Cause No. ___________
DONNA RICKETTS, INDIVIDUALLY
AND ON BEHALF OF GLORIA ANN
RICKETTS, INCAPACITATED ADULT
AND JEREMIAH HUNTER RICKETTS,
MINOR CHILD
PLAINTIFFS
VS.
GOODWILL INDUSTRIES INTERNATIONAL, INC.,
GOODWILL INDUSTRIES OF LUBBOCK, INC.,
A/K/A GOODWILL INDUSTRIES OF NORTHTEXAS
AND ROYCE WATSON
DEFENDANTS
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IN THE ____ DISTRICT COURT
IN AND FOR
POTTER COUNTY, TEXAS
PLAINTIFFS’ ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, DONNA RICKETTS, INDIVIDUALLY
AND
ON BEHALF
OF
GLORIA ANN
RICKETTS, INCAPACITATED ADULT, AND JEREMIAH HUNTER RICKETTS, MINOR CHILD, herein
referred to as Plaintiffs complaining of GOODWILL INDUSTRIES INTERNATIONAL, INC.,
GOODWILL INDUSTRIES
OF
LUBBOCK, INC., A/K/A GOODWILL INDUSTRIES
(hereinafter referred to as the Goodwill Defendants)
AND
OF
NORTHTEXAS
ROYCE WATSON (hereinafter referred
to as Watson) and for cause of action would respectfully show unto this Honorable Court and
Jury as follows:
I.
NATURE OF THE CASE
1.01
Plaintiffs bring this lawsuit against the Defendants as a result of a sexual assault
which occurred in October 2014, at Goodwill Industries in Amarillo, Texas.
Defendant,
Watson, while employed by the Goodwill Defendants, sexually assaulted co-employee Plaintiff,
Gloria Ann Ricketts, a mentally incapacitated 33 year old Caucasian female with an IQ of 59.
Plaintiffs’ Original Petition
Page 1
Ms. Ricketts unknowingly became pregnant and gave birth prematurely on March 26, 2015 to
Plaintiff, JEREMIAH HUNTER RICKETTS, in the parking lot of Northwest Texas Hospital in
Amarillo, Texas. Plaintiffs’ causes of action against the Goodwill Defendants, are as follows:
general negligence; violation of Texas Labor Code; negligent hiring; negligent supervision;
negligent training; aiding and abetting; and gross negligence. Plaintiffs causes of action against
Watson are as follows: assault and battery; aggravated sexual assault; intentional infliction and
emotional distress; general negligence; negligence per se; and gross negligence.
II.
PARTIES
2.02
Plaintiff, DONNA RICKETTS, is a resident citizen of Amarillo, Randall County,
Texas. She is the biological mother of Plaintiff, GLORIA ANN RICKETTS and grandmother of
Plaintiff, JEREMIAH HUNTER RICKETTS, Minor Child. She is the legal guardian of both. The
last four digits of her social security number are 9942.
2.03
Plaintiff, GLORIA ANN RICKETTS, is a resident citizen of Amarillo, Randall
County, Texas. She is the biological daughter of Plaintiff, DONNA RICKETTS, and biological
mother of Plaintiff JEREMIAH HUNTER RICKETTS. The last four digits of her social security
number are 3887.
2.04
Plaintiff, JEREMIAH HUNTER RICKETTS, Minor Child is a resident citizen of
Amarillo, Randall County, Texas. He is the biological son of Plaintiff, GLORIA ANN RICKETTS
and grandson of Plaintiff, DONNA RICKETTS. The last four digits of his social security number
are 6937.
2.05
Defendant, GOODWILL INDUSTRIES INTERNATIONAL, INC., is a Maryland
corporation doing business in Texas. Service of process may be had by serving this Defendant’s
Plaintiffs’ Original Petition
Page 2
Registered Agent Judith A. Branzell by certified mail, return receipt requested at15810 Indianola
Drive, Rockville, MD 20855.
2.06
Defendant, GOODWILL INDUSTRIES
INDUSTRIES OF NORTHTEXAS
OF
LUBBOCK, INC.
A/K/A
GOODWILL
is a Texas corporation doing business in Amarillo, Potter County,
Texas. Service of process may be had by serving this Defendant’s registered agent Anna Braye,
by certified mail, return receipt requested at 715 28th Street, Lubbock, Texas 79404.
2.07
DEFENDANT WATSON, is a resident citizen of Amarillo, Potter County, Texas.
Service of process may be had by serving this Defendant at his residential address located at 508
N. Adams Street, Amarillo, Texas 79107-5018. The last four digits of his social security
number are 7066.
III.
METHOD OF SERVICE
3.08
Plaintiffs request that the Potter County District Clerk issue citation and allow
Crown Investigations to serve DEFENDANT WATSON with a copy of this Petition by hand
delivery.
3.09
Plaintiffs request that the Potter County District Clerk issue citation and serve the
registered agents of both Goodwill Defendants, DEFENDANTS GOODWILL INDUSTRIES
INTERNATIONAL, INC.,
INDUSTRIES
OF
AND
GOODWILL INDUSTRIES
OF
LUBBOCK, INC., A/K/A GOODWILL
NORTHTEXAS with a copies of this Petition by certified mail, return receipt
requested.
IV.
JURISDICTION AND VENUE
4.10
This suit is brought as a result of multiple intentional and/or negligent acts and/or
omissions of the Defendants which occurred in Amarillo, Potter County, Texas.
Plaintiffs’ Original Petition
Page 3
4.11
This case is brought pursuant to common law and statutory laws regarding
criminal, civil and employment laws in the State of Texas.
4.12
Plaintiffs seek monetary damages far in excess of the minimum jurisdictional
limits of this Court: monetary relief of $1,000,000.00 or more, including damages of any kind,
penalties, costs, expenses, pre-judgment interest, attorney fees, and punitive damages.
V.
BACKGROUND
5.13
On June 26, 1982, Plaintiff, DONNA RICKETTS gave birth to Plaintiff, GLORIA
ANN RICKETTS (hereinafter referred to as Gloria) at Tri-City Hospital in Dallas, Texas.
Although no neonatal problems were reported, Gloria was born suffering mentally retardation,
deafness and with nenomuscular disease.
Throughout her childhood, Gloria experienced
numerous physical and mental problems. She has been medically diagnosed with the following:
mental retardation; congenital myopathy; hypotonia; uneven sensorimotion development;
articulation disorder; receptive/expressive language delay; muscular dystrophy; and hearing
impairment. Gloria’s full scale IQ is 59 and she has the cognitive ability of an 8 year old child.
5.14
Gloria’s moderate mental retardation did not stop her from attempts at public
education. However, at 18 years old her teachers and caregivers ceased further educational
efforts and recommended she be committed to a group home. Her mother refused to send her to
an institution and continued to care for her at their home.
5.15
At the end of her pubic school education, Gloria reported to her doctors that she
was hearing voices telling her to do bad things like cursing. Gloria’s counselors concluded she
had “a primitive and infantile understanding of the world, and did not understand much of the
implications of her actions.” They further opined that she “does not seem capable of advanced
Plaintiffs’ Original Petition
Page 4
cognition and functioning, and operates under a very simple form of moral and ethical
judgment.”
5.16
Over the course of the next decade, Gloria received therapy at Behavior and
Psychiatric Services of Dallas Metrocare.
She also attempted vocational training through
sheltered workshops to attempt to improve her social skills. These efforts were unsuccessful.
Gloria has never lived independently or qualified for meaningful employment.
5.17
Gloria and her family eventually moved to Amarillo, Texas.
In 2014, a
governmental agency suggested that Gloria apply for work at the Goodwill Thrift Store. Gloria
filled out an application with the help of her mother. The Goodwill Defendants interviewed
Gloria and her mother and received a complete history of Gloria’s physical and mental
impairments. Neither Gloria nor her mother were ever told of Goodwill’s business plan to
employ felons, who they knew posed an incredibly high risk of harm for Gloria. Had Gloria’s
mother been told this, she wouldn’t have considered allowing Gloria to work there.
This
material fact was fraudulently concealed by the Goodwill Defendants with the intent to induce
Gloria to be employed by them for their financial gain.
Gloria and her mother relied on the
material misrepresentations of the Goodwill Defendants that the Amarillo Thrift Store was a safe
place for Gloria to work.
5.18
DEFENDANT WATSON is 48 year old African American male who was on parole
when the Goodwill Defendants hired him to work at the Amarillo Store.
The Goodwill
Defendant performed no significant background check on Watson and developed no plan for
adequate supervision once he was hired. Watson’s criminal arrest history, prior to employment
at Goodwill, was as follows:
Plaintiffs’ Original Petition
Page 5
Date
5.19
Charge __
_______
1/19/87
Theft (misdemeanor)
1/26/88
Burglary of Habitation (felony)
8/5/88
Burglary of Habitation (felony)
8/17/90
Evading Detention (felony)
2/21/91
Auto Theft (felony)
6/12/91
Delivery Controlled Substance (felony)
8/2/03
Possession of Controlled Substance (felony)
5/27/08
Evading Arrest (misdemeanor)
7/16/09
Evading Arrest (misdemeanor)
7/22/09
Prostitution (misdemeanor)
6/17/10
Possession of Controlled Substance (felony)
10/13/10
Delivery of Controlled Substance (felony)
4/25/11
Domestic Violence (misdemeanor)
In October, 2014, while at work for the Goodwill Defendants, Gloria forgot her
lunch at home. She went to her supervisor to tell her because she was hungry. The supervisor
told her there was nothing she could do and to try not to forget her lunch again.
5.20
DEFENDANT WATSON overheard the conversation between Gloria and the
supervisor and suggested someone take Gloria to McDonalds©. The supervisor then allowed
Watson to take Gloria, unsupervised, to McDonalds© in Watson’s van. Once they arrived
Watson sexually assaulted Gloria and threatened that she would be fired from Goodwill if she
told anyone. He then took money from Gloria and purchased a “Happy Meal” for her. Gloria
Plaintiffs’ Original Petition
Page 6
kept the secret as long as she could out of fear of being fired from her first and only job, which
she cherished.
5.21
On March 26, 2015, Gloria was taken by her mother to a local hospital because of
back pain. Neither realized it, but Gloria was pregnant and giving birth to Watson’s child.
Gloria didn’t make it inside the hospital and gave birth on the parking lot pavement. She and her
mother carried the infant boy into the hospital. The baby weighed just 2 pounds and was in
critical condition. Appropriately, law enforcement was called by hospital staff, and Gloria
finally divulged what had happened with Watson. Police interviewed Watson who admitted
having sex with Gloria on multiple occasions, but claimed she consented to all sexual activity.
In April, 2015, the Amarillo Police Department took DNA samples from Watson, statements
from witnesses, and presented the case for formal charges to Potter County District Attorney,
Randall Simms, who is preparing the case for presentation to a Grand Jury.
5.22
Plaintiff, JEREMIAH HUNTER RICKETTS, Minor Child suffered premature birth
which caused lifelong injuries. His medical problems and developmental delays are a direct and
proximate result of his premature birth.
These injuries and damages were the direct and
proximate result of the Defendants collective negligent and/or intentional tortious conduct.
5.23
Plaintiff, Donna Ricketts now cares for Gloria as well as the baby and plans to
continue caring for them the rest of her life.
5.24
The Goodwill Defendants have not terminated Watson for fear he may sue them
for wrongful termination. He continues as their manager, employee, agent or servant working at
the Amarillo Thrift Store. However, he has refused to give Goodwill a formal statement as
required by the Goodwill Defendants’ Employee Handbook and their written Policies and
Procedures.
Plaintiffs’ Original Petition
Page 7
VI.
RELATIONSHIP OF THE DEFENDANTS & FINANCIAL MOTIVATION
6.25
Defendant, Goodwill Industries International, Inc. was established in 1933 as a
non-profit corporation. Its initial “mission,” according to their website, was to benefit society by
providing employment opportunities to certain groups of disabled, disadvantaged and essentially
unemployable persons.
The organization expanded nationally by encouraging member
companies to open throughout the United States and abroad. Defendant, Goodwill Industries of
Lubbock, Inc., was formed in 2013, and operates stores in Lubbock and Amarillo, Texas. The
common operational plan of these Goodwill Defendants was to advertise widely for charitable
donations of the following: a) cash; b) real property; c) vehicles; d) household furniture; 3)
clothing; and f) appliances. The local members would then sell the tangible items at Thrift
Stores for prices comparable to other for-profit stores selling similar items. The donor would
benefit from tax deductions for the donated items. The local and national Goodwill Defendants
earned and profited from sales, and paid no state or federal income tax because of their nonprofit status. In addition, each year the Goodwill Defendants solicited funds from charitable
organizations including the United Way affiliates in Amarillo and Lubbock. The Goodwill
Defendants have collected millions of dollars annually from United Way organizations
nationwide. The Amarillo United Way donates approximately $150,000.00 annually to the
Amarillo Goodwill.
6.26
Initially, the Goodwill Defendants focused on hiring the disabled including
physically and mentally handicapped persons.
Federal labor laws allowed the Goodwill
Defendants to avoid minimum wage laws and paid their disabled employees just a few dollars an
hour.
The Goodwill Defendants jointly benefited further by receiving annual tax credits
Plaintiffs’ Original Petition
Page 8
amounting to thousands of dollars for each disabled employee they hired. These tax credits
allowed both Goodwill Defendants to profit further.
6.27
Eventually, the Goodwill Defendants decided to formalize and publicly announce
their long established practice of hiring convicted felons, released from prison and unable to find
employment. They did this to qualify for millions of dollars in federal grants available from
programs which focused on re-entry employment opportunities for felons. Many Goodwill
felons were violent offenders with long criminal histories. These Goodwill felons were also paid
below federal minimum wage standards and entitled the Goodwill Defendants valuable tax
credits. Shortly after implementing their plan of employing felons, the Goodwill Defendants
realized they created a problem.
They ignored industry standards for: background checks;
safety; training; “sheltered workshop rules”; and supervision. Almost immediately, the Goodwill
felons engaged in widespread criminal activities targeting Goodwill co-employees. The criminal
conduct included violent sexual assaults against Goodwill employees suffering from mental
retardation. (See Section XI herein below). Goodwill International and affiliate members were
sued frequently throughout the United States. Many of the lawsuits resulted in large jury verdicts
or settlements. The Goodwill Defendants have attempted to keep these settlements from the
public and major donors, like United Way, by requiring confidentiality in the most aggregious
cases.
Goodwill Industries International, Inc. has refused to change its policies and
procedures to protect the most vulnerable of their employees, the mentally handicapped.
Unbelievably, in their “Position Statement” the Goodwill Defendants encouraged other major
U.S. Companies to follow their lead by not conducting extensive background checks on job
applicants and/or ignoring their violent past criminal histories.
Plaintiffs’ Original Petition
As expected, not a single
Page 9
significant American company has chosen to follow Goodwill’s ridiculous, irresponsible and
dangerous path.
VII.
RESPONDEAT SUPERIOR
7.28
In the alternative, Plaintiffs will prove that, at all relevant and material times,
Defendant Watson was acting a manager, employee, agent, and/or servant of the Goodwill
Defendants and was working in the course and scope of his employment with them. Thus,
pursuant to the doctrine of Respondeat Superior the Goodwill Defendants are liable for the
negligent, intentional, criminal and/or tortuous conduct of Defendant, Watson, as more fully
alleged herein.
VIII.
SHAM CORPORATION & ALTER EGO
8.29
Defendant, Goodwill Industries International, Inc requires its members,
including Defendant, Goodwill Industries of Lubbock, Inc. to sign “Member Agreements.”
The “Member Agreements” allow direct control over Thrift Store operations including policies
and procedures for employment of felons. The member affiliates are provided all necessary
operational assistance, as more particularly outlined in Section X below.
8.30
Plaintiffs will show at trial that Defendant, Goodwill Industries International,
Inc. is a “sham corporation” set up solely to protect its assets from liabilities for its member’s
conduct. In fact, it will be proven that Defendants, Goodwill Industries of Lubbock, Inc. is
nothing more than an alter ego of Defendant, Goodwill Industries International, Inc. and its
negligence in this case should be equally attributed to Goodwill Industries International, Inc.
to avoid perpetrating the fraud of alleged separate corporate entities.
Plaintiffs’ Original Petition
Page 10
IX.
AGENCY RELATIONSHIP
9:31
Plaintiffs will prove at trial that Defendant, Goodwill Industries of Lubbock,
Inc. was, at all relevant and material times, acting as an ostensible and/or apparent agent for its
principle, Defendant, Goodwill Industries International, Inc. As agent and principle both
Goodwill Defendants are liable for the negligence of each other, as herein alleged. Further,
Plaintiffs will prove that Watson, at all relevant and material times, was acting as a principle,
manager and/or agent of both Goodwill Defendants. As such, the Goodwill Defendants are
liable for his negligent and/or intentional, tortious conduct while working for them, including at
all times relevant and material to Plaintiffs’ claims.
X.
JOINT VENTURE & JOINT ENTERPRISE
10.32 Further, Plaintiffs intend to prove that both Goodwill Defendants were engaged in
a joint enterprise and/or joint venture in Texas with the operation of the Amarillo Goodwill
Store. As such, each member of the joint venture and/or joint enterprise is vicariously liable for
the negligence of the other, as that negligence relates to the claims and allegations alleged herein.
10.33 According to Defendant, Goodwill Industries International, Inc.’s website it
exclusively provides the following non-discretionary and necessary services for member stores
including Defendant, Goodwill Industries of Lubbock, Inc’s. Amarillo Store:
a)
Representation of the “enterprise” before the U.S. Federal government;
b)
Representation of the “enterprise” before national and international
organizations;
c)
Consulting services;
Plaintiffs’ Original Petition
Page 11
d)
Workforce development;
e)
Retail development;
f)
Commercial operations;
g)
Financial management;
h)
Management information;
i)
Education & Training;
j)
Public Relations; and
k)
Legislative information.
10.34 Plaintiffs will prove that Defendant, Goodwill Industries International, Inc.,
actually possesses and exercises equal power (with members) to dictate and control the method
and manner of operation of its member’s stores, including Defendant, Goodwill Industries of
Lubbock, Inc.’s Amarillo store. Further, it will be proven at trial that the Goodwill Defendants
shared profits and expenses and relied on each other for their joint operations.
10.35 The Second Chance Act was signed into federal law April 9, 2008, authorizing
$330,000,000.00 in grant money for re-entry programs such as the plan devised by the Goodwill
Defendants. This financial incentive was cited in Goodwill International’s “Position Statement”
to motivate potential investors to become members and open new stores throughout the United
States.
10.36 The “Position Statement” of Goodwill also cited the work opportunity tax credit
program which allows valuable tax credits for hiring felons. In 2013, Defendant, Goodwill
Industries International, Inc. actually received federal grants totaling $13,164,497.00 for
hiring felons at member stores.
Plaintiffs’ Original Petition
Page 12
10.37 As of December 31, 2013, Defendant, Goodwill Industries International, Inc.
had $38,945,003.00 in total assets. These assets were achieved by accumulated tax credit and
dues paid by member stores including the Amarillo, Texas store operated by Defendant,
Goodwill Industries of Lubbock, Inc. The dues were derived, at least in part, from charitable
contributions and store sales in Amarillo, Texas.
XI.
THE GOODWILL DEFENDANTS’ GREED OUTWEIGHED THE KNOWN RISKS
11.38 Sixteen years ago, on August 4, 1994, another 33 year-old female Goodwill
employee suffering from mental retardation, Sherrie Ann Krasevic, was sexually assault by a
Goodwill felon.
Her parents filed a lawsuit against Goodwill.
On April 30, 1999, a
Pennsylvania jury found against Goodwill. On November 16, 2000 the Pennsylvania Appellate
Court upheld the Krasevic jury’s verdict, despite Goodwill’s attempt to evade justice on
technicalities. (See, Sherrie Ann Krasevic, An Incapacitated Person vs. Goodwill Industries of
Central Pennsylvania, Inc. Superior Court of Pennsylvania 11/16/2000). In September, 2007,
Defendant, Goodwill Industries International Inc., commissioned a state-by-state survey of
laws concerning liability it and its affiliates could anticipate for hiring felons who caused injuries
to co-employees. In November, 2008, Defendant, Goodwill Industries International, Inc.
published its “Position Statement” mandating that current and future members, including
Defendant, Goodwill Industries of Lubbock, Inc., begin hiring felons without conducting
meaningful background checks. The financial incentives for members was outlined in the
“Position Statement” as well as the risks of criminal conduct committed by the Goodwill felons
against innocent co-employees. For at least the last 16 years, Goodwill has been aware of the
extreme risk of harm to its employees at the hands of violent Goodwill felons, but failed to
Plaintiffs’ Original Petition
Page 13
disclose these risks to its employees at anytime.
These material facts were fraudulently
concealed by the Goodwill Defendants with the specific purpose of inducing employment from
the general public, and particularly the disabled. Gloria and her mother both relied on the
Goodwill Defendants’ explicit and implicit representations that Goodwill was a safe place to
work. Had they known the truth, Gloria would not have agreed to employment at Goodwill and
Watson’s criminal sexual assault would never have occurred. She and her mother relied on these
material misrepresentations to their detriment and their injuries and damages were a direct and
proximate result of those material misrepresentations.
XII.
CLAIMS AGAINST THE GOODWILL DEFENDANTS
A. General Negligence of The Goodwill Defendants & Violations of the Texas Labor Code:
12.39 Defendant, Goodwill Industries International, Inc. mandated that Defendant,
Goodwill Industries of Lubbock, Inc., begin hiring felons, and both engaged in the following
malicious, knowing, intentional and/or negligent acts and/or omissions:
a)
failing to provide notice to community law enforcement of the plan to
hire felons, including Watson;
b)
failing to warn existing employees, including Gloria, of the plan to hire
felons, including Watson;
c)
failing to advise community charities, from whom they solicited
contributions, of the plan to hire felons, including Watson;
d)
failing to do minimal background criminal checks on felons they intended
to hire, including Watson;
Plaintiffs’ Original Petition
Page 14
e)
failing to notify local mental health authorities of its plan to hire felons,
including Watson, who would enjoy unsupervised contact with mentally
impaired Goodwill employees, including Gloria;
f)
failing to implement education and training of Goodwill employees and
supervisors of the need for closely monitoring high-risk felons, including
Watson, who would find easy prey among the existing workforce,
especially the mentally impaired, including Gloria;
g)
failing to implement supervisory policies and procedures designed to
protect Goodwill employees, including Gloria, from Goodwill felons,
including Watson;
h)
failing to notify guardians of mentally impaired Goodwill employees,
including Gloria’s mother, of their plan to hire dangerous felons, including
Watson;
i)
negligent hiring of Watson;
j)
negligent supervision of Watson;
k)
negligent training of Watson;
l)
negligent pre-employment background screening of Watson; and
m)
failing to provide a safe place to work in violation of The Texas Labor
Code.
12.40 Essentially, in exchange for increased profits, the Goodwill Defendants allowed
their Thrift Stores throughout America to become playgrounds for sexual predators. They have
ignored dozens of violent sexual assaults committed against its physically and mentally disabled
employees and have no plans for prevention in the future. These Defendants have turned their
Plaintiffs’ Original Petition
Page 15
backs on disabled Americans who helped create the Goodwill empire, and have instead chosen to
protect Goodwill felons who provide for a greater profit margin.
B. Gross Negligence, Civil Fraud and Misrepresentation:
12.41 Plaintiffs will show that the Goodwill Defendants’ conduct, individually and in
concert with each other, was willful, wanton and with reckless disregard for the safety of others,
including their employee, Plaintiff, GLORIA ANN RICKETTS. Further, Plaintiffs’ will show at
trial that Defendants’ acts and/or omissions were done knowingly and with conscious
deliberation in spite of the known high degree of risk for harm to Gloria.
Said conduct
constitutes gross negligence and/or maliciousness, thereby entitling Plaintiffs to punitive
damages from each Defendant, in an amount to be determined by a jury. Further, Plaintiffs will
prove that the Goodwill Defendants made knowing, explicate and implicate, misrepresentations
to Gloria and her mother regarding the safety of their workplace. The representations were false
and made knowingly with the intention of inducing Gloria to work for them for their financial
gain.
Gloria and her mother relied on the false and fraudulent misrepresentation to their
detriment and suffered injuries and damages as set forth below.
C. Aiding & Abetting Criminal Assault Against Plaintiff, Gloria Ricketts:
12.42 Plaintiffs will show at trial that the Goodwill Defendants have aided and abetted
Defendant, Watson with his intentional sexual assault of Plaintiff, GLORIA ANN RICKETTS, and
probably others. These Defendants were aware of the extremely high risk of his criminal
conduct created by their negligence and had a non-delegable duty to protect Plaintiff, GLORIA
ANN RICKETTS from harm in their workplace. Pursuant to Section 876(b) of The Restatement
(Second) of Torts the Goodwill Defendants are liable for aiding and abetting Watson’s criminal
conduct because they were actually and constructively aware that Watson’s likely criminal, anti-
Plaintiffs’ Original Petition
Page 16
social and dangerous conduct would be a breach of their non-delegable duty to provide a safe
place to work.
They ignored this high degree of risk. Failing to provide even minimal
supervision over Watson and allowing his unfettered access and unsupervised contact with
Gloria gave him substantial assistance and encouragement to commit his sexual assault of Gloria.
Defendants are jointly and severally liable for aiding and abetting Watson’s criminal conduct,
which caused injuries and damages to the Plaintiffs.
XIII.
CLAIMS AGAINST DEFENDANT, ROYCE WATSON
A. Intentional Torts and Negligence Per Se of Royce Watson:
13.43 Plaintiffs will prove at trial that Defendant Watson engaged in sexual criminal
assault of Gloria which resulted in an unwanted pregnancy. This caused her great pain, mental
anguish and humiliation. This criminal act constituted assault and battery, felony sexual assault
and negligence per se. The forced pregnancy led to the premature birth of Plaintiff, Jeremiah
Hunter Rickets, Minor Child who now suffers permanent injuries and damages as a result of his
premature birth. Watson’s conduct constituted criminal and civil assault and battery, intentional
infliction of emotional distress, and negligence per se, were a direct and proximate cause of
Plaintiffs’ injuries and damages as herein alleged.
XIV.
DAMAGES OF JEREMIAH HUNTER RICKETTS, MINOR CHILD
14.44 Plaintiff, JEREMIAH HUNTER RICKETTS, Minor Child has sustained numerous
injuries and damages as a result of his premature birth. He will need special education, medical
services, rehabilitation services, and psychological care for the remainder of his life. His life
expectancy is 81 years. His injuries and damages are a direct and proximate result of the
Plaintiffs’ Original Petition
Page 17
Defendants’ negligent and/or intentional tortious conduct. This Plaintiff will seek the following
damages from a jury:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
l)
Past pain and suffering;
Future pain and suffering;
Past mental anguish;
Future mental anguish;
Past physical impairment;
Future physical impairment;
Future medical care;
Future psychological care;
Future rehabilitative and educational services;
Future assisted living cost;
Future loss of income; and
Punitive damages
_____________
Total Minimum Damages
$25,000,000.00
XV.
DAMAGES OF GLORIA RICKETTS
15.45 Plaintiff GLORIA RICKETTS has sustained numerous injuries and damages as a
result of Defendants’ collective conduct, including sexual assault, an unwanted pregnancy and a
wrongful birth. She will need medical, rehabilitation and psychological care for the remainder of
her life, exclusive of her son’s damages, because of these injuries. These injuries and damages
are a direct and proximate result of the Defendants negligent and/or intentional tortuous conduct.
This Plaintiff will seek the following damages from a jury:
Plaintiffs’ Original Petition
Page 18
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
Past pain and suffering;
Future pain and suffering;
Past mental anguish;
Future mental anguish;
Past and Future medical care for Jeremiah until 18;
Past and Future psychological care for Jeremiah until 18;
Past and Future rehabilitative care for Jeremiah until 18;
Past and Future assisted living cost for Jeremiah until 18;
Past and Future medical and psychological care for herself;
Punitive damages.
____________
Total Minimum Damages
$25,000,000.00
XVI.
DAMAGES OF DONNA RICKETTS, INDIVIDUALLY AND ON BEHALF OF GLORIA AND JEREMIAH
16.46 Plaintiff DONNA RICKETTS has sustained numerous damages as a result of
injuries to her daughter and grandson, overwhom she is guardian. As their primary caretaker,
she is entitled to compensation for her home healthcare as well as other necessities for the baby
in the future. These damages are a direct and proximate result of the Defendants negligent
and/or intentional tortious conduct. This Plaintiff will seek additional damages on behalf of her
daughter and grandson as set forth hereinabove in Sections XIV and XV.
XVII.
JURY DEMAND
17.47 Plaintiffs herein respectfully request a trial by jury and tender their jury fee
concurrently with filing of this Original Petition.
Plaintiffs’ Original Petition
Page 19
XVIII.
PRAYER
18.48 WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that the Defendants be
cited to appear and answer herein; that upon final trial hereof, Plaintiff have judgment against the
Defendants jointly and severally, for the full amount of their damages, as herein alleged; prejudgment interest and post judgment interest as the legal rate; costs of Court; punitive damages;
and such other further relief to which they may show themselves to be justly entitled.
Respectfully submitted,
QUACKENBUSH LAW FIRM
________________________________
Jesse Quackenbush
Texas State Bar No. 16421975
801 S. Fillmore, Suite 465
Amarillo, Texas 79101
PHONE:
(806) 374-4024
FAX:
(806) 352-0073
E-MAIL:
jesseqlf@gmail.com
ATTORNEY FOR PLAINTIFFS
Plaintiffs’ Original Petition
Page 20