NO.

__________________________
GEORGE NASH
Plaintiff,

V.
JOHN WILEY PRICE
Defendant.

IN THE DISTRICT COURT

__________ JUDICIAL DISTRICT

OF DALLAS COUNTY, TEXAS

PLAINTIFF'S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES George Nash, hereinafter called Plaintiff, complaining of and about John
Wiley Price, hereinafter called Defendant, and for cause of action shows unto the Court the
following:
DISCOVERY CONTROL PLAN LEVEL
1.

Plaintiff intends that discovery be conducted under Discovery Level 3 of Texas

Rule of Civil Procedure 190.4.

PARTIES AND SERVICE
2.

Plaintiff, George Nash, is an individual who resides in Arlington, Tarrant County,

3.

Defendant John Wiley Price, an individual who is a resident of Texas and current

Texas.

Dallas County Commissioner for District 3, may be served with process at his place of
employment at Dallas County Commissioner No. 3, 411 Elm Street, 2nd Floor, Dallas, Texas
75202. Service of said Defendant as described above can be effected by personal delivery.
JURISDICTION AND VENUE
4.

The subject matter in controversy is within the jurisdictional limits of this court.

5.

Plaintiff seeks monetary relief in accordance with T.R.C.P 47(c)(4) and in excess
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of the minimum jurisdictional limits of this Court.

6.

This court has jurisdiction over the parties because Defendant is a Texas resident.

7.

Venue in Dallas County is proper in this cause under Sections 15.002(a)(1) and

(2) of the Texas Civil Practice and Remedies Code because all or a substantial part of the events
or omissions giving rise to this lawsuit occurred in this county and because the Defendant resides
in this county.
FACTS
8.

In the lead up to the general elections set for Tuesday, March 1, 2016, a local

radio station scheduled a debate on Monday, February 22, 2016 between candidates running for
the position of Dallas County Commissioner. The station invited the candidates and teams to
attend. Included in the invitation were current Dallas County Commissioner John Wiley Price,
the incumbent, and aspiring candidates Dwaine Caraway, former Dallas City Council Member,
Cedric Davis, and Micah Phillips. Plaintiff Nash is a volunteer member of Mr. Caraways team
and was invited by Mr. Caraway to accompany him to the debate.
9.

The radio show debate progressed, and at some point devolved into personal

attacks on character and insults between the candidates. The verbal exchange escalated into a
physical confrontation with Plaintiff Nash attempting to act as a barrier between Defendant Price
and Mr. Caraway. Defendant Price reached for Plaintiff Nash and yanked him by his left arm,
shouting profanity at him and placing him in apprehension of imminent bodily injury. Mr. Price
then grabbed Plaintiff Nash by the throat and lifted him off the floor, causing him injury.
CLAIM FOR CIVIL ASSAULT AND BATTERY
10.

Plaintiff Nash incorporates all previous paragraphs herein by reference.

11.

Defendant Price intentionally, knowingly, or recklessly physically attacked

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Plaintiff Nash. Plaintiff Nash suffered injuries as a result of Defendant Prices physical attack
and contact. The resulting bodily injury to Plaintiff Nash was foreseeable to Defendant Price.
12.

Defendant Price intentionally or knowingly caused physical contact with Plaintiff

Nash when Defendant Price knew or should have reasonably believed that Plaintiff would regard
his contact as offensive or provocative.
DAMAGES FOR PLAINTIFF
13.

Plaintiff Nash incorporates all previous paragraphs herein by reference.

14.

Defendant Prices egregiously wrongful conduct resulted in and proximately

caused injury to Plaintiff Nash. Plaintiff seeks damages allowed in the State of Texas in an
amount within the jurisdictional limits of the Court. The damages include past and future
physical pain and mental anguish, past and future emotional distress and future medical
expenses. Plaintiff also seeks pre-judgment and post-judgment interest in accordance with Texas
Finance Code Section 304.001 et seq. and any other applicable law.
PRAYER
15.

WHEREFORE,

PREMISES

CONSIDERED,

Plaintiff,

George

Nash,

respectfully prays that the Defendant John Wiley Price be cited to appear and answer herein, and
that upon a final hearing of the cause, judgment be entered for the Plaintiff against Defendant for
damages in an amount within the jurisdictional limits of the Court; together with pre-judgment
interest 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 Plaintiff may be entitled at law or in equity.

Respectfully submitted,
The Law Offices of Kenneth G. Wincorn &
Associates, P.C.
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By: /S/ Kristin A. Regel

Kristin A. Regel
Texas Bar No. 24000221
Email: Kregel@wincorn.com
100 N. Central Expy. Ste 1310
Richardson, TX 75080
Tel. (214) 630-1221
Fax. (214) 630-2155
Attorneys for Plaintiff
George Nash

PLAINTIFF HEREBY DEMANDS TRIAL BY JURY

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