Beruflich Dokumente
Kultur Dokumente
16 COMES NOW Tara Walker lyons, Plaintiff, by and through her counsel of record,
17 Molly K. Howard, of the law firm Datsopoulos, MacDonald & Lind, P.C., and for her
18 Amended Complaint against Defendants, Larry Atchison and Cynthia Atchison, states
21 1. Plaintiff Tara Walker lyons: Plaintiff Tara Walker Lyons (hereinafter "Plaintiff') is
22 an adult woman who was subjected to child sexual abuse and other harm as a direct
2 Atchison. Plaintiff was at all times relevant a resident of Sanders County, Montana.
3 2. At all times material hereto, Defendant Larry Atchison was a resident of Lewis
5 3. At all times material hereto, Defendant Cynthia Atchison was a resident of Lewis
7 4. Defendants john Doe 2-5 are persons whose identities are as yet undetermined,
10 5. Jurisdiction and venue over this matter, upon filing of this Complaint and Demand
11 for Jury Trial, rests with this Court pursuant to M.R.Civ.P. 48 and Mont. Code Ann. §
12 25-2-118(1). Plaintiff's injuries and the underlying causes of action arose from child
13 sexual abuse which occurred in Lewis and Clark County, Montana, between 1994 and
14 2001.
15 GENERAL ALLEGATIONS
18 7. Defendant Larry Atchison sexually abused Plaintiff not less than three to four
19 times per month, every month, during the years of 1994, 1995, 1996, 1997, 1998, 1999,
20 2000, and 2001. Plaintiff was 6 years old when the abuse began in 1994.
21 8. At all times material hereto, Defendant Larry Atchison acted in a manner likely to
2 Atchison. The child sexual abuse of Plaintiff took a variety of forms. The abuse included,
3 but was not limited to, forced fondling of mouth, breasts and genitals, digital vaginal
5 10. At all times material hereto, Defendant Cynthia Atchison was aware of, or should
6 have been aware of, Defendant Larry Atchison's inappropriate and predatory conduct
7 towards Plaintiff.
8 11. Defendant Cynthia Atchison failed to act to prevent the sexual abuse of the
9 Plaintiff and furthermore failed to report Plaintiffs sexual abuse of the Plaintiff.
10 12. Plaintiff's cause of action did not begin to accrue until she discovered the acts,
11 abuse and/or exploitation and its causal relationship to her injuries and/or damages.
15 13. Plaintiff incorporates by reference all other paragraphs of this Complaint as if fully
17 14. At all times material hereto, Defendant Larry Atchison negligently or intentionally
19 15. Plaintiff suffered multiple severe injuries and damages as a direct result of the
20 child sexual abuse, including but not limited to physical injuries, physical and emotional
21 pain and suffering, depression, anxiety, substance abuse, and Post Traumatic Stress
22 Disorder.
3 17. Plaintiff's injuries and damages are permanent, progressive and disabling. These
4 damages include both severe physical and emotional injury. These damages include
5 special and general damages to be proven at the time of trial, in an amount now
8 18. Plaintiff did not connect her various injuries to Defendant Larry Atchison's child
11 PUNITIVE DAMAGES
13 19. Plaintiff incorporates by reference all other paragraphs of this Complaint as iffully
15 20. At all times material hereto. Defendant Larry Atchison acted in conscious or
16 intentional disregard for the high probability of injury to Plaintiff when he repeatedly
18 21. Such acts were committed when it was foreseeable that such acts would cause
19 serious bodily injury to Plaintiff and with wanton and reckless disregard of the harmful
20 results.
21 22. Defendant Larry Atchison acted with malice because he knew that his actions
22 created a high probabitity of injury to Plaintiff or intentionally disregarded that his actions
2 relevant, performed actions that were certain or substantially certain to result in the
7 23. Plaintiff incorporates by reference all other paragraphs of this Complaint as if fully
9 24. .Defendant Cynthia Atchison, as the mother of the Plaintiff, owed a duty to Plaintiff
10 to act with reasonable care under the circumstances. Specifically, Defendant Cynthia
11 Atchison had a duty to immediately act in the best interest of her minor child (Plaintiff)
12 upon receiving knowledge that Plaintiff was being sexually exploited by her husband,
14 Atchison owed a duty to Plaintiff, who could have foreseeably been injured by Larry
16 25. Defendant Cynthia Atchison breached this duty by failing to act to stop the sexual
17 abuse of Plaintiff that was occurring at the hands of Defendant Larry Atch ison.
18 26. Defendant Cynthia Atchison's negligent acts include, but are not limited to the
19 following:
4 authorities; and
6 circumstances.
7 27. As a direct and proximate result of Defendant Cynthia Atchison's negligent acts
10 follows:
14 to others;
16 6. For such other and further relief as the Court deems just and equitable under the
17 relevant circumstances.
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MoFyHoward
22 Attorneys for Plaintiff
6
Molly Howafif"
7 Attorneys for Plaintiff
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CERTIFICATE OF SERVICE
9
The undersigned hereby certifies that on the ~~ day of March, 2018 a true
10 and correct copy of the foregoing document was mailed to the following individual:
11 Eric D. Mills
Christpher A. Hoffman
12 SUTTON, DUBOIS & MilLS, PLlC
104 4th St. N, Ste. 200
13 P.O. Box 1348
Great Falls, MT 59403 , ~-~ .
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