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Howard
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@dmUaw.com
5 mmantei@dmllaw.com
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LARRY ATCHISON; CYNTHIA FIRST AMENDED COMPLAINT
1'3 ATCHISON; and
John Does 2-5,
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Defendant.
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16 COMES NOW Tara Walker Lyons, Plaintiff, by and through her counsel of record, .
17 Molly K. Howard, of the law firm Datsopoulos, MacDonald & Lind, P.C., and for her
18 Amended Complaint against Defendants, larry Atchison and Cynthia Atchison, states
21 1. Plaintiff Tara Walker Lyons: Plaintiff Tara Walker Lyons (hereinafter "Plaintiff') is
22 an adult woman who was subjected to child sexual abuse and other harm as a direct
2 Atchison. Plaintiff was at all times relevant a resident of Lewis and Clark County,
3 Montana.
4 2. At all times material hereto, Defendant Larry Atchison was a resident of Lewis
6 3. At all times material hereto, Defendant Cynthia Atchison was a resident of Lewis
8 4. Defendants John Doe 2-5 are persons whose identities are as yet undetermined,
11 5. Jurisdiction and venue over this matter, upon filing of this Complaint and Demand
12 for Jury Trial, rests with this Court pursuant to M.R.Civ.P. 48 and Mont. Code Ann. §
13 25-2-118(1). Plaintiffs injuries and the underlying causes of action arose from child
14 sexual abuse which occurred in Lewis and Clark County, Montana, between 1994 and
15 2001.
16 GENERAL ALLEGATIONS
19 7. Defendant Larry Atchison sexually abused Plaintiff not less than three to four
20 times per month, every month, during the years of 1994, 1995, 1996,1997,1998,1999,
21 2000, and 2001. Plaintiff was 6 years old when the abuse began in 1994.
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1 8. At all times material hereto, Defendant Larry Atchison acted in a manner likely to
3 9. At all times material hereto, Plaintiff suffered sexual and emotional abuse by Larry
4 Atchison. The child sexual abuse of Plaintiff took a variety of forms. The abuse included,
5 but was not limited- to, forced fondling of mouth, breasts and genitals, digital vaginal
7 10. At all times material hereto, Defendant Cynthia Atchison was aware of, or should
8 have been aware of, Defendant Larry Atchison's inappropriate and predatory conduct
9 towards Plaintiff.
10 11. Defendant Cynthia Atchison failed to act to prevent the sexual abuse of the
11 Plaintiff and furthermore failed to report Plaintiff's sexual abuse of the Plaintiff.
12 12. Plaintiff's cause of action did not begin to accrue until she discovered the acts,
13 abuse andlor exploitation and its causal relationship to her injuries and/or damages.
17 13. Plaintiff incorporates by reference all other paragraphs of this Complaint as if fully
19 14. At all times material hereto, Defendant Larry Atchison negligently or intentionally
21 15. Plaintiff suffered multiple severe injuries and damages as a direct result of the
22 child sexual abuse, including but not limited to physical injuries, physical and emotional
2 Disorder.
5 17. Plaintiffs injuries and damages are permanent, progressive and disabling. These
6 damages include both severe physical and emotional injury. These damages include
7 special and general damages to be proven at the time of trial, in an amount now
10 18. Plaintiff did not connect her various injuries to Defendant Larry Atchison's child
13 -PUNITIVE DAMAGES
15 19. Plaintiff incorporates by reference all other paragraphs of this Complaint as if fully
17 20. At all times material hereto Defendant Larry Atchison acted in conscious or
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18 intentional disregard for the high probability of injury to Plaintiff when he repeatedly
20 21. Such acts were committed when it was foreseeable that such acts would cause
21 serious bodily injury to Plaintiff and with wanton and reckless disregard of the harmful
22 results.
2 created a high probability of injury to Plaintiff or intentionally disregarded that his actions
3 created a high probability of injury to Plaintiff. Defendant Larry Atchison, at all times
4 relevant, performed actions that were certain or substantially certain to result in the
9 23. Plaintiff incorporates by reference all other paragraphs of this Complaint as if fully
11 24. Defendant Cynthia Atchison, as the mother of the Plaintiff, owed a duty to Plaintiff
12 to act with reasonable care under the circumstances. Specifically, Defendant Cynthia
13 Atchison had a duty to immediately act in the best interest of her minor child (Plaintiff)
14 upon receiving knowledge that Plaintiff was being sexually exploited by her husband,
16 Atchison owed a duty to Plaintiff, who could have foreseeably been injured by Larry
18 25. Defendant Cynthia Atchison breached this duty by failing to act to stop the sexual
19 abuse of Plaintiff that was occurring at the hands of Defendant larry Atchison.
20 26. Defendant Cynthia Atchison's negligent acts include, but are not limited to the
21 following:
6 authorities; and
8 circumstances.
9 27. As a direct and proximate result of Defendant Cynthia Atchison's negligent acts
12 follows:
16 to others;
18 6. For such other and further relief as the Court deems just and equitable under the
19 relevant circumstances.
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Mohif(oward
7 Attorneys for Plaintiff
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