereinafter "Plaintiff') is

18 an adult woman who was subjected to child sexual abuse and other harm as a direct

19 and proximate result of the wrongful conduct of Defendant, Larry Atchison (hereinafter

20 "Atchison"). Plaintiff was at all times relevant a resident of lewis and Clark County,

21 Montana.

22

COMPLAINT AND DEMAND FOR JURY TRIAL PAGE 1 OF 5

 1 2.

At all times material hereto, Defendant Atchison was a resident of Lewis and

2 Clark County, Montana.

3 3. Defendants John Doe 1-5 are persons whose identities are as yet undetermined,

4 but who may have liability for Plaintiff's claims.

5 JURISDICTION AND VENUE

6 4. Jurisdiction and venue over this matter, upon filing of this Complaint and Demand

7 for Jury Trial, rests with this Court pursuant to M.R.Civ.P. 4B and M.e.A. 25-2-118(1).

8 Plaintiff's injuries and the underlying causes of action arose from child sexual abuse

9 which occurred in Lewis and Clark County, Montana, between 1994 and 2001.

10 GENERAL ALLEGATIONS

11 5. Plaintiff incorporates by reference all other paragraphs of this Complaint as if fully

12 set forth herein.

13 6. Atchison sexually abused Plaintiff not less than three to four times per month,

14 every month, during the years of 1994, 1995, 1996, 1997, 1998, 1999,2000, and 2001.

15 Plaintiff was 6 years old when the abuse began in 1994.

16 7. At all times material hereto, Atchison acted in a manner likely to produce great

17 bodily and emotional harm to Plaintiff.

18 8. At all times material hereto, Plaintiff suffered sexual and emotional abuse by

19 Atchison. The child sexual abuse of Plaintiff took a variety of forms. The abuse included,

20 but was not limited to, forced fondling of mouth, breasts and genitals, digital vaginal

21 penetration, vaginal intercourse, and biting of other areas of the body.

22

COMPLAINT AND DEMAND FOR JURYTRIAL PAGE20F 5

 1 9.

Plaintiffs cause of action did not begin to accrue until she discovered the acts,

2 abuse and/or exploitation and its causal relationship to her injuries and/or damages.

3 FIRST CAUSE OF ACTION

CHILDHOOD SEXUAL ABUSE
4 [Plaintiff v. Atchison]

5 10. Plaintiff incorporates by reference all other paragraphs of this Complaint as if fully

6 set forth herein.

7 11. At all times material hereto, Atchison negligently or intentionally sexually abused

8 Plaintiff while Plaintiff was a child.

9 12. Plaintiff suffered multiple severe injuries and damages as a direct result of the

10 child sexual abuse, including but not limited to physical injuries, physical and emotional

11 pain and suffering, depression, anxiety, substance abuse, and Post Traumatic Stress

12 Disorder.

13 13. Atchison's negligent or intentional conduct against Plaintiff directly and

14 proximately caused damages to Plaintiff.

15 14. Plaintiffs injuries and damages are permanent, progressive and disabling. These

16 damages include both severe physical and emotional injury. These damages include

17 special and general damages to be proven at the time of trial, in an amount now

18 unknown. Plaintiff's claimed damages specifically include all damages allowed by

19 statute and common law.

20 15. Plaintiff did not connect her various injuries to Atchison's child sexual abuse until

21 undergoing formal substance abuse treatment in 2014.

22

COMPLAINT AND DEMAND FOR JURY TRIAL PAGE 3 OF 5

 1
SECOND CAUSE OF ACTION

PUNITIVE DAMAGES
2 [Plaintiff v. Atchison]

3 16. Plaintiff incorporates by reference all other paragraphs of this Complaint as if fully

4 set forth herein.

5 17. At all times material hereto, Atchison acted in conscious or intentional disregard

6 for the high probability of injury to Plaintiff when he repeatedly sexually abused Plaintiff

7 while she was a minor child.

8 18. Such acts were committed when it was foreseeable that such acts would cause

9 serious bodily injury to Plaintiff and with wanton and reckless disregard of the harmful

10 results.

11 19. Atchison acted with malice because he knew that his actions created a high

12 probability of injury to Plaintiff or intentionally disregarded that his actions created a high

13 probability of injury to Plaintiff. Atchison, at all times relevant, performed actions that

14 were certain or substantially certain to result in the consequences complained of herein.

15 WHEREFORE, Plaintiff demands judgment against Defendant for damages as

16 follows:

17 1. Plaintiff's special damages, in an amount to be proven at trial:

18 2. Plaintiff's general damages, in an amount to be proven at trial;

19 3. For punitive damages, in an amount sufficient to serve as a warning and example

20 to others;

21 5. Plaintiff's costs, including reasonable attorney's fees, as permitted by law; and,

22

COMPLAINT AND DEMAND FOR JURY TRIAL PAGE40F 5

 1 6.

For such other and further relief as the Court deems just and equitable under the

2 relevant circumstances.

3 JURY TRIAL DEMAND

4 Plaintiff demands a trial by jury on all issues so triable.

5 DATED this '2.~ day June, 2016.

6 DATSOPOULOS, MacDONALD & LIND, P.C.

8 BY:___"~_~ _

9 Molly Howard

10 Attorneys for Plaintiff

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COMPLAINT AND DEMAND FOR JURY TRIAL PAGE 50F 5