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FILED
TARRANT COUNTY
4/15/2015 5:13:37 PM
THOMAS A. WILDER
DISTRICT CLERK
OF TARRANT
COUNTY, TEXAS
of Anita Fox, deceased is a citizen of the state of Texas and a resident of Henderson County,
Texas. Plaintiff is also named as the executor in decedents will, which is currently being
PLAINTIFFS ORIGINAL PETITION & REQUEST FOR DISCLOSURE
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probated. Plaintiff brings this survival action as the personal representative of the estate of
Anita Fox, decedent.
2.
Texas. His estate may be served that may be served at 7979 N. Elrig, Houston, Texas 77041.
3.
Georgia corporation doing business in the state of Texas holding the life insurance policy of
Defendant may be served with process through its registered agent Chris Granger at 15700
Long Vista Drive, Austin, Texas 78728-3822.
B. DISCOVERY-CONTROL PLAN
4.
5.
This action is brought to remedy the wrongful death of Anita Fox pursuant to
the wrongful death and survival statute promulgated in Section 71 of the Texas Civil
Practices and Remedies Code. The damages sought are within the jurisdictional limits of this
Court. Plaintiff seeks monetary relief of over $1,000,000.00.
D. JURISDICTION
6.
7.
Jurisdiction and venue is proper in Tarrant County because all each and every
court.
cause of action arises from or relates to the murder of Anita Fox, which occurred in Tarrant
County thereby conferring specific jurisdiction on Defendants.
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E. FACTS
8.
Defendant purchased a life insurance policy insuring the life of Ms. Anita Fox
premium on the policy until September 2014. On September 23, 2014, Defendant following
Ms. Anita Fox to her place of employment located at 501 Frontier Court, Colleyville, Tarrant
County, Texas. Defendant waited for Foxs employer to leave the residence then proceeded
to enter the home and stab Ms. Fox multiple times causing her death.
F. CAUSES OF ACTION
Survival Action
9.
Fox (decedent).
11.
12.
Before dying, decedent had a cause of action for assault and bodily injury,
which could have been brought against Defendant by decedent. Defendant stabbed and
eventually caused the death of Plaintiff. Ms. Fox suffered server physical injury, emotional
distress and pain and suffering.
13.
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14.
court.
Wrongful-Death
15.
decedents estate.
17.
have been entitled to bring this action against defendant if decedent had lived.
Defendants conduct of stabbing decedent multiple times causing decedents death was the
producing cause of injury to Plaintiff.
18.
court.
G. EXEMPLARY DAMAGES
19.
Decedents death resulted from Defendants willful act, which entitles decedents
heirs to decedents body to exemplary damages under Texas Constitution article 16, section 26.
H. JURY DEMAND
20.
Plaintiff demands a jury trial and tenders the appropriate fee with this petition.
I. REQUEST FOR DISCLOSURE
21.
Under Texas Rule of Civil Procedure 194, plaintiff requests that defendant
disclose, within 50 days of the service of this request, the information or material described
in Rule 194.2.
PLAINTIFFS ORIGINAL PETITION & REQUEST FOR DISCLOSURE
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J. PRAYER
For these reasons, Plaintiff asks that the Court issue citation for Defendant to appear and
answer, and that Plaintiff be awarded a judgment against Defendant for the following:
a. Actual damages;
b. Loss of Consortium;
c. Liquidated damages;
d. Mental anguish;
e. Physical pain and suffering;
f.
Funeral expenses;
g. Loss of inheritance;
h. Exemplary damages;
i.
j.
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