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Cause No.








PLAINTIFFS SECOND AMENDED PETITION TO THE HONORABLE JUDGE OF SAID COURT: Kathryn and Jeremy Medlen, Plaintiffs, file this suit against Carla Strickland and show the following: Discovery Control Plan 1. Plaintiffs intend for discovery to be conducted under Level 3 pursuant to Rule 190.4 of the Texas Rules of Civil Procedure. Parties 2. The plaintiffs are residents of Tarrant County, Texas. The last three digits of Kathryn Medlens Social Security number are 154 and the last three digits of Jeremy Medlens Social Security Number are 609.

3. The defendant, Carla Strickland, is an individual residing in Tarrant County and has appeared and answered herein. Jurisdiction and Venue 4. This court has jurisdiction over this cause under Section 25.003 of the Texas Government Code because this is a civil matter and the amount in controversy exceeds $500 but does not exceed $100,000. Venue is proper in Tarrant County under Sections 15.002(1) because the events giving rise to the claim occurred in Tarrant County.

Facts of the Case 5. On or about June 2, 2009 Kathryn and Jeremy Medlens dog, Avery, escaped from their backyard. Avery was picked up by employees of the Animal Care and Control Division of the City of Fort Worth (hereinafter called Animal Control). Jeremy

Medlen went to the animal shelter operated by Animal Control and discovered that Avery was in their custody. He was told that he could return on June 10, 2009 and pick up Avery. A hold for owner tag was placed on Averys cage by an employee of Animal Control to notify other employees at Animal Control that Avery was not to be euthanized because his owner would be returning to pick him up. Under the rules, policies and procedures of Animal Control no dog was to be euthanized that had a hold for owner tag on its cage. Animal Control employees had no discretion as to whether they could euthanize a dog that had such a tag on its cage. They were prohibited from euthanizing any dog that had this tag on its cage.

6. On June 6, 2009 the defendant, an Animal Control employee, made a list of the animals that were to be euthanized the following day. She placed Avery on that list even though he had a hold for owner tag on his cage. On June 7, 2009 Avery was euthanized by Animal Control. On June 10, 2009 Jeremy Medlen and his two children went to the animal shelter to pick up Avery and learned, to their horror, that Avery was dead. The entire Medlen family was devastated by the loss of Avery, who was like a family member to them.

Negligence of Defendants 7. The negligence of the defendant proximately caused the death of Avery, and the damages described below. Specifically, the defendant was negligent in:

a. Placing Avery on the list of animals to be euthanized when there was a hold for owner tag on his cage; b. Ordering or approving the killing of Avery when she knew or should have known that

Averys owners were coming to reclaim him; c. Failing to follow Animal Controls rules, policies, and procedures which prohibited Avery from being killed under the circumstances.

No Immunity 8. This lawsuit is not brought under the Texas Tort Claims Act and the defendant is not being sued in her official capacity. The defendant is sued personally in her individual capacity. At all times material to this cause of action the defendant was performing ministerial duties. She did not act in good faith in that no reasonable prudent animal control employee in the defendants position could have believed that Avery should be euthanized or placed on the list of animals to be euthanized.

Damages 9. Avery had little or no market value and cannot be replaced. His intrinsic value was far greater than any market value he may have had. Therefore, Kathryn and Jeremy Medlen bring this action to recover damages for the intrinsic value of Avery.

Prayer 10. Kathryn and Jeremy Medlen pray that the defendant be cited to appear and answer this lawsuit and that after a trial they recover a judgment against the defendant for actual damages within the jurisdictional limits of this Court, for costs of court, for prejudgment and post judgment interest, and for such other relief at law or in equity to which they may be justly entitled.

Respectfully submitted, TURNER & McKENZIE, PC

By:_________________________ RANDALL E. TURNER State Bar No: 20328310

1800 Norwood Dr., Suite 100 Hurst, Texas 76054 Telephone: 817-282-3868 Fax: 817-268-1563 Email:


CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument has been served upon the Attorney of Record of all parties to the above-entitled and numbered cause in accordance with TEX. R. CIV. P. 21a, on this _____ day of _______________________, 2010, by the following method: _____ _____ _____ _____ personal delivery telephonic document transfer (fax) certified mail courier receipted delivery

Via Facsimile: 817.336.0199 Paul Boudloche Mason & Boudloche, L.L.P 6115 Camp Bowie Blvd., Suite 154 Fort Worth, Texas 76116 Via Facsimile: 817.392.8359 Luis E. Fierros James A. Riddell Assistant City Attorneys 1000 Throckmorton Fort Worth, Texas 76102-6311

______________________________ RANDALL E. TURNER THOMAS W. MCKENZIE