COMES NOW, Plaintiff, John Doe, and files this Original Petition and Request for

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1 DC NO. FILED DALLAS COUNTY 7/14/2014 4:48:09 PM GARY FITZSIMMONS DISTRICT CLERK Sacheen Anthony JOHN DOE, vs. Plaintiff, TSAS, INC. DBA THE ST. ANTHONY SCHOOL and DAVID GREEN Defendants. IN THE DISTRICT COURT OF DALLAS COUNTY, TEXAS JUDICIAL DISTRICT PLAINTIFF S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Plaintiff, John Doe, and files this Original Petition and Request for Disclosure, complaining of Defendant TSAS, INC., doing business as The St. Anthony School ( hereinafter St. Anthony ), and shows the Court the following: 1. Discovery Control Plan 1.01 Discovery is intended to be conducted in accordance with a Level 3 Discovery Control Plan pursuant to Tex. R. Civ. P and 190a. 2. Required Pleading of Claims for Relief 2.01 Plaintiff as required by Tex. R. Civ. P. 47 pleads for monetary relief in excess of one million dollars ($1,000,000.00) and therefore Tex. R. Civ. 169 has no application to this action. PLAINTIFF S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page 1

2 3. Parties 3.01 John Doe is identified in this lawsuit by pseudonym to protect the identity of Doe, a child victim of sexual assault by his teacher, Defendant David Green, at The St. Anthony School located in Carrollton, Dallas County, Texas. Pursuant to Texas Civil Practice and Remedies Code the last three numbers of Plaintiff s Social Security Number are 548. The last three numbers of Plaintiff driver s license are 586. The true identity of Doe will be made known to the Defendants and to the Court by confidential communication. Any efforts to disclose the Plaintiff victim s identify by the Defendants or any other party would re-victimize Doe and his family and subject him to further abuse. The Plaintiff therefore requests that the Court allow this suit to be prosecuted by Plaintiff under pseudonym Defendant The St. Anthony School is upon information and belief a domestic nonprofit corporation, located at 2030 N. Denton Drive, Carrollton, Texas It may be served with process by serving its owner and Executive Director and agent for service of process Tony Cinquepalmi at 2030 N. Denton Drive, Carrollton, Texas Defendant The St. Anthony School is sued in all of its assumed, common, or business names, pursuant to the TEX. R. CIV. P. Rule 28 and notice is hereby given so that real parties in interest may appear and defend this action Defendant David Paul Green (hereinafter Green ) is an individual believed to be a resident of Wills Point, Van Zandt County, Texas. Green is currently incarcerated in the Denton County Jail and may be served with process wherever he may be located. PLAINTIFF S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page 2

3 4. Jurisdiction and Venue 4.01 Venue is proper in this case in Dallas County, Texas pursuant to Texas Civil Practice and Remedies Code (a)(1) because the incidents of sexual abuse made the basis of this case occurred in Dallas County, Texas. This Court has jurisdiction because the amount in controversy exceeds the minimum jurisdictional amounts of the Court. This Court also has personal jurisdiction over Defendant St. Anthony as it is a domestic corporation doing business in Dallas County. The Court has personal jurisdiction over Defendant Green, as the tortious conduct of which Plaintiff complains perpetrated by Green occurred all or in part in Dallas County, Texas while Green was a resident of said County. 5. Statement of Facts 5.01 Defendant The St. Anthony School holds itself out to the public as a private, therapeutic school accredited by The Texas Alliance of Accredited Private Schools for students with special needs. The school s web site describes the school and its faculty in the following manner: St. Anthony: A DFW Therapeutic School with a Nurturing Environment A therapeutic school in the Dallas Fort Worth Area, the St. Anthony School provides a nurturing environment for students with learning differences. We specialize in: Asperger s, High Functioning Autism, PDD-NOS, Bipolar, Anxiety, Sensory Integration, Spectrum Disorders and ADD/ADHD. Our staff is comprised of the finest professionals in the field. Many have Master s Degrees and we have Licensed Professional Counselors sharing time in the classroom. Many of our teachers are Special Education Specialists. Our teachers and therapists have many years of clinical experience from hospitals and treatment centers, as well as private and public school systems. In furtherance of its business, St. Anthony employs teachers as its agents in advancement PLAINTIFF S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page 3

4 of its stated goals. At the time of most of the the sexual abuse suffered by John Doe, Defendant St. Anthony employed Defendant Green as a teacher. Defendant Green a co-founder of the school with Tony Cinquepalmi, its current executive director, also acted as an administrator of the school at all times pertinent to Plaintiff s claims in this action As a child John Doe suffered from certain learning challenges. In their search for a school that would provide their son with a highly-structured, mentoring educational environment, Doe s Parents learned of St. Anthony. Defendant St. Anthony represented to Doe s parents that it was a safe environment for their son, staffed with highly-qualified teachers in a highly-supervised environment to address their child s special needs. After careful research and evaluation, the Parents of Doe relied on these representations when they enrolled their son during his ninth grade year at St. Anthony s during the academic year One of the finest professional teachers at St. Anthony s was David Paul Green (hereinafter Green ), one of Doe s teachers who was also an administrator at the school having been one of the school s co-founders. It was during his ninth grade year when Doe was 15 years old and Green was 56 years old, that Green began grooming Doe and giving him special attention in order to gain his trust to sexually prey on him. Green repeatedly made advances toward Doe while the boy was at school and on a number of occasions in view of other students, faculty and staff engaged in inappropriate touching of John Doe. On a number of occasions Green also induced Doe into his office on the school premises and gave him alcohol and thereafter engaged in inappropriate touching of the child The previously-described grooming by Green began to escalate into increasinglyaggressive physical sexual overtures. Green began taking Doe to his home where he sexually assaulted him on numerous occasions many times after giving the boy alcohol. Green continued his PLAINTIFF S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page 4

5 sexually-assaultive and tortious behavior toward John Doe even after John Doe achieved his majority Green was recently charged with four counts of sexual assault and one count of indecency with a child. (See Exhibit 1 attached, press release of the The Carrollton Police Department regarding Green s arrest and charges filed against him relating to John Doe and other victims) The criminal investigation revealed that, prior to and subsequent to Green physically and sexually assaulting Doe, he had groomed and had inappropriate communications with and sexually assaulted at least three other minor victims who were students at The St. Anthony School. 6. Causes of Action Against Defendant St. Anthony s School 6.01 RESPONDEAT SUPERIOR AND VICARIOUS LIABILITY: At all times material herein, Green was part of and employed as a teacher and administrator by Defendant St. Anthony, and was under the school s direct supervision and control when he engaged in inappropriate sexual contact with Doe. Defendant Green was introduced and acquainted with Doe and gained access in order to groom and abuse him because of his status and position as a teacher and administrator at St. Anthony. Thus, Green s position with St. Anthony was a necessary precursor in order for him to gain access to his victim. Green engaged in this wrongful conduct while in the course and scope of his employment with St. Anthony. Therefore, Defendant St. Anthony is liable for the wrongful conduct of Defendant Green under the theories of Respondeat Superior, agency, apparent agency, agency by estoppel, Restatement of Agency Section 213, vice PLAINTIFF S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page 5

6 principal, and vicarious liability (non-delegable duty) by virtue of and including but not limited to the following acts: a. intentionally, knowingly, or recklessly causing bodily injury to Doe under TEXAS PENAL CODE 22.01(a)(1); b. intentionally or knowingly causing offensive or provocative physical contact with Doe under TEXAS PENAL CODE 22.01(a)(3); c. intentionally, knowingly, or recklessly causing serious bodily injury to him under TEXAS PENAL CODE 22.01(a)(1); d.. engaging in sexual contact with a child younger than 17 years or causes the child to engage in sexual contact, under TEXAS PENAL CODE 21.11(a)(1). e. committing sexual assault and indecency with a child under TEXAS PENAL CODE and 21.11(a)(1) These acts were a proximate cause of damage to Plaintiff NEGLIGENCE: Plaintiff pleads negligence against St. Anthony. St. Anthony failed to exercise the ordinary care of a reasonably prudent private school that represented it specialized in children with learning disabilities. It negligently supervised and retained Green in a position of trust, confidence and authority when it knew or should have known of his dangerous sexual propensities. St. Anthony further failed to investigate Green s improper interactions with students. At all times relevant hereto, Defendant owed a duty to students and parents of students to protect students from injury, harm or danger. Defendant negligently and grossly negligently failed to meet those duties in a manner consisting of the following: a. failure to select, perform background checks, hire, train and retain teachers competent to be trusted with welfare and safety of minor students; b. failure to supervise, manage, train, monitor, or oversee all teachers, including Green, to ensure that teachers are not engaged in inappropriate conduct during school hours or on school property; PLAINTIFF S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page 6

7 c. failure to supervise, manage, monitor or oversee all teachers, including Green, to ensure that they are properly trained with respect to limitations on personal interactions with students, how to recognize violations of appropriate boundaries, and to whom and under what circumstances such violations should be reported; d. failure to supervise, manage, monitor or oversee the safety of students on school property to prevent sexual predation or assault of minor students; e. failure to formulate, adopt, and enforce adequate rules, policies, and procedures with respect to the appropriate level of contact between teachers and students; f. failure to formulate, adopt, and enforce adequate rules, policies, and procedures with respect to the safety of students on school property to prevent sexual predation or assault of minor students; g. failure to prevent the assault of Doe; and h. failure to prevent the sexual assault of Doe; As a direct and proximate result of Defendant St. Anthony s acts or omissions as set forth above, it was foreseeable to a person of ordinary prudence that a student, including Doe, would be exposed to a danger of injury and be harmed, such that Defendant's acts or omissions are the proximate cause of Plaintiff s damages NEGLIGENT MISREPRESENTATION AND FRAUD: Plaintiff incorporates the above paragraphs by reference. Plaintiff pleads negligent misrepresentation against the St. Anthony for its representations about Green s character and fitness. St. Anthony s misrepresented that Green was a safe mentor and role model for children such as Doe who are challenged with special needs. Defendant represented to Plaintiff that St. Anthony was a school that would keep safe and nurture students in a protected environment. Based on these representations, Plaintiff s parents enrolled and entrusted Doe to Defendant's safekeeping and control, believing that the school would act consistently with its stated goals. Defendant's representation was made with the intent to PLAINTIFF S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page 7

8 have prospective parents enroll their children, as Plaintiff s parents did, but was either knowingly false or recklessly false because Defendant did not perform the necessary tasks to fulfill those representations, including the following: a. failure to select, perform background checks, hire, train and retain teachers competent to be trusted with welfare and safety of minor students; b. failure to supervise, manage, train, monitor, or oversee all teachers, including Green, to ensure that teachers are not engaged in inappropriate conduct during school hours or on school property; c. failure to supervise, manage, monitor or oversee all teachers, including Green, to ensure that they are properly trained with respect to limitations on personal interactions with students, how to recognize violations of appropriate boundaries, and to whom and under what circumstances such violations should be reported; d. failure to supervise, manage, monitor or oversee the safety of students on school property to prevent sexual predation or assault of minor students; e. failure to formulate, adopt, and enforce adequate rules, policies, and procedures with respect to the appropriate level of contact between teachers and students; f. failure to formulate, adopt, and enforce adequate rules, policies, and procedures with respect to the safety of students on school property to prevent sexual predation or assault of minor students; g. failure to prevent the assault of Doe; and h. failure to prevent the sexual assault of Doe; As a result of Defendant St. Anthony s fraudulent representations, Doe was exposed to and was harmed when he was assaulted as set forth above. The damages cited in this pleading are a proximate result of Plaintiff s reliance on Defendant s fraudulent representations BREACH OF FIDUCIARY DUTY: Plaintiff incorporates the above paragraphs by reference. St. Anthony breached its fiduciary duty and duty of care to act in loco parentis to Doe. Doe was a child under the age of 17 with a learning disability when he attended St. Anthony and PLAINTIFF S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page 8

9 was sexually molested by Green. At all times relevant hereto, St. Anthony owed to Plaintiff fiduciary duties as result of the long relationship between Plaintiff and St. Anthony that resulted in a moral, social and personal relationship of trust and confidence, such that Plaintiff was able to justifiably rely upon the belief that St. Anthony had superior knowledge of the circumstances at the school and would act in his best interests. These duties included the duty of loyalty, candor, and good faith and the duty to act with integrity of the strictest kind. St. Anthony breached this fiduciary duty by representing to Doe and his parents that the school was going to protect him. Despite the confidence that Plaintiff and his parents put into the school to act in their best interests, St. Anthony abused this confidence. Defendant's breach of fiduciary duty was a proximate cause of the damages to Plaintiff and for which Plaintiff seeks actual damages NEGLIGENT PER SE: Plaintiff pleads that St. Anthony was negligent per se when it violated Texas Penal Code St. Anthony assumed care, custody, and or control of Doe, who was a child under the age of 17 years old and it acted intentionally, knowingly, or recklessly, or with criminal negligence by act or intentionally, knowingly, or recklessly by omission, causing Doe serious 1) bodily injury 2) serious mental deficiency, impairment, or injury, and/or 3) bodily injury Defendant St. Anthony s agent and/or employee, Green, further violated 22.01, 21.11, , and of the TEXAS PENAL CODE. Such violations of these criminal statutes constitute negligence per se. Defendant St. Anthony s was responsible for the acts and/or omissions of its agents, ostensible agents, servants, employees and or representatives in causing assault, battery, and sexual assault, as those terms are defined by law, including the following acts or omissions: PLAINTIFF S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page 9

10 a. intentionally, knowingly, or recklessly causing bodily injury to Doe under TEXAS PENAL CODE 22.01(a)(1); b. intentionally, recklessly or knowingly causing offensive or provocative physical contact with Doe under TEXAS PENAL CODE 22.01(a)(3); c. intentionally, knowingly, or recklessly causing serious bodily injury to him under TEXAS PENAL CODE 22.01(a)(1); d.. intentionally, knowingly, or recklessly engaging in sexual contact with a child younger than 17 years or causes the child to engage in sexual contact, under TEXAS PENAL CODE 21.11(a)(1). e. intentionally, knowingly, or recklessly committing sexual assault and indecency with a child under TEXAS PENAL CODE and 21.11(a)(1) These negligent acts were per se a proximate cause of damage to Plaintiff INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS: Plaintiff pleads intentional infliction of emotional distress against The St. Anthony School RESTATEMENT OF TORTS 302B: Plaintiff asserts that The St. Anthony School is liable for acts and/or omissions pursuant to the Restatement (Second) of Torts, Section 302B, under the legal doctrine of negligent assumption of risk of intentional or criminal conduct. An act or an omission may be negligent if the actor realizes or should realize that it involves an unreasonable risk of harm to another through the conduct of the other or a third person which is intended to cause harm, even though such conduct is criminal. Restatement (Second) of Torts, Section302B RESTATEMENT OF TORTS 311: Plaintiff asserts that The St. Anthony School is liable for acts and/or omissions pursuant to the Restatement (Second) of Torts, Section 311, under the legal doctrine of negligent misrepresentation involving risk of physical harm. (1) One who negligently gives false information to another is subject to liability for physical harm caused by action taken by the other in reasonable reliance upon such information, where such harm results PLAINTIFF S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page 10

11 (a) (b) to the other, or to such third persons as the actor should expect to be put in peril by the action taken. (2) Such negligence may consist of failure to exercise reasonable care (a) (b) in ascertaining the accuracy of the information, or in the manner in which it is communicated. Restatement (Second) of Torts, Section PREMISES LIABILITY: Defendant St. Anthony is liable to Plaintiff for premises liability. Doe was an invitee of The St. Anthony School on its property. Defendant St. Anthony owed a duty of care to those who may be harmed by criminal acts on its premises where it conducted its business when the risk of criminal conduct is so great that it is both unreasonable and foreseeable. Defendant was aware of or should have been aware of criminal acts of assault by Green on its property and breached its duty of care to Plaintiff when it allowed Green to remain on its property, harming Doe RESTATEMENT OF TORTS 317: Plaintiff pleads Restatement 2d of Torts 317: A master is under a duty to exercise reasonable care so to control his servant while acting outside the scope of his employment so as to prevent him from intentionally harming others or from so conducting himself as to create an unreasonable risk of bodily harm to them if : a) the servant b) the master 1) is upon the premises in possession of the master or upon which the servant is privileged to enter only as his servant, or 2) is using a chattel of the master, and PLAINTIFF S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page 11

12 1) knows or has reason to know that he has the ability to control his servant, and 2) knows or should know of the necessity and opportunity for exercising such control NEGLIGENT UNDERTAKING UNDER RESTATEMENT (SECOND) OF TORTS 323: St. Anthony undertook, for consideration, to provide educational services and protection for its students, including Doe, pursuant to Restatement of Torts 323. St. Anthony should have recognized as necessary the protection of Doe s person and promulgated or should have promulgated policies and procedures to protect minor students, including Doe, as set forth above. Plaintiff suffered harm as a result of St. Anthony s failure to exercise reasonable care in providing services to minor students, including Doe, as set forth above. Defendant's failure to exercise reasonable care increased the Plaintiff s risk of harm, or in the alternative, Plaintiff was harmed in reliance upon Defendant's representation that St. Anthony provided a safe and nurturing environment for its students The acts and or omissions of Defendant St. Anthony as plead in paragraphs proximately caused injuries to Plaintiff Defendant St. Anthony at the time and on the occasions in question acted with heedless and reckless disregard of the safety of Plaintiff John Doe and others, which disregard was the result of conscious indifference to the rights, welfare and safety of John Doe and others in violation of the laws of the State of Texas, and therefore it is liable for gross negligence Plaintiff John Doe asserts that Defendant St. Anthony is liable and the applicable statute of limitations are tolled for John Does claims pursuant to the doctrines of continuing tort, unsound mind, duress, fraud, fraudulent concealment, quasi and/or equitable estoppel and the PLAINTIFF S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page 12

13 discovery rule. 7. Causes of Action Against Defendant Paul David Green 7.01 Green was a teacher in the employ of and administrator of The St. Anthony School and at all times relevant to the Plaintiff s claims in this action Green knew of his own dangerous sexual propensities toward minor children Green sexually molested John Doe on several occasions from 2004 to Green had sexual contact with John Doe and thereby assaulted him when he knew or should have reasonably believed that such contact would be provocative and/or offensive to John Doe. Plaintiff pleads assault and battery against Green Defendant Green s sexual abuse resulted in the infliction of emotional distress on John Doe when he engaged in inappropriate sexual contact with him Defendant Green violated Sections 21.11, , and of the Texas Penal Code when he engaged in the above described sexual contact with John Doe. Such violation of these criminal statutes constitute negligence per se Defendant Green maintained himself in a position of trust, confidence and authority as an administrator and teacher and used this trust, confidence and authority to sexually abuse John Doe Green knowingly breached this fiduciary relationship when he sexually violated John Doe which proximately caused damages to him Plaintiff John Doe pleads Green was negligent in his conduct towards him Plaintiff pleads fraud against Green for intentional misrepresentations as well as nondisclosure related to his character and propensity to sexually abuse children. PLAINTIFF S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page 13

14 7.11 Green at the time and on the occasions in question acted with heedless and reckless disregard for the safety of John Doe, which disregard was the result of conscious indifference to the rights, welfare and safety of John Doe and others in violation of the laws of the State of Texas, and therefore he was grossly negligent Plaintiff John Doe asserts that Green is liable and the applicable statutes of limitations are tolled for John Does claims pursuant to the doctrines of continuing tort, unsound mind, duress, fraud, fraudulent concealment, quasi and/or equitable estoppel, and the discovery rule. 8. Damages 8.01 As a direct and proximate result of the negligent acts and/or omissions of the Defendants as set out above, Plaintiff has incurred medical and/or counseling expenses in the past and in all reasonable probability will incur medical and/or counseling expenses in the future As a direct and proximate result of the negligent acts and/or omissions of Defendants as set out above, Plaintiff has experienced physical pain and suffering, and bodily injury As a direct and proximate result of the negligent acts and/or omissions of Defendants as set out above, Plaintiff has suffered severe mental anguish in the past and in all reasonable probability will sustain severe mental anguish in the future As a direct and proximate result of the negligent acts and/or omissions of Defendants as set out above, Plaintiff has suffered past physical impairment and will in all reasonable probability sustain future physical impairment damages All of the above have resulted in damages which are within the jurisdictional limits of this Court, for which Plaintiff now pleads against Defendants. PLAINTIFF S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page 14

15 9. Claim for Pre-Judgment and Post-Judgment Interest 9.01 Plaintiff herein claims interest in accordance with Texas Finance Code, , et seq. and any other applicable law. in this case. 10. Demand for Jury Trial Plaintiff demands that a jury be empaneled to hear and decide the issues presented 11. Request for Disclosure Pursuant to Tex. R. Civ , Plaintiff requests that Defendants make those disclosures required by sub-parts (a-i, k & l) of said Rule within 50 days of the service of this Request. 12. Prayer Plaintiff prays that, upon final determination of these causes of action, Plaintiff have a judgment against Defendants TSAS, Inc. DBA The St. Anthony School and David Paul Green awarding him the following: a. Actual and compensatory damages in an amount in excess of the minimal limits of the Court against Defendant TSAS, Inc. DBA The St. Anthony School and Defendant David Paul Green; b. Costs of Court; c. Prejudgment interest at the highest rate allowed by law from the earliest time allowed by law; d. Interest on judgment at the highest legal rate from the date of judgment until collected; and PLAINTIFF S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page 15

16 e. Exemplary damages; f. All such other and further relief at law and in equity to which the Plaintiff may show himself to be justly entitled. Respectfully submitted, /s/ Lori Watson State Bar No Law Offices of Lori Watson, PLLC 2713 Black Sage Suite 100 Plano, Texas Telephone: Telefax: Attorney for Plaintiffs /s/ Hal Browne Hal M. Browne State Bar No Law Offices of Hal Browne, PLLC 2713 Black Sage Suite 100 Plano, Texas Telephone: Telefax: Attorney for Plaintiffs ATTORNEYS FOR PLAINTIFFS PLAINTIFF S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page 16

17 Carrollton Police Department NEWS RELEASE For Immediate Release Friday, July 11, 2014 Contact: Nicole Rodriguez Carrollton Police Department 2025 E Jackson Rd Carrollton, TX pio@cityofcarrollton.co m Past Private School Administrator Arrested for Sexual Assault of Children On Thursday July 10, 2014, David Paul Green, W/M/ , a resident of Wills Point, Texas, was arrested by Carrollton Police. Green had been the administrator of a private school in Carrollton from He was charged with four counts of Sexual Assault with a Child and one count of Indecency with a Child (contact). There is an additional sexual assault charge pending. The suspect is currently being held in the Carrollton Municipal Jail. If anyone has additional information please contact Carrollton Police at Exhibit 1 PLAINTIFF S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page 17

18 EXHIBIT 1 PLAINTIFF S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page 18