FILED

DALLAS COUNTY
7/11/2017 12:17 PM
FELICIA PITRE
DISTRICT CLERK
Alejandro Rodela
1-CIT-ATTY
DC-17-08124
CAUSE NO. _______________

ANDREA CHRISTIAN, AMBER IN THE DISTRICT COURT OF

HICKS and ZELLA CLEVELAND,

Plaintiffs,

V. DALLAS COUNTY, TEXAS

AT&T INC.,

Defendant. ____ JUDICIAL DISTRICT

PLAINTIFFS ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Andrea Christian, Amber Hicks and Zella Cleveland (collectively, Plaintiffs),

and file this Original Petition against AT&T, Inc. (AT&T or Defendant), and would respectfully

show the Court as follows:

I. DISCOVERY

1. Discovery in this case is intended to be conducted under Level 3 of the Texas Rules

of Civil Procedure. TEX. R. CIV. P. 190.4.

II. PARTIES

2. Plaintiff, Andrea Christian, is an individual citizen of the State of Texas and resides

in McLennan County with her principal address located at 126 Downsville Road, Robinson, Texas

76706. The last three digits of her drivers license number are 262 and the last three digits of her

social security number are 651.

3. Plaintiff, Amber Hicks, is an individual citizen of the State of Texas and resides in

McLennan County with her principal address located at 1015 Caron Street, Robinson, Texas 76706.

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Andrea Christian et al. v. AT&T Inc.
The last three digits of her drivers license number are 320 and the last three digits of her social

security number are 480.

4. Plaintiff, Zella Cleveland, is an individual citizen of the State of Texas and resides in

McLennan County with her principal address located at 7801 Woodway Drive, Woodway, Texas

76712. The last three digits of her social security number are 560.

5. Defendant, AT&T Inc., is a foreign corporation doing business in Texas with its

principal place of business in Dallas, Texas. Defendants Registered Agent for service is CT

Corporation System and can be served with process at 1999 Bryan St., Suite 900, Dallas, Texas

75201-3136.

III. RELIEF

6. Plaintiffs seek monetary relief over $1,000,000. TEX. R. CIV. P. 47(C)(5).

IV. JURISDICTION AND VENUE

7. This Court has jurisdiction over Defendant because Defendant is generally present in

the State of Texas due to its continuous and systematic contacts with and in the State of Texas.

Furthermore, the actions or omissions of Defendant giving rise to Plaintiffs claims arose from

Defendants specific contacts with the State of Texas.

8. Venue is proper in Dallas County because Defendants principal office in this state is

in Dallas County. TEX. CIV. PRAC. & REM. CODE 15.002(a)(3).

V. KENNETH CLEVELANDS DEATH

9. Kenneth Cleveland was a hard-working family man who worked for AT&T as a

service technician in the Waco, Texas area for over forty years. On April 22, 2016, AT&T directed

Kenneth Cleveland to a service call in a dangerous area of Waco, Texas near the intersection of

Barron Avenue and Novelty Street. Kenneth Cleveland arrived at the job at approximately 8:30 a.m.

that morning. He called AT&T at approximately 9:00 a.m. to report that he was experiencing some

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Andrea Christian et al. v. AT&T Inc.
sort of issue and/or altercation. The particular job at hand was a routine service call, after which

Kenneth Cleveland, as was normal practice, would have notified an AT&T dispatcher that he had

completed the job. Yet, despite AT&Ts knowledge that Kenneth Cleveland was alone in a

dangerous area, that he had called a dispatcher at 9:00 a.m. reporting that he was experiencing an

issue and/or altercation at the job location and that he had not contacted a dispatcher within several

hours, AT&T did not attempt to contact or communicate with Kenneth Cleveland before

approximately noon that day. At or around that time, Kenneth Clevelands burning and mutilated

body was discovered in the alleyway behind the house where Kenneth Cleveland was working that

morning. Kenneth Cleveland had been brutally assaulted and subsequently died as a result of his

injuries. Kenneth Clevelands autopsy report shows that he was stabbed over twenty times in the

head, face, and neck. Kenneth Cleveland was also stabbed in the hands, indicating he was fighting

for his life before he died. Kenneth Cleveland also had blunt force contusions to his head, face, and

neck. Kenneth Clevelands autopsy concluded he died as a result of homicidal violence including

blunt force injuries, sharp force injuries, and chop wounds. As of the date of this filing, no arrests

have been made related to Kenneth Clevelands death, and the criminal investigation is on-going.

10. Plaintiffs Andrea Christian and Amber Hicks, Kenneth Clevelands daughters, both

live in the Waco, Texas area and were very close to their father Kenneth Cleveland. Plaintiff Zella

Cleveland is Kenneth Clevelands mother and lived with Kenneth Cleveland before his untimely and

gruesome death.

11. Kenneth Cleveland was a loving and loyal father and/or son to Plaintiffs and

provided care and support for each of the Plaintiffs. Kenneth Clevelands loyalty and devotion to his

family spilled over into his professional life, evidenced by Kenneth Clevelands 40-year tenure with

AT&T and history of leadership within AT&Ts organization. Many times when there was a natural

disaster in the United States, Kenneth Cleveland volunteered to be one of the AT&T employees that

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Andrea Christian et al. v. AT&T Inc.
went to the affected areas to service calls and repair AT&T connections. For example, Kenneth

Cleveland volunteered to go on site and work in the aftermath of Hurricanes Katrina and Sandy.

Kenneth Cleveland was a beloved father and/or son to the Plaintiffs, a loyal employee of AT&T

and a devoted civil servant.

VI. HISTORY OF VIOLENCE TO AT&T EMPLOYEES

12. There is a history of violent attacks on AT&T employees working in dangerous

communities. AT&T service technicians carry valuable equipment and tools with them to each

service call, making them especially vulnerable to potential perpetrators and assailants. AT&T has

internally identified dangerous areas in communities where crime rates are the highest known as

awareness zones and/or red zone neighborhoods (collectively, Red Zone Neighborhoods and

each a Red Zone Neighborhood). AT&T maintained a practice of identifying Red Zone

Neighborhoods for a number of years prior to Kenneth Clevelands death. The area in which

Kenneth Cleveland was assaulted is in a Red Zone Neighborhood identified by AT&T. Despite

identifying Red Zone Neighborhoods and knowing that service technicians were routinely required

to perform work in dangerous areas, AT&T failed to provide adequate protection or emergency

response assistance to Kenneth Cleveland. At the time of Kenneth Clevelands death, AT&T did not

have any policies in place requiring that two technicians be sent together into Red Zone

Neighborhoods, AT&T did not have any type of panic button or safety device for its employees to

utilize in emergencies, and AT&T forbid its employees from carrying any type of personal

protection while in the field.

13. Numerous AT&T employees across the country have been violently assaulted while

in the field, and at least one employee was killed under circumstances similar to the death of

Kenneth Cleveland. Kevin Mashburn, an AT&T service technician of over 40 years, was killed on a

service call for AT&T in Kansas City, Missouri on September 19, 2012. While Mr. Mashburn was

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Andrea Christian et al. v. AT&T Inc.
performing tower repairs in an apartment complex, an assailant robbed and pummeled him to death

with a crowbar taken from Mr. Mashburns work vehicle. The U.S. Department of Labor

Occupational Safety and Health Administration (OSHA) investigated AT&T after Mr. Mashburns

death and cited AT&T for Serious violations related to workplace safety. OSHA stated that

AT&T failed to ensure employees needing emergency assistance have a means of continuous

communication to readily summon assistance when needed. OSHA recommended that AT&T

provide panic buttons to employees that would allow them to contact emergency responders

immediately if necessary.

14. Communications Workers of America (CWA), the labor union representing

AT&T employees, has made numerous attempts in the last several years to force AT&T to

implement safety procedures for employees working in Red Zone Neighborhoods. CWA has

advocated for company-wide policies in which a single employee would never be sent alone into a

Red Zone Neighborhood. CWA has also requested similar devices to the panic button that OSHA

recommended following the death of Kevin Mashburn. However, at the time of Kenneth

Clevelands death, neither panic buttons, dual technician policies, nor any other safety device or

emergency response systems had been implemented.

VII. GROSS NEGLIGENCE

15. Plaintiffs hereby incorporate all preceding paragraphs and further allege as follows.

AT&T had actual knowledge of the dangerous work environment its employees encountered when

working in Red Zone Neighborhoods. Despite prior instances of theft, violence, and death in such

Red Zone Neighborhoods, and despite requests from CWA and recommendations from OSHA,

AT&Ts policies, customs and practices failed to provide protection for its employees. Specifically,

AT&Ts policies, customs and practices failed to provide a safe work environment for Kenneth

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Andrea Christian et al. v. AT&T Inc.
Cleveland. Kenneth Cleveland died a gruesome and horrific death because of AT&Ts systematic

and continuous failure to provide protection for its employees in Red Zone Neighborhoods.

16. AT&Ts actions and omissions involved an extreme degree of risk considering the

probability and magnitude of potential harm to others, specifically to Kenneth Cleveland. AT&Ts

actions and omissions created a likelihood of serious injury to Kenneth Cleveland. AT&T acted with

actual, subjective awareness of suck risks. AT&Ts actions and omissions constitute a conscious

disregard for the rights, safety, and welfare of others, specifically of Kenneth Cleveland. AT&T

knew about the peril, but its acts or omissions demonstrated that it did not care. When viewed

objectively and subjectively, AT&Ts actions and omissions were committed with such a total

disregard for the rights, safety, and welfare of others that AT&Ts actions and omissions constitute

gross negligence under the laws of the State of Texas.

17. AT&T proximately caused Kenneth Clevelands death due to gross negligence.

Additionally, AT&T proximately caused Plaintiffs damages due to gross negligence, which entitles

Plaintiffs to Exemplary Damages under Texas Civil Practice & Remedies Code Section 41.003(a);

Texas Constitution Article 16, Section 26; Texas Civil Practice & Remedies Code Section 71.002;

and Texas Labor Code Section 408.001(b).

VIII. DAMAGES

18. Kenneth Clevelands death resulted from AT&Ts gross negligence, which entitles

Plaintiffs to exemplary damages under Texas Civil Practice & Remedies Code Section 41.003(a);

Texas Constitution Article 16, Section 26; Texas Civil Practice & Remedies Code Section 71.002;

and Texas Labor Code Section 408.001(b). Plaintiff seeks damages within the jurisdictional limits of

this Court.

IX. JURY DEMAND

19. Plaintiff demands a jury trial and tenders the appropriate fee with this petition.

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Andrea Christian et al. v. AT&T Inc.
 X. CONDITIONS PRECEDENT

20. All conditions precedent to Plaintiffs claims for relief have been performed or have

occurred.

XI. REQUEST FOR DISCLOSURE

21. Pursuant to Texas Rule of Civil Procedure 194, Defendant is requested to disclose,

within 50 days of service of this request, the information or material described in Texas Rule of Civil

Procedure 194.2.

XII. PRAYER

22. WHEREFORE, PREMISES CONSIDERED, Plaintiffs request that Defendant be

cited to appear and answer, and that on final hearing Plaintiffs are awarded damages in an amount

within the jurisdictional limits of the Court and as set forth above, plus pre-judgment interest on the

same and all other and further relief to which Plaintiffs may be justly entitled.

Respectfully submitted,

BEARD KULTGEN BROPHY

BOSTWICK & DICKSON, LLP

/s/ Frederick deB. Bostwick, III

Frederick deB. Bostwick, III
State Bar No. 02682500
Sam Hays
State Bar No. 24074380
Andy Pattillo
State Bar No. 24102339
220 South 4th Street
Waco, Texas 76706
Tel (254) 776-5500
Fax (254) 776-3591
bostwick@thetexasfirm.com
hays@thetexasfirm.com
pattillo@thetexasfirm.com

ATTORNEYS FOR PLAINTIFFS

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