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FILED For Record MAR 23 2016 CAUSENO. SCGSA4 WAR 2 8 2016 JODY R. WADE, Individuall x z JODY WADE ENTERPRISES, LLC/DBA, Michaet R. Little, justice atoms BIG DADDY'S TOWING & RECOVERY § IN THE JUSTICE LEGR y Texas vs. 5 WICHITA COUNTY, TEXAS § DINIA LYNN ALLEN, Individually and CHRIS ALLEN 5 PLAINTIFF'S ORIGINAL PETITIO? ‘TO THE HONORABLE JUDGE OF SAID COUR NOW COMES, Jody R. Wade, Individually and Jody Wade Enterprises, LLC/dba Big Daddy's Towing and Recovery, Plaintiffs herein, filing this Petition and will show the court the following: 1. DISCOVERY LEVEL 2 Due to the nature of this action and the amount in controversy, Plaintiff states that this case may have to be conducted under Level 2 Discovery as that is defined in the Texas Rules of Civil Procedure. Plaintiff will seek permission from the court of Level 2 Discovery is required. I. PARTIES Plaintiff, Jody R, Wade (hereinafter, Wade) bring this action individually. Plaintiff Wade resides in the City of Wichita Falls, Wichita County Texas. The last 3 digits of Wade's DL are 517. Plaintiff, Jody Wade Enterprises, LLC/dba Big Daddy’s Towing & Recovery Services (hereinafter, JWE) is a limited liability company formed under the laws of the State of Texas. Plaintiff's principal office is located at 3101 Armory Road, Wichita Falls, Wichita County, Texas. leis Original Peon : Paget Defendants, Dinia Lynn Allen is an individual who resides in Wichita County and may be served with process at her place of work, USA Auto Sales, 1307 Scott Street, Wichita Falls, ‘Texas. Defendant Chris Allen may be served at the same address, UL. JURISDICTION AND VENUE This is an action for defamation per se, negligence and gross negligence. As such this Court has jurisdiction to hear the claims under Texas Law. Venue is proper in this County under §15.017 of the Texas Civil Practice and Remedies Code as this is the County of the Plaintiff's residence. IV. ACTS OF DEFENDANT Defendant, made many intentional false written accusations that unambiguously made the Plaintiff's seem to be charged with a crime, committed a crime, acts of dishonesty, fraud, or general depravity, falsehoods that occupation, Main v. Royall, 348 $,W.3D 318,390 (Tex App Dallas 2011,no pet.) Statements involving defamation per se damages are presumed, and plaintiffs are entitled to recover general damages, including damages for loss of reputation and metal anguish. Defendant, intentionally published written statements to harm the Plaimtfis and the statements made are defamatory per se and the statements speak for themselves allowing the Plaintiffs to recover damages in the jurisdictional limits of the court. V. CAUSES OF ACTION DEFAMATION AND LIBEL PER SE As more fully set forth above, Defendant Allen made defamatory statements about Wade and JWE which were untrue, and disparaged, and therefore damaged the reputation of Wade, JWE and caused other damages. The defamatory language was clear and reasonably capable of only one meaning. The defamatory language was for no purpose other than to injure Plaintiff's Plainiihs Original Petition Paged reputation, expose them to public hatred, contempt or ridicule, impeach their honesty, integrity, virtue or reputation and to cause harm, In reaction to the defamatory statements by Defendant the Plaintiffs has been harassed by others accessing the web page, they been emotionally devastated and suffered anxiety, worry, sleeplessness and other physical manifestations of emotional distress. These statements have caused great unnecessary emotional pain and mental suffering. Defendants’ statements were not privileged in any way. Further, statements regarding sexuality acts, and of committing a crime are considered libel per se under Texas law. The statements were published on facebook.com in a non-private web page and were therefore accessible to anyone in the world. As a direct and proximate result of Defendants’ defamatory statements, Plaintifis have been damaged and such damages were proximately caused by Defendants’ libel. The defendants Facebook page consist of pictures of defendants, family, family pets, and the son of Defendant Dinia Allen. Both parties make posts and comments on various groups on Facebook. The most commonly known is a group called Rants and Raves of Wichita Falls which at approximately 16500 members. On January 1, 2016 Plaintiff Wade and his family home caught fire at 7712 highway 79 South, Wichita Falls, Archer County Texas. On January 2, 2016 Defendant posted in a public forum Rants and Raves of Wichita Falls accusing Plaintiff of arson, Defendant Dinia Allen stated at 7:30 pm “Jody Wade is a proven arsonist.” On February 19, 2016 at 8:52 pm Defendant Chris Allen posted on his wife's Facebook account about a related article concerning the Plaintiffs. Defendant Chris Allen posted; “Jody Plaintif's Original Petition Pass Wade is a fucking pussy!!! He's got the Sheriff's (sick) in either his ass or mouth so he gets away with everything. ..that guys a hoe. On February 19, 2016 at 8:55pm Defendant Dinia Allen posted under her husband's comments the following; “He hit a guy and had his truck towed to Dallas and fixed, Then paid the guy off to not talk. He is useless.” Then at 9:15 pm she went on to state; “I'm not sure....1 can't remember all the details. It’s happened more than once tho..so its possible. He"s such a crook. Further, Defendants" malicious and intentional acts against Plaintiffs impose liability for punitive damages as they were performed with malice and with knowledge of the actual truth. Plaintifis reserve the right to make further pleadings in the future. GROSS NEGLIGENCE Both Chris Allen and Dinia Allen were aware of the risk of harm from their publication of false statements about the Plaintifl’s on a public web site. Although aware of the risk of harm, they acted with conscious indifference to that risk and with malice toward Wade and nevertheless continued to publish the false statements. As a direct and proximate cause of their actions, they are liable to Wade for punitive damages and Wade seeks such damages against Dinia Allen and Chris Allen. VL COUNT 1 DEFAMATION PER SE AND STATUATORY DEFAMTION ‘The Plaintiffs incorporate by reference the facts previously set out in this petition, as is fully set forth herein. The defendants maintain a profile through a Facebook account which they regularly publish false and defamatory accusations about the Plaintiffs. Those accusations are being continually published and are being published at the present time. Plaintiff's Original Petition Page 4 These accusations are false and constitutes statutory libel in that among other things the accusation attempts to injure the reputation of the plaintiffs and expose the Plaintiffs to public hatred, contempt, or ridicule, expose the Plaintiffs to financial injury, damages Plaintif?’s profession and impeaches the Plaintiffs honesty, integrit Virtue, reputation, exposing the Plaintiffs to public hatred and ridicule, The false allegations were made and are being made by the Defendants with actual malice and constitute libel per se in that it stated that Plaintiff was guilty of professional misconduct, That false accusation against Plaintiffs jeopardizes Plaintiffs life work, career, business enterprises, and has caused severe emotional distress and suffering ‘That false accusation has caused Plaintiff to suffer loss of reputation, has damaged plaintiffs ability to engage in Pla fs chosen profession, has caused severe emotional distress and has interfered with Plaintiffs ability to conduct Plaintiff's affairs in a normal manner. VII COUNT 2: LIBEL PER SE AND STATUTORY LIBEL ‘The Plaintiffs incorporate by reference facts previously set forth in this Pet fully set forth herein, The defendants maintain a Facebook account through which they regularly publish false and defamatory accusations about the Plaintiff. These accusations are being continually published and are being published at this time. That accusation is false and constitutes statutory libel in that the accusation injures the reputation of the Plaintiff's and exposes the Plaintiffs to public hatred, contempt, or ridicule, expose the Plaintiff to financial injury, and impeach the Plaintififs honesty, integrity, virtue, or reputation, exposing the Plaintiff to public hatred and ridicule. Plaintf's Original Petition Pages The false allegations were made and are being made by the Defendants with actual malice and constitute libel per se in that it stated that Plaintiffs was guilty of gross professional misconduct. That false accusation against Plaintiffs jeopardizes Plaintiffs life's work, business enterprises and has caused severe emotional distress and suffering, VIII. COUNT 3: DEFAMATION, LIBEL, PER SE AND STATUTORY LIBEL The plaintiffs incorporate by reference the facts previously set forth in this petit fully set forth herein. ‘The false and defamatory statements and accusations were made by the Defendants with actual malice and were known by them to be untrue when they published it ‘That accusation is false and constitutes statutory libel in that the accusation injures the reputation of the Plaintiffs and exposes the Plaintiffs to public hatred, contempt, or ridicule, expose the Plaintiffs to financial injury, and impeach the Plaintiffs honesty, integrity, virtue, or reputation exposing the Plaintiffs to public hatred and ridicule The accusations are being continually published and are being published at the present time. That accusation was made and being made by the Defendants with actual malice and constitutes libel per se in that it stated that Plaintiffs was guilty of professional misconduct. 1X. COUNT LIBEL PER SE AND STATUTORY LIBEL The plaintiffs incorporate by reference facts previously set forth in this petition as is fully set forth herein. Plains Original Petition Pages That false accusation against Plaintiffs jeopardizes Plaintiff's life work, career, business enterprises, and has caused severe emotional distress and suffering, That accusation is false and constitutes statutory libel in that accusation injures the reputation of the plaintiffs and exposes the Plaintiffs to public hatred, contempt, or ridicule, expose the Plaintiffs to financial injury, and impeach the Plaintifi’s honesty, integrity, virtue, or reputation exposing the Plaintiffs to public hatred and ridicule. The accusation is being continuously published and is being published at the present time. X. COUNT 5: LIBEL AND LIBEL PE SE ‘The Plaintiffs incorporate by reference the facts contained herein. Defendants defamatory statements constitute slander per s that they stated and or suggested that the Plaintiffs was guilty of professional misconduct or acts that would constitute professional misconduct. Defendant's defamatory statements constitute slander per se in that they attack Plaintiffs current job and life's career and profession or enterprises. These accusations are false and constitute statutory slander in that the accusations injure the reputation of the Plaintiffs and expose the Plaintiffs to public hatred, contempt, or ridicule, finaneial injury, and impeach the Plaintiffs honesty integrity, virtue, or reputation VI. COUNT 6: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS Plaintiffs hereby incorporate by reference all of the facts previously plead in this petition as if fully set forth herein. Defendants accusations of Plaintiff being a “proven arsonist “is, outrageous. Plaintiffs have suffered severe emotional distress. VIL PUNITIVE DAMAGES. Plaintifs Original Petition Page? Pleading further Plaintiff alleges that under the factual all of the allegations stated herein the actions of the defendants described in each count set forth above were malicious violations of the right Plaintiffs. Plaintiffs, therefore, is entitled to recover exemplary damages. Plaintiffs would ask the court for punitive damages to deter the defendants and others similarly situated, from engaging in this type of conduct in the future. Accordingly, Plaintififs sues for exemplary damages for each county in this petition within the jurisdictional limits of the court. VIII. CONCLUSION AND PRAYER As a direct and proximate cause of the actions of the Defendants as outlined above, Plaintiffs has suffered damages. Those damages include but are not limited to, emotional distress and mental anguish and the maximum amount of damages sought by Plaintiffs is within the jurisdictional limits of this Court. Therefore, Ms. Draker prays that each Defendant be cited to appear herein, that upon trial, the Defendants be held liable for the causes of action pled and a judgment be entered against them awarding Plaintiffs all of the following: 1. Actual damages; 2. Consequential damages; 3. Each Plaintiff requests the maximum amount of $10,000.00 each against each of the defendants Damages for emotional distress and mental anguish; Exemplary damages; Pre- and post-judgment interest; Costs of Court; and Any other damages or relief Plaintiff's may show to be justly entitled, SI Aae Respectfully submitted, JODY R.WADE JODY WADE ENTERPRISES, LLC viet = fo Se be By: eLearn JODY R. , PRESIDENT 3101 Armory Road Plaintifr's Original Petition Page § . Wichita Falls, Texas 76302 940.767.5555 Telephone 940.767.0570 Fax Jody@wftowing.com Piaitif’s Original Petition aged