CAUSE NO.

352-289937-17

P.C. as next friend of C.C., a

Minor,
IN THE DISTRICT COURT
Plaintiff,
352nd JUDICIAL DISTRICT
v.
TARRANT COUNTY, TEXAS
ELLEN CRUTSINGER

Defendant

PLAINTIFF’S SECOND AMENDED PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

Now Comes P.C. as next friend of C.C., a Minor, Plaintiff, complaining of Ellen

Crutsinger, Defendant, and for cause of action would respectfully show the following:

Discovery Control Plan Level; Rule 47 Statement

1. Pursuant to Rule 190.3 of the Texas Rules of Civil Procedure, this case will

be governed according to Discovery Control Plan, Level 3.

2. Plaintiff seeks relief as provided in Rule 47(c) (5) of the Texas Rules of Civil

Procedure.

Parties, Jurisdiction, and Venue

3. Plaintiffs are individuals residing in Parker County, Texas.

4. Defendant Ellen Crutsinger is an individual residing in Tarrant County,

Texas. Defendant has been served and appeared in this matter.

Plaintiff’s Second Amended Petition Page 1

 5. The Court has jurisdiction over Ellen Crutsinger because Ellen Crutsinger is

a Texas resident. The Court has jurisdiction over the controversy because the damages are

in excess of the minimum jurisdictional limits of the Court, exclusive of costs and interest.

4.02 Venue is proper in Tarrant County, Texas. Specifically, venue is allowed in

this county because all or a substantial part of the events or omissions occurred in this

county pursuant to Tex. Civ. Prac. & Rem. Code Ann. §15.002(a)(1).

Statement of Facts

6. This is a personal injury suit arising out of an ongoing, continuing series of

child rapes that occurred in Tarrant County, Texas. From 2006 through July of 2013.

During that period, Thomas Gaylord Crutsinger (also known as Thomas Crutsinger and as

Tom Crutsinger) repeatedly and violently raped the Plaintiff, C.C., at 4454 Radstock

Court, Fort Worth, Texas 76133. Tom Crutsinger was married to Defendant Ellen

Crutsinger during each of the subject years, residing in the Radstock Court home with

Ellen Crutsinger who stood by while Tom Crutsinger performed his sexual assaults on the

minor child and who concealed the rapes from law enforcement.

7. Despite two separate investigations into whether Tom Crutsinger abused

C.C., one of which reported that “a preponderance of the evidence supports that the

alleged abuse or neglect did occur,” Ellen Crutsinger—through her lawyer hired by State

Farm Insurance—claims not to understand why C.C. is suing her and has demanded

additional details. In response to Ellen’s demand, C.C. recounts the lurid details.

8. Rapist Tom Crutsinger is the grandfather of C.C., and he and Ellen

Plaintiff’s Second Amended Petition Page 2

Crutsinger sought grandparent’s visitation rights in 2005 regarding C.C. for purposes of

having access to the child for sex. Tom Crutsinger and Ellen Crutsinger obtained these

rights and continued to exercise the rights to allow Tom Crutsinger to perpetrate years of

vile and disgusting acts upon the child. Tom Crutsigner was given an opportunity to

explain himself in this regard, and he was asked the following questions for each year (and

each policy period):

a) did you ever attempt to gain legal custody or visitation rights regarding
[C.C.] for purposes of having access to her for sex?
b) did you kiss her on the mouth?
c) did you attempt to place your tongue inside of her mouth
d) did you rub her vaginal area through her clothes?
e) did you rub her vaginal area?
f) did you insert any part of your body into her vagina?
g) did you rub her rectal area through her clothes?
h) did you insert any part of your body into her rectum?
i) did you rub her chest through her clothes?
j) did you rub her chest?
k) did you use an electronic device to access the Internet and show
pornographic images to [C.C.]?
l) did you show pornographic images to her?
m) did you lay on top of her while she was in bed?
n) did you photograph her while she was wearing only her underwear?
o) did you make a video recording of her while she was wearing only
Underwear?
p) did you promise her a reward if she allowed you to touch her vaginal area?
q) did you threaten her with punishment if she did not allow you to touch her
vaginal area?
r) did you place her in a closet as punishment?

9. Despite being given the opportunity to explain himself or even deny he

performed these acts, Tom Crutsinger replied—to each of these questions—“Based on the

advice of Counsel, I assert my Fifth Amendment rights under the United States

Constitution and Texas Constitution and remain silent.”

Plaintiff’s Second Amended Petition Page 3

 10. It is not known if videos and pictures taken on the child where for the

personal gratification of Tom Crutsinger or were traded with other men who possessed

similar perversions.

11. The Crutsinger lair was first investigated by child protective services in

2006. Defendant Ellen Crutsinger explained that investigators “were unable to understand

what [C.C.] was saying about it.” When Tom Crutsinger was asked whether he had “an

opinion on whether a victim with a speech impediment would have a more difficult time

reporting a crime when compared to a victim who did not have a speech impediment,”

Tom Crutsinger replied: “Based on the advice of Counsel, I assert my Fifth Amendment

rights under the United States Constitution and Texas Constitution and remain silent.”

Ellen Crutsinger failed to corroborate the child victim’s reports, so Tom Crutsinger was

asked “Did you and your wife have a meeting of the minds regarding a plan to cover up

your sexual abuse of [C.C.]?” When given the opportunity to deny or even explain this

scheme, Tom Crutsinger replied: “Based on the advice of Counsel, I assert my Fifth

Amendment rights under the United States Constitution and Texas Constitution and

remain silent.”

12. In 2006, Ellen Crutsinger owed C.C. a legal duty to come clean about the

perverse activities occurring in her home. Instead, in furtherance of the cover-up scheme,

Ellen Crutsinger made a false statement to government officials, denying the clear facts of

abuse. Ellen Crutsinger’s breach of her duty continued over the next seven years.

13. Tom Crutsinger refused to even provide an explanation for why Ellen

Crutsinger never came to the aid of the child in response to her screams of pain and

Plaintiff’s Second Amended Petition Page 4

anguish as Tom Crutsinger raped her. When asked about the distance between C.C.’s

bedroom and his own, when asked if the sounds of C.C. watching television or videos could

be heard from his bedroom, when asked where C.C. bathed, and when asked if C.C could

be heard while bathing, Tom Crutsinger replied: “Based on the advice of Counsel, I assert

my Fifth Amendment rights under the United States Constitution and Texas Constitution

and remain silent.”

14. During all relevant times, Tom Crutsinger worked at Lockheed Martin or

DRNS Technologies. It is not known if Tom Crutsinger ever took C.C. into these

workplaces.

15. Ellen Crutsinger continued to reside with Tom Crutsinger over the next

seven years as he routinely raped C.C. in their home. Throughout these years, Ellen

Crutsinger was a teacher certified by the state of Texas with knowledge of the need to

timely report child sexual abuse. She taught fourth graders—children within Tom

Crutsinger’s target age range—at the White Settlement Independent School District. It is

not known if Tom Crutsinger ever visited the elementary schools where Ellen Crutsinger

had access to small children.

16. Despite the ongoing child rapes between 2006 and 2013, Ellen Crutsinger

remained silent and failed to report the crimes. In 2013, Tom Crutsinger was arrested but

was not criminally prosecuted. But at the civil standard, the Texas Department of Family

and Protective Services found, in response to an investigation into whether Tom

Crutsinger abused C.C., that “a preponderance of the evidence supports that the alleged

abuse or neglect did occur.”

Plaintiff’s Second Amended Petition Page 5

 Causes of Action

17. Defendant Ellen Crutsinger owed C.C. a common-law duty not to expose

her to dangerous activities in Defendant’s home. Defendant breached that duty when she

allowed Tom Crutsinger’s ongoing sexual molestation of C.C. to occur in her home, and

that breach was a proximate cause of damages to C.C.

18. Defendant Ellen Crutsinger sought and obtained court-ordered access to

C.C. and thereby stood in loco parentis to C.C. and owed C.C. “the duty of care, control,

protection, and reasonable discipline …” Tex. Fam. Code § 151.001. Defendant Ellen

Crutsinger’s breached this duty when she declined to report the truth to government

officials, and this breach was a proximate cause of damages to C.C.

19. Tom Crustsinger committed a tort upon C.C., and Ellen Crutsinger knew

Tom Crutsinger’s conduct constituted a tort. With intent to assist Tom Crutsinger, Ellen

Crutsinger failed to disclose or report the ongoing torts, which failure was a substantial

factor in permitting the ongoing torts to continue. Ellen Crutsinger is therefore a co-

tortfeasor and is liable for the harm caused by the torts committed upon C.C. by child

rapist Tom Crutsinger.

20. Ellen Crutsinger and Tom Crutsinger entered into a civil conspiracy to

conceal knowledge of the Tom Crutsinger’s assaults upon C.C., thereby facilitating the

continuance of those assaults. Ellen Crutsinger and Tom Crutsinger formed a meeting of

the minds on this object or course of action, and they committed one or more unlawful,

overt acts in furtherance of the object or course of action. This cover-up caused discrete

Plaintiff’s Second Amended Petition Page 6

additional injuries to C.C. as a proximate result.

21. The conduct of Ellen Crutsinger and Tom Crutsinger, when viewed

objectively, involved an extreme degree of risk, considering the probability and magnitude

of the potential harm to others, and of which they had actual, subjective awareness, but

nevertheless proceeded with conscious indifference to the rights, safety and welfare of

others, specifically including C.C.

Damages

22. As a direct, foreseeable, and proximate result of the occurrence in question,

C.C. suffered the injuries and damages set out below:

a. Physical pain and suffering in the past;

b. Mental anguish, past and future.

23. C.C. additionally seeks exemplary damages as allowed by Chapter 41 of the

Texas Civil Practice & Remedies Code.

Wherefore, Premises Considered, Plaintiff request that Defendant be

cited to appear and answer, and that on final trial they have judgment against Defendant,

jointly and severally, in a sum in excess of the minimum jurisdictional limits of the Court;

prejudgment and postjudgment interest as provided by law; costs of suit; and such other

and further relief to which Plaintiff may be justly entitled.

____________________

Plaintiff’s Second Amended Petition Page 7

 Respectfully submitted,

____________________
Steven R. Samples
State Bar No. 24086348
James R. Ames, III
State Bar No. 24091111
Samples Ames pllc
860 Hebron Parkway; Ste 1103
Lewisville, Texas
(817) 605-1505
(855) 605-1505 Fax
docket@texaslit.com

Tom Hall
State Bar No. 08774570
Law Offices of Tom Hall
2605 Airport Freeway, Suite 100
Fort Worth, Texas 76111
(817) 831-6100
(817) 831-6127
thall@tomhalllaw.com

Attorneys for Plaintiff

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing document
has been served on all counsel of record via electronic service through the State of Texas
efiling portal, efile.txcourts.gov on the same date this document was tendered to the efiling
service provider for filing with the Court.

______________________________
Steven R. Samples

Plaintiff’s Second Amended Petition Page 8