FILED

2/26/2019 4:24 PM
Mary Angie Garcia CIT PPS - SAC 1
Bexar County District Clerk
Accepted By: Victoria Angeles

2019CI03804
CAUSE NO.__________

(1) DEBORAH BRADEN, INDIVIDUALLY, (2) § IN THE DISTRICT COURT

DEBORAH BRADEN, INDEPENDENT EXECUTOR OF §
THE ESTATE OF KEITH ALLEN BRADEN, (3) §
ELIZABETH BRADEN, (4) REBECCA METCALF §
(BRADEN), (5) FARIDA BROWN, (6) BENJAMIN §
CORRIGAN, INDIVIDUALLY, (7) BENJAMIN §
CORRIGAN, INDEPENDENT EXECUTOR OF THE §
ESTATE OF ROBERT MICHAEL CORRIGAN, (8) §
BENJAMIN CORRIGAN, INDEPENDENT EXECUTOR §
OF THE ESTATE OF SHANI CORRIGAN, (9) PRESTON §
CORRIGAN, (10) FRED CURNOW, (11) KATHLEEN §
CURNOW, (12) CLARYCE HOLCOMBE, (13) JOE §
HOLCOMBE, (14) JOHN PORTER HOLCOMBE, §
INDIVIDUALLY (15) JOHN PORTER HOLCOMBE, AS §
ADMINISTRATOR OF THE ESTATE OF CRYSTAL §
HOLCOMBE, (16) THE UNBORN CHILD OF CRYSTAL §
HOLCOMBE, (17) CHRISTOPHER JOHNSON, (18) §
DEANA STATON (JOHNSON), (19) DENNIS JOHNSON, §
JR., (20) KATI WALL (JOHNSON) AND MICHAEL §
JOHNSON AS PERSONAL REPRESENTATIVES OF §
THE ESTATE OF DENNIS JOHNSON, (21) JAMES §
GRAHAM (JOHNSON), (22) KASSANDRA PALACIOS §
(JOHNSON), (23) KASSANDRA PALACIOS (JOHNSON) §
ON BEHALF OF THE UNBORN CHILD OF §
KASSANDRA PALACIOS (24) KATI WALL (JOHNSON), §
(25) MICHAEL JOHNSON, (26) KATI WALL (JOHNSON) §
AND MICHAEL JOHNSON AS PERSONAL §
REPRESENTATIVES OF THE ESTATE OF SARAH §
JOHNSON, (27) PATSY MCCAIN, (28) MARGARET §
MCKENZIE, (29) LISA MCNULTY AS NEXT FRIEND §
OF H.M. (MCNULTY), A MINOR, (30) LISA MCNULTY §
AS NEXT FRIEND OF J.M. (MCNULTY), A MINOR, (31) §
LISA MCNULTY, (32) LISA MCNULTY ON BEHALF OF §
THE ESTATE OF TARA MCNULTY, (33) JENNIFER §
MACIAS, (34) JUAN MACIAS, (35) KARA BOYD §
(MARSHALL), (36) MARTINA PACHAL, §
INDIVIDUALLY, (37) MARTINA PACHAL, §
INDEPENDENT ADMINISTRATRIX OF THE ESTATE §
OF ROBERT SCOTT MARSHALL, (38) MARTINA §
PACHAL, INDEPENDENT EXECUTRIX OF THE §
ESTATE OF KAREN SUE MARSHALL, §
(39) ZACHARY POSTON, (40) GARY RAMSEY, § BEXAR COUNTY, TEXAS
INDIVIDUALLY, (41) GARY RAMSEY, AS §
 INDEPENDENT CO-ADMINISTRATOR OF THE §
ESTATE OF THERESE JOANN RODRIGUEZ, §
225th
DECEASED, (42) RONALD RAMSEY, JR., § _____ JUDICIAL DISTRICT
INDIVIDUALLY, (43) RONALD RAMSEY, JR. AS §
INDEPENDENT CO-ADMINISTRATOR OF THE §
ESTATE OF THERESE JOANN RODRIGUEZ, §
DECEASED, (44) REGINA AMADOR, INDIVIDUALLY, §
(45) REGINA AMADOR, INDEPENDENT §
ADMINISTRATRIX OF THE ESTATE OF RICHARD C. §
RODRIGUEZ, DECEASED A/K/A RICARDO §
RODRIGUEZ, (46) JOSE RODRIGUEZ, §
(47) GUADALUPE RODRIGUEZ, (48) CHARLENE UHL, §
INDIVIDUALLY, (49) CHARLENE UHL ON BEHALF §
OF THE ESTATE OF HALEY KRUGER, (50) §
MARGARETTE VIDAL, (51) MONICA SHABBIR §
(VIDAL), (52) RAMIRO VIDAL JR., (53) ROBERT VIDAL, §
(54) JENNIFER RACEY (WARDEN), (55) JIMMY §
STEVENS, INDEPENDENT EXECUTOR OF THE §
ESTATE OF PEGGY LYNN STEVENS WARDEN, (56) §
Z.Z., A MINOR, §
§
Plaintiffs §
§
Vs. §
§
ACADEMY, LTD. d/b/a ACADEMY SPORTS & §
OUTDOORS, §
§
Defendant

PLAINTIFFS’ ORIGINAL PETITION

The above referenced Plaintiffs file this suit against Defendant, Academy, Ltd.

d/b/a Academy Sports & Outdoors, and for cause of action would respectfully show the

Court the following:

I. DISCOVERY CONTROL PLAN

1. Plaintiffs intend that discovery be conducted under Level 3 Rule 190 of the

Texas Rules of Civil Procedure.

Plaintiffs’ Original Petition Page 2

 II. THE PARTIES

2. Plaintiffs are individuals residing in various counties of Texas and other

states.

3. Defendant, Academy, Ltd. d/b/a Academy Sports & Outdoors

(“Academy”), is a domestic corporation headquartered in Harris County and authorized

to do business in the State of Texas, and may be served by serving its Registered Agent:

Academy, Ltd. d/b/a Academy Sports & Outdoors

c/o Genetha Turner
1540 North Mason Road
Katy, Texas 77449

III. JURISDICTION AND VENUE

4. The Court has jurisdiction over the controversy because the damages are

within the jurisdictional limits of the Court. In compliance with Tex. R. Civ. P. 47,

Plaintiffs state that they each seek monetary relief over $1,000,000.00.

5. Venue is proper in Bexar County, Texas under §15.002(a)(1) of the Texas

Civil Practice and Remedies Code because all, or a substantial part of, the events or

omissions giving rise to the claims occurred in Bexar County, Texas.

IV. FACTS

6. On November 5, 2017, Devin Kelley (“mass shooter”) entered the First

Baptist Church in Sutherland Springs, Texas wielding a High Capacity Ruger AR-556 semi-

automatic rifle that was illegally sold to him by Defendant Academy. Using the illegally

obtained weapon from Academy, the mass shooter opened fire on the congregation killing

27 churchgoers and injuring 20 more.

Plaintiffs’ Original Petition Page 3

 7. Many Plaintiffs were in the church, witnessed the rampage, and were

injured or killed by the Ruger AR-556. Others lost loved ones in the shooting.

8. This preventable attack was the deadliest mass shooting in Texas, the

deadliest mass shooting in a place of worship in modern American history, and the fifth

deadliest mass shooting in the United States.

9. Academy violated existing firearms laws when one of its San Antonio stores

illegally sold the mass shooter the High Capacity Ruger AR-556 semi-automatic rifle that

was used in the shooting.

10. Ruger manufactures multiple models of the AR-556. One model is the 8500

(depicted below). It is a firearm designed to hold 30 rounds of ammunition. It is therefore

a “High Capacity Assault Rifle” and is legal to sell in Texas but not in states that ban High

Capacity Assault Rifles.

Plaintiffs’ Original Petition Page 4

 11. After the Aurora mass shooting that killed 12 and injured 58 others, Colorado

adopted laws prohibiting High Capacity Assault Rifles because they are the weapon of

choice among mass shooters.

12. At the time the mass shooter illegally purchased the High Capacity Ruger

AR-556 model 8500 at Academy in Texas, he reported a Colorado Springs, Colorado

address on his Firearms Transaction Record, Form 4473. He presented Defendant

Academy with a state-issued ID that reflected a matching state residence. This fact alone

legally disqualified the mass shooter from purchasing the Ruger AR-556 model 8500

firearm.

13. In the same transaction, Defendant Academy also illegally sold the mass

shooter an additional high capacity magazine designed to hold more than 15 rounds of

ammunition. Pursuant to applicable law, this element of the firearm transaction was also

illegal.

14. A Texas gun dealer (Academy) cannot legally sell a firearm and deliver that

firearm to a citizen of another State if that sale would have not been legal in the purchasers

State of residence (Colorado).

15. As a Colorado resident, a state with a High Capacity Firearm ban, the mass

shooter should not have been sold the firearm by Academy.

16. Academy operates 249 Federal Firearm Licensed Retail outlets throughout

the Southeastern United States, and 103 (over 40% of them) are in Texas. The locations

are shown in the map below:

Plaintiffs’ Original Petition Page 5

 17. In conducting a firearm transaction, the law requires Academy to use

Firearm Form 4473 each time a firearm is sold (relevant sections are shown below).

Within this form, Academy must certify in every transaction that based upon “the

information in the current State Laws and Published Ordinances, it is [Academy’s] belief

that it is not unlawful for [Academy] to sell, deliver, transport or otherwise dispose of the

firearm listed in [the] form to the [purchaser].” The form is very clear in stating: “In

determining the lawfulness of the sale or delivery of a long gun (rifle or shotgun) to a

resident of another state, [Academy] is presumed to know the applicable State law and

published ordinances in both the seller’s State and the buyer’s state.”

Plaintiffs’ Original Petition Page 6

 18. Upon information and belief, Academy has, for many years, illegally sold

High Capacity Assault Rifles to out of state individuals in Texas regardless of the buyers’

home state enactment of High Capacity Assault Rifle bans, such as a Ruger AR 556 Model

8500. As a result, Academy may have equipped an untold number of individuals with High

Capacity Assault Rifles even though they are prevented from owning such a weapon under

the laws of their home state.

19. Existing firearms laws are designed to protect the public by creating

reasonable restrictions on access to dangerous devices.

20. Plaintiffs are members of the general public in the United States, and

therefore members of the class of persons that firearms laws are designed to protect.

21. Academy is creating a widespread public nuisance by continuing to sell High

Capacity Assault Rifles in violation of applicable gun laws as described above.

Plaintiffs’ Original Petition Page 7

 CAUSES OF ACTION:

V. NEGLIGENCE

22. Plaintiffs incorporate each of the preceding paragraphs as if fully restated

herein.

23. The Bureau of Alcohol, Tobacco, Firearms and Explosives’ (“ATFs”)

Federal Firearms Licensing Center issues and renews Federal Firearms Licenses under

the Gun Control Act of 1968. Federally licensed firearms dealers like Academy are “the

‘principal agent[s] of federal enforcement’ in ‘restricting [criminals’] access to firearms’”

and accept “the responsibility to ‘[e]nsure that, in the course of sales or other

dispositions…weapons [are not] obtained by individuals whose possession of them would

be contrary to the public interest.’” Abramski v. United States, 134 S. Ct. 2259, 2273 (2014)

(quoting Huddleston v. United States, 415 U.S. 814, 825 (1974)).

24. When it became a licensed gun dealer, Academy voluntarily assumed duties

to learn and carefully follow all federal and state firearms laws and regulations and to

implement reasonable safety measures to prevent illegal sales.

25. Also, Academy was under the general obligation to exercise reasonable care

in selling firearms so as to never needlessly endanger the public by arming prohibited or

otherwise dangerous purchasers.

26. Academy knew or should have known that, as a licensed gun dealer, it had a

duty 1) to independently assess the lawfulness of each firearms transfer; 2) to confirm on

the ATF Form 4473 (“Form 4473”) required for every firearms sale that the sale appears

legal to Academy; and 3) to certify the accuracy of the information provided to Academy

Plaintiffs’ Original Petition Page 8

by a prospective purchaser on the Form 4473. Form 4473 includes notations reminding

the dealer of these duties.

27. At all times material to this suit, Defendant Academy owed Plaintiffs a duty

of reasonable care to ensure the safety, care, and well-being of the public, including

Plaintiffs, and had or assumed a duty to exercise reasonable care in executing such duties.

Defendant Academy failed to exercise reasonable care, and such failure was negligent and

a proximate cause of the incident in question and resulting damages to Plaintiffs. These

acts or omissions include, but are not limited to, the following:

a. Failing to protect the safety of the public, including the Plaintiffs;

b. Failing to follow both the laws of Texas and Colorado in Selling a

High Capacity Assault Rifle and additional High Capacity Magazine
to the mass shooter;

c. Failing to enact and follow reasonable policies and procedures for

selling firearms;

d. Failing to follow industry standards for selling firearms;

e. Failing to properly follow applicable law in the marketing and sale of

firearms;

f. Failing to conduct a proper background check;

g. Failing to attempt to recover the illegal weapon and equipment sold

to the mass shooter after the sale; and

h. Other ways to be determined during discovery in this matter.

28. Plaintiffs will show that one or more or all of the above-mentioned acts

and/or omissions constitute negligence and gross negligence and were the proximate

cause of the occurrence in question.

Plaintiffs’ Original Petition Page 9

 VI. NEGLIGENT HIRING, TRAINING, AND SUPERVISION

29. Plaintiffs incorporate each of the preceding paragraphs as if fully restated

herein.

30. At all times material to this suit, Defendant Academy owed Plaintiffs a duty

of reasonable care to ensure the safety, care, and well-being of the public, including the

Plaintiffs. These duties include, but are not limited to, the hiring, retention, and

supervision of trained employees to ensure that all legally required guidelines are fulfilled

at the time of selling of firearms and ammunition. Defendant Academy breached these

duties when its employee(s) sold a rifle to the mass shooter in violation of existing laws.

The acts or omissions that constituted the breach of these duties include, but are not

limited to:

a. Failing to instruct Academy employees about applicable state and federal

firearms laws and regulations in order to ensure that all sales of firearms are
legal;

b. Failing to ensure that Academy employees were up to date about revisions

and amendments to applicable state and federal firearms laws and
regulations;

c. Failing to monitor the compliance of Academy employees with applicable

state and federal firearms laws and regulations; and

d. Failing to train Academy employees to call law enforcement to investigate if

they believe an illegal sale is occurring or has occurred.

Defendant Academy breached these duties when its employee(s) sold a rifle to the

mass shooter, in violation of existing laws.

31. Whether Defendant Academy had actual or constructive knowledge of each

of its employees’ sale transactions with its patrons, Defendant Academy failed to properly

Plaintiffs’ Original Petition Page 10

supervise and/or control its actions. Specifically, Defendant Academy’s following acts or

omissions constitute negligence:

a. Entrusting Defendant Academy’s employees who lack adequate

training and education concerning firearms and governing laws, with
the administration and sale of firearms;

b. Failing to properly train employees regarding the appropriate

methods, safety practices, and supervision for customers purchasing
firearms;

c. Failing to properly supervise, monitor, and/or control employees

tasked with selling firearms to the public;

d. Failing to properly screen and perform investigative due diligence on

prospective customers prior to selling them firearms;

e. Failing to continually monitor and/or screen their employees to

ensure they are fit to sell firearms to the public; and

f. Failing to appropriately discipline and/or reprimand its employee(s)

after the shooting.

VII. NEGLIGENT ENTRUSTMENT

32. Plaintiffs incorporate each of the proceeding paragraphs as if fully restated

herein.

33. At all times material to this suit, Defendant Academy owed Plaintiffs a duty

of reasonable care to ensure the safety, care and well-being of the public, including the

Plaintiffs. By selling the rifle to the mass shooter without the proper oversight, and by

failing to follow policies, procedures, industry standards and practices, and applicable

laws with regards to the sale of a firearm, Defendant Academy supplied the mass shooter

with a weapon that was used to perpetrate the attack on Plaintiffs and others at the First

Baptist Church of Sutherland Springs, Texas.

Plaintiffs’ Original Petition Page 11

 VIII. GROSS NEGLIGENCE

34. Plaintiffs incorporate each of the preceding paragraphs as if fully restated

herein.

35. The acts and/or omissions of Defendant Academy involved an extreme

degree of risk, considering the probability and magnitude of the potential harm to the

Plaintiffs and the general public. Defendant Academy had actual, subjective awareness

of the risk involved, but nevertheless proceeded with conscious indifference to the rights,

safety, or welfare of the Plaintiffs and the general public. As set forth herein, the acts

and/or omissions of Defendant Academy were also knowing and willful failures to abide

by the applicable safety guidelines regarding the purchase and sale of firearms in the State

of Texas. These actions and/or omissions constitute malicious, willful, wanton, grossly

negligent and/or reckless conduct. Said acts and/or omissions proximately caused or

contributed to cause Plaintiffs’ injuries and damages as set out herein, and as such, give

rise to and warrant, the imposition by a jury of significant punitive damages in an amount

to be determined by the jury.

IX. REQUEST FOR PERMANENT INJUNCTION

36. Plaintiffs incorporate each of the preceding paragraphs as if fully restated

herein.

37. Plaintiffs allege that Defendant Academy sold the Ruger to the mass shooter

as part of an ongoing pattern of illegal and dangerous firearms sales that pose a severe risk

to members of the Texas community, including Plaintiffs. This constitutes a continuing

Plaintiffs’ Original Petition Page 12

public nuisance because Academy has not reformed its business practices to prevent such

dangerous and illegal sales.

38. Plaintiffs suffered a severe, special injury that is different in kind from that

of other members of the public as a result of the nuisance maintained by Academy.

Specifically, Plaintiffs were shot by an individual who Defendant Academy illegally and

negligently armed with an AR-15 assault rifle.

39. Plaintiffs are therefore entitled to injunctive relief against Academy seeking

to abate this ongoing nuisance. Such an injunction will include, but is not limited to,

requiring substantial business practice and training reforms to force Academy to educate

its employees about compliance with the law and to make sure that Academy employees

are actually following the law and reasonable safety standards when selling firearms.

40. After full trial on the merits, Plaintiffs request the Court enter a permanent

injunction prohibiting Defendant Academy from continuing the practice of selling of High

Capacity Assault Rifles in Texas to residents of states where such a sale would violate their

home state’s applicable gun laws.

X. DAMAGES

41. Plaintiffs incorporate each of the preceding paragraphs as if fully restated

herein.

42. As a direct and proximate result of Defendant Academy’s aforementioned

tortious conduct, Plaintiffs sue in every capacity and for every element of damages to

which they are entitled by reason of the matters made the basis of this suit. Plaintiffs seek

to recover from Defendant Academy the following damages:

a. Physical pain and mental anguish sustained in the past;

Plaintiffs’ Original Petition Page 13

 b. Physical pain and mental anguish that, in reasonable probability, will be
sustained in the future;

c. Disfigurement in the past;

d. Disfigurement that, in reasonable probability, will be sustained in the

future;

e. Physical impairment sustained in the past;

f. Physical impairment that, in reasonable probability, will be sustained in the

future;

g. Medical care expenses incurred in the past;

h. Medical, attendant, and healthcare expenses that, in reasonable

probability, will be incurred in the future;

i. Past lost wages;

j. Future lost wages;

k. Future lost earning capacity;

l. Loss of Consortium in the past;

m. Loss of Consortium that, in reasonable probability, will be incurred in the

future;

n. Loss of household services;

o. Loss of household services that, in reasonable probability, will be incurred

in the future;

p. Bystander Damages;

q. Wrongful Death Damages as defined by Texas Law;

r. Survival Damages as defined by Texas Law;

s. Out-of-pocket expenses; and

t. Other reasonable consequential damages.

Plaintiffs’ Original Petition Page 14

 43. The specific elements of damages suffered by each Plaintiff will be more

fully described in the discovery process. Plaintiffs reserve the right to plead additional and

more specific damages in the future as more facts become known. The above-mentioned

elements of damages are those that Plaintiffs have suffered in the past up to the time of

trial, but in addition, those that they, in reasonable probability, will continue to suffer in

the future.

44. Plaintiffs further seek to recover punitive or exemplary damages, as those

terms are understood in law, because of such gross negligence and Defendant Academy’s

conscious indifference to the rights, safety, and welfare of others.

45. As such, Plaintiffs seek all available damages of any kind, penalties, costs,

expenses, pre-judgment interest, and attorney fees; and a demand for all the other relief

to which the parties are entitled.

XI. RULE 193.7 NOTICE

46. Pursuant to Rule 193 .7 of the Texas Rules of Civil Procedure, Plaintiffs

hereby give actual notice to Defendant Academy that any and all documents may be used

against the Defendant producing the document at any pretrial proceeding and/or at the

trial of this matter without the necessity of authenticating the documents.

XII. REQUEST FOR DISCLOSURE

47. Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Defendant is

requested to disclose the information and material described in Rule 194.2.

XIII. PARTIAL IDENTIFICATION NUMBERS

48. Pursuant to Tex. Civ. Prac. & Rem. Code §30.014, Plaintiffs’ partial

identification numbers can be found in the table attached as Exhibit A.

Plaintiffs’ Original Petition Page 15

 XIV. PRAYER

Plaintiffs respectfully request that Defendant Academy be cited to appear and

answer and that the Court take the following actions and grant the following relief:

After trial on the merits:

1. Declare Defendant Academy Sports + Outdoors actions and corporate

policies in violation of relevant gun laws;

2. Grant a permanent injunction suspending the enforcement of Academy

Sports + Outdoors corporate policies and enjoining Defendant Academy
from committing actions in violation of relevant gun laws; and

3. Enter Judgment for the Plaintiffs against Defendant Academy for actual
damages as alleged and exemplary damages, in an amount within the
jurisdictional limits of this Court; together with pre-judgment interest (from
the date of injury through the date of judgment) at the maximum rate
allowed by law; post-judgment interest at the legal rate, costs of court; and

4. Such other and further relief to which the Plaintiffs may be entitled at law or
in equity.

Plaintiffs’ Original Petition Page 16

 Respectfully submitted,
WHITEHURST, HARKNESS, BREES,
CHENG, ALSAFFAR, HIGGINBOTHAM &
JACOB, PLLC
/s/ Jamal K. Alsaffar
Jamal K. Alsaffar
State Bar No. 24027193
jalsaffar@nationaltriallaw.com
Tom Jacob
State Bar No. 24069981
tjacob@nationaltriallaw.com
Laurie M. Higginbotham
State Bar No. 50511759
lhigginbotham@nationaltriallaw.com
Koby J. Kirkland
State Bar No. 24086587
kkirkland@nationaltriallaw.com
7500 Rialto Blvd.
Bldg. Two, Suite 250
Austin, TX 78735
(512) 476-4346, telephone
(512) 476-4400, facsimile
COUNSEL FOR PLAINTIFFS
(17) CHRISTOPHER JOHNSON, (18) DEANA STATON
(JOHNSON), (19) DENNIS JOHNSON, JR., (20) KATI
WALL (JOHNSON) AND MICHAEL JOHNSON AS
PERSONAL REPRESENTATIVES OF THE ESTATE OF
DENNIS JOHNSON, (21) JAMES GRAHAM
(JOHNSON), (22) KASSANDRA PALACIOS
(JOHNSON), (23) KASSANDRA PALACIOS
(JOHNSON) ON BEHALF OF THE UNBORN CHILD OF
KASSANDRA PALACIOS, (24) KATI WALL
(JOHNSON), (25) MICHAEL JOHNSON, (26) KATI
WALL (JOHNSON) AND MICHAEL JOHNSON AS
PERSONAL REPRESENTATIVES OF THE ESTATE OF
SARAH JOHNSON, (29) LISA MCNULTY AS NEXT
FRIEND OF H.M., A MINOR (MCNULTY), (30) LISA
MCNULTY AS NEXT FRIEND OF J.M., A MINOR
(MCNULTY), (31) LISA MCNULTY, (32) LISA
MCNULTY ON BEHALF OF THE ESTATE OF TARA
MCNULTY (50) MARGARETTE VIDAL,
(51) MONICA SHABBIR (VIDAL), (52) RAMIRO
VIDAL JR., (53) ROBERT VIDAL
Plaintiffs’ Original Petition Page 17
O’HANLON, DEMERATH
& CASTILLO, PC
/s/ Justin B. Demerath
Justin B. Demerath
State Bar No. 24034415
jdemerath@808west.com
David Campbell
State Bar No. 24057033
808 West Ave.
Austin, Texas 78701
(512) 494-9949, telephone
(512) 494-9919, facsimile
akeeran@808west.com
COUNSEL FOR PLAINTIFFS
(1) DEBORAH BRADEN, INDIVIDUALLY,
(2) DEBORAH BRADEN, INDEPENDENT
EXECUTOR OF THE ESTATE OF KEITH
ALLEN BRADEN, (3) ELIZABETH BRADEN,
(4) REBECCA METCALF (BRADEN),
(6) BENJAMIN CORRIGAN, INDIVIDUALLY,
(7) BENJAMIN CORRIGAN, INDEPENDENT
EXECUTOR OF THE ESTATE OF ROBERT
MICHAEL CORRIGAN, (8) BENJAMIN
CORRIGAN, INDEPENDENT EXECUTOR OF
THE ESTATE OF SHANI CORRIGAN, (9)
PRESTON CORRIGAN, (27) PATSY
MCCAIN, (35) KARA BOYD (MARSHALL),
(36) MARTINA PACHAL, INDIVIDUALLY,
(37) MARTINA PACHAL, INDEPENDENT
ADMINISTRATRIX OF THE ESTATE OF
ROBERT SCOTT MARSHALL,
(38) MARTINA PACHAL, INDEPENDENT
EXECUTRIX OF THE ESTATE OF KAREN
SUE MARSHALL, (39) ZACHARY POSTON,
(54) JENNIFER RACEY (WARDEN), (55)
JIMMY STEVENS, INDEPENDENT
EXECUTOR OF THE ESTATE OF PEGGY
LYNN STEVENS WARDEN, (56) Z.Z., A
MINOR
 WHITEHURST, HARKNESS, BREES, /s/ Daniel J.T. Sciano
CHENG, ALSAFFAR, HIGGINBOTHAM & Daniel J.T. Sciano
JACOB, PLLC State Bar No. 17881200
AND dsciano@tsslawyers.com
Robert Katzman Aaron Valadez
bob@katzmanlawfirmpllc.com State Bar No. 24086676
KATZMAN LAW FIRM, PLLC. avaladez@tsslawyers.com
125 High Rock Avenue TINSMAN & SCIANO, INC.
Saratoga Springs, NY 12866 10107 McAllister Freeway
(518) 587 5500, telephone San Antonio, TX 78216
COUNSEL FOR PLAINTIFF (210) 225-3121, telephone
(28) MARGARET MCKENZIE (210) 225-6235, facsímile
COUNSEL FOR PLAINTIFFS
(44) REGINA AMADOR, INDIVIDUALLY,
/s/ Robert E. Ammons (45) REGINA AMADOR, INDEPENDENT
Robert E. Ammons ADMINISTRATRIX OF THE ESTATE OF
State Bar No. 01159820 RICHARD C. RODRIGUEZ, DECEASED
rob@ammonslaw.com A/K/A/ RICARDO RODRIGUEZ, (46) JOSE
April A. Strahan RODRIGUEZ, (47) GUADALUPE
State Bar No. 24056387 RODRIGUEZ
april@ammonslaw.com
THE AMMONS LAW FIRM, LLP
3700 Montrose Blvd. /s/ Joseph M. Schreiber
Houston, TX 77006 Joseph M. Schreiber
(713) 523-1606, telephone State Bar No. 24037449
(713) 523-4159, facsimile joe@lawdoneright.net
AND Erik Knockaert
Daniel D. Barks State Bar No. 24036921
Pro Hac Vice pending erik@lawdoneright.net
ddb@speiserkrause.com SCHREIBER / KNOCKAERT, PLLC
Speiser Krause 701 North Post Oak Rd., Suite 325
5555 Glenridge Connector, Ste. 550 Houston, TX 77024
Atlanta, GA 30342 (281) 949-8904, telephone
(404) 751-0632, telephone (281) 949-8914, facsimile
(866) 936-6382, facsimile COUNSEL FOR PLAINTIFF
COUNSEL FOR PLAINTIFFS (5) FARIDA BROWN
(10) FRED CURNOW, (11) KATHLEEN CURNOW,
(12) CLARYCE HOLCOMBE, (13) JOE HOLCOMBE,
(14) JOHN PORTER HOLCOMBE, INDIVIDUALLY,
(15) JOHN PORTER HOLCOMBE, AS
ADMINISTRATOR OF THE ESTATE OF CRYSTAL
HOLCOMBE,
(16) THE UNBORN CHILD OF CRYSTAL
HOLCOMBE,
(33) JENNIFER MACIAS, (34) JUAN MACIAS

Plaintiffs’ Original Petition Page 18

 THE AMMONS LAW FIRM, LLP
AND
Tim Maloney
State Bar No. 12887380
tmaloney@maloneyandcampolo.com
Paul E. Campolo
State Bar No. 03730150
pcampolo@maloneyandcampolo.com
MALONEY & CAMPOLO, L.L.P.
926 S. Alamo
San Antonio, Texas 78205
(210) 922-2200, telephone
(210) 923-1313, facsimile
COUNSEL FOR PLAINTIFFS
(40) GARY RAMSEY, INDIVIDUALLY, (41) GARY
RAMSEY, AS INDEPENDENT CO-ADMINISTRATOR
OF THE ESTATE OF THERESE RODRIGUEZ,
DECEASED (42) RONALD RAMSEY, JR.,
INDIVIDUALLY, (43) RONALD RAMSEY, JR., AS
INDEPENDENT CO-ADMINISTRATOR OF THE
ESTATE OF THERESE RODRIGUEZ, DECEASED

/s/ Dennis Peery

Dennis Peery
State Bar No. 15728750
d.peery@tylerpeery.com
R. Craig Bettis
State Bar No. 24040518
cbettis@tylerpeery.com
THE LAW OFFICES OF TYLER & PEERY
5822 W. IH-10
San Antonio, TX 78201
(210) 340-0900, telephone
(210) 736-9197, facsimile
COUNSEL FOR PLAINTIFFS
(48) CHARLENE UHL INDIVIDUALLY, (49)
CHARLENE UHL ON BEHALF OF THE ESTATE OF
HALEY KRUGER

PLAINTIFFS DEMAND TRIAL BY JURY.

Plaintiffs’ Original Petition Page 19