CAUSE NO JOHNNY DOE IN THE DISTRICT COURT OF. Plaintiff, v. HARRIS COUNTY, TEXAS. Defendants. 333RD JUDICIAL DISTRICT

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1 7/14/2016 4:37:22 PM Chris Daniel - District Clerk Harris County Envelope No By: Euniecy Gentry Filed: 7/14/2016 4:37:22 PM CAUSE NO JOHNNY DOE IN THE DISTRICT COURT OF Plaintiff, v. HARRIS COUNTY, TEXAS CAMP LA JUNTA 1928, LP and BLAKE SMITH Defendants. 333RD JUDICIAL DISTRICT THIRD AMENDED PETITION TO THE HONORABLE JUDGE OF SAID COURT: Plaintiff, JOHNNY DOE 1, files his Third Amended Petition and asserts the following allegations and claims against Defendants CAMP LA JUNTA 1928, L.P.; BLAKE SMITH; CAMP LA JUNTA, INC.; AND CLJ MANAGEMENT SYSTEMS, L.L.C. (hereinafter referred to as Defendants ) and for causes of action would respectfully show the Court the following: I DISCOVERY CONTROL PLAN 1. Discovery is intended to be conducted under Level 3 of the Texas Rules of Civil Procedure, Rule 190. II REQUESTS FOR DISCLOSURE 2. Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Defendants are requested to disclose the information and material described in Rule within fifty (30) days of the service of this Requests for Disclosure to Defendants. 1 Johnny Doe is a pseudonym used to protect the identity of the plaintiff, a victim of sexual assault.

2 III PARTIES 3. Plaintiff Johnny Doe is an individual residing in Houston, Harris County, Texas. 4. Defendant CAMP LA JUNTA 1928, LP has been served and has appeared. 5. Defendant BLAKE SMITH has been served and has appeared. 6. Defendant Camp La Junta, Inc. has been served and has appeared. 7. Defendant CLJ Management Systems, L.L.C. has been served and has appeared. IV VENUE AND JURISDICTION 8. Venue is mandatory in Harris County, Texas under TEX. CIV. PRAC. & REM. CODE because this suit involves libel and slander and this is the county where Plaintiff resided when this claim accrued. 9. Venue is proper in Harris County, Texas because all or part of the cause of action accrued, and/or some or all of the Defendants have agents and/or representatives who conduct business in Harris County, Texas. TEX. CIV. PRAC. & REM. CODE This Court has jurisdiction over the controversy because Plaintiff has suffered damages within the jurisdictional limits of this Court. V FACTS 11. Billing itself as the premier summer camp for boys, Camp La Junta is located in Hunt, Texas and operates as a private, for-profit organization. Defendants own, operate, control, and/or employ personnel at Camp La Junta. 12. Camp La Junta instructs prospective parents that Camp La Junta will treat its campers as if the campers were the camp directors own children and that Camp La Junta will 2

3 assume the parents parental responsibilities. As a result, Camp La Junta acknowledges that it has a special responsibility to protect its campers health, safety, and welfare. 13. The camp reserves its enrollment for young boys between the ages of 7 and 14 years. Promotional literature for the camp represents that [w]hen our summer is over we fully expect that your son will have had a fun summer camp experience as well as a positive, confidence building, life experience. The camp actively promotes enrollment in its summer program through personal appearances and presentations made by the camp s owner and operator, Blake Smith, and other owners, directors, employees, and agents in Harris County, Texas. 14. Johnny Doe s parents enrolled their 11-year-old son, in Camp La Junta s summer program in Johnny Doe previously had attended Camp La Junta s summer program in During the 2008 summer program, Johnny Doe experienced no problems, including no problems with homesickness. 15. Beginning on Tuesday, July 7, 2009 through Sunday, July 19, 2009, Johnny Doe attended session 2A at Camp La Junta. Johnny Doe was assigned to a cabin under the supervision of Senior Camp Counselor, Matthew Bovee. Camp La Junta advertises that its cabin life is part of the camp experiences designed to challenge our campers with daily activity choices as well as life time personal choices. 16. Counselors at Camp La Junta are instructed and tasked with the responsibility for every aspect of a camper s life while at camp, including a camper s eating habits, sleeping habits, bathroom habits, shower habits, and medical condition. In fact, counselors are instructed and trained to act as each camper s mother, father, brother, teacher, coach, and best friend. 17. Senior Camp Counselor Bovee had also worked as a counselor at Camp Rio Vista (a camp neighboring Camp La Junta) the previous summer. Bovee had been terminated from that 3

4 position because he either (a) falsely accused another co-counselor of viewing child pornography during camp, or (b) personally was caught having viewed child pornography during camp. 18. Before Johnny Doe attended Camp La Junta in 2009, Senior Camp Counselor Bovee had been involved in a series of problematic behavior. Bovee s supervisors and cocounselors had determined that Bovee was arrogant, insubordinate, and a liar. Bovee was so disliked by his fellow co-counselors that one night another co-counselor approached Bovee and verbally assaulted Bovee for his behavior and actions. The vast majority of Bovee s co-counselors believed that he was a homosexual. Bovee had also been found passed out, and presumably intoxicated, in his vehicle in the camp s parking lot. Despite the fact that Bovee had been the cause of these behavioral problems, Camp La Junta immediately terminated the employment of the co-counselor who verbally assaulted Bovee and retained Bovee. 19. In fact, the number 3 ranking employee at Camp La Junta determined that Bovee s employment should have been terminated in mid-june This employee s concerns went unheeded. 20. Senior Camp Counselor Bovee showed Johnny Doe multiple knives, told Johnny Doe that he had a firearm on the campgrounds, and bragged (falsely) about having served in the United States Marine Corps. Occasionally, Bovee would require Johnny Doe to lay in bed with him. Bovee also required Johnny Doe to take as many as six showers per day as a form of punishment. When Johnny Doe exited the shower, naked except for a towel wrapped around his waist, Bovee would conduct a shower check on Johnny Doe by physically touching, inspecting, and penetrating Johnny Doe s genitals and anus. Bovee conducted shower checks on all the campers in his cabin nightly. 21. Senior Camp Counselor Bovee s shower checks were witnessed by Bovee s cocounselors. As the senior counselor, Bovee had the authority to conduct the shower checks in his 4

5 own means and manner. These co-counselors were disturbed by what they witnessed and reported Bovee s shower checks to Camp La Junta s directors as weird, creepy, and inappropriate. Bovee s co-counselors also believed that Bovee had a masturbation problem and that Bovee would masturbate five to six times per day while underneath his covers or in the shower. In response to these concerns, Camp La Junta failed to take appropriate action and failed to stop the shower checks. 22. Humiliated and confused by Bovee s treatment, Johnny Doe wrote a letter to his parents complaining about his camp experience and the repeated showers without disclosing details that he had been sexually abused and intimidated by Bovee: It is not fun any more. You won t believe this I had to take a shower 6 times as punishments that were no fair. [Bovee] forgot to check after I took a shower so no one saw me naked so now he has to check me every time I take a shower. I want to go home, p.s. Please do something. When Johnny Doe s mother received her son s letter, she immediately contacted the camp s owner and operator, Blake Smith, and shared her concerns about the unusual letter she had received from her son. She also forwarded a copy of the letter to Blake Smith. Johnny Doe s father also spoke to Blake Smith. 23. Johnny Doe s mother asked for an opportunity to speak to her son by telephone. Blake Smith discouraged her from speaking to her son and asserted that Johnny Doe was simply experiencing home sickness that would only be exaggerated by speaking to his mother. Blake Smith falsely told Johnny Doe s mother and father that home sickness is more common with campers during their second summer away from home. Blake Smith did not advise Johnny Doe s parents that there had been previous reports that Bovee had been conducting weird, creepy, and inappropriate shower checks. Blake Smith did not advise Johnny Doe s parents that Bovee was 5

6 considered a liar, arrogant, and insubordinate. Blake Smith did not advise Johnny Doe s parents that the vast majority of Bovee s co-counselors believed that he was a homosexual. 24. Instead, Blake Smith told Johnny Doe s parents that there was always doublecoverage and triple-coverage during shower time and implied that Johnny Doe s allegations could not be accurate. Blake Smith told Johnny Doe s parents that Senior Counselor Bovee was a very experienced counselor and one of the best counselors at Camp La Junta. Blake Smith knew that these statements were false when he made them. Nonetheless, Johnny Doe s mother rejected Blake Smith s speculation about her son and boasts regarding Bovee s qualifications, and insisted that she would drive to the camp immediately to see her son if she could not speak to him by phone. 25. Blake Smith reluctantly agreed to allow a phone call. He arranged for Johnny Doe to speak to his mother by telephone. Johnny Doe s only opportunity to speak to his mother about his ordeal occurred in a crowded cafeteria with both Bovee and Blake Smith present during the call. In fact, Bovee stood just a few feet away from Johnny Doe during the entirety of the conversation. 26. After speaking to her son, Johnny Doe s mother insisted that Blake Smith investigate her son s report about multiple showers and shower checks. Blake Smith did not meaningfully investigate the report, and Johnny Doe continued to suffer abuse at the hands of Bovee until the end of camp. 27. The only investigation conducted by Camp La Junta was to have the number 3 ranking employee who was not able to identify Johnny Doe before the investigation and could not even identify Johnny Doe today discuss the allegations of sexual abuse with Johnny Doe while Johnny Doe and the number 3 ranking employee were on a canoe in a narrow body of water surrounded by other campers. The number 3 ranking employee did not talk to any other counselors 6

7 or campers. In fact, the number 3 ranking employee today admits that his investigation was faulty and unreasonable. Unfortunately, the negligent investigation allowed Bovee to continue sexually assaulting Johnny Doe through the end of camp. 28. Prior to and around the time of the investigation, Blake Smith and the number 2 ranking employee at Camp La Junta had been having multiple heated arguments with Bovee regarding his conduct at the camp. In fact, prior to and around the date in which Bovee penetrated Johnny Doe s anus, Blake Smith had determined that: Bovee was [c]lashing with much of his fellow staff; arrogant; difficult to trust; not to be trusted; has issues with the truth; very paranoid; follows many of his half-truths with a worse half-truth in talking himself out of a situation; going to sue us because we had ruined his name; and has become uncomfortable around leadership and most everyone else. Blake Smith had further identified a number of specific lies Number of stories that are either untrue or unconformable: Wrestling scholarship, service in Marines, taught Vista girls war canoe, been to 100 camps, been camping for 13 summers, got offered leadership job at camp in NE, pioneered Night Opps program at Vista that specifically brought back 6 kids, caught co-counselor with kiddee porn and threw him out of cabin. Blake Smith did not share any of this information with Johnny Doe s parents, or any other parents. 29. Because of the widespread dislike for Senior Camp Counselor Bovee, a group of his co-counselors vandalized Bovee s vehicle. After this event, Bovee (not Camp La Junta) determined that Bovee should leave the employment of Camp La Junta. Camp La Junta, however, released Bovee from his employment contract and paid Bovee in full as if he had worked the entire summer without incident. 30. After Senior Counselor Bovee resigned from Camp La Junta, Blake Smith contacted by the parents of campers assigned to Bovee s cabin. In this , Blake Smith advised parents that Bovee did not have any issues that would lead us to be concerned with cabin 7

8 life or camp in general. Blake Smith knew that this statement was false at the time that he wrote it. 31. Johnny Doe returned home at the end of his summer session. However, Johnny Doe developed serious emotional and social problems on his return home. Johnny Doe became emotionally distant, acted isolated, and exhibited other symptoms of a victim of sexual abuse. As a result, Johnny Doe s mother again contacted Blake Smith in Fall 2009 to inquire further into Senior Camp Counselor Bovee s and Johnny Doe s interactions at camp. 32. In these communications, Johnny Doe s mother specifically told Blake Smith that she suspected that Johnny Doe may have been sexually abused at Camp La Junta. In response, Blake Smith again advised Johnny Doe s mother that Bovee did not have any issues at camp that should concern her. However, Blake Smith agreed to contact Bovee s co-counselors to find out whether Bovee had engaged in any inappropriate behavior during camp. 33. Blake Smith failed to honor his promise to a parent concerned about the possible sexual abuse of her son. Blake Smith only contacted a single co-counselor, even though Bovee had three co-counselors during the time Johnny Doe attended Camp La Junta and even though two of the co-counselors had reported Bovee s weird, creepy, and inappropriate shower checks. 34. Blake Smith sent an to one of Bovee s co-counselors. However, in the e- mail, Blake Smith did not identify Johnny Doe s mother s actual concerns or even mention Bovee. Instead, Blake Smith told the co-counselor that Johnny Doe was being picked on at school and inquired whether any issues had arisen at camp that may have led to this development. 35. After receiving a response from the co-counselor indicating that Johnny Doe had never been picked on at camp and that he never had any discipline issues with Johnny Doe, Blake Smith responded to Johnny Doe s mother s inquiry. Blake Smith did not tell Johnny Doe s mother what the co-counselor s actual response was or what information Blake Smith s actual 8

9 correspondence sought. Rather, Blake Smith told Johnny Doe s mother that he had been searching and found no one that observed Bovee having any inappropriate conduct with any of the campers. Blake Smith made intentionally false statements to Johnny Doe s mother because Blake Smith had not asked a single person about Bovee s inappropriate conduct, and Blake Smith knew that Bovee had been performing weird, creepy, and inappropriate shower checks on all the campers in the Bovee s cabin. 36. Johnny Doe did not disclose the details of the abuse he suffered at Camp La Junta until several months later in an impromptu comment explaining why he did not want his younger brother to attend a summer camp. Though experiencing nightmares and other effects of sexual abuse, Johnny Doe remained silent because of his fear that Bovee would find him and retaliate against him if he talked. When he finally disclosed what had happened to him at camp, the matter was immediately referred to law enforcement authorities. Bovee was arrested and charged with the felony offense of sexually abusing a child a short time later. 37. In response to the public charges against Bovee, Blake Smith told a local newspaper that [f]rom a personal and business standpoint, we're devastated that this accusation has been made. News of the criminal charge caused parents of some former and returning campers to inquire about the incident with Blake Smith. 38. Rather than embracing the safety and well-being of a former camper, Blake Smith repeatedly made oral and written statements emphasizing strong denials made by Bovee. At the same time, Blake Smith repeatedly made statements emphasizing that the victim-camper was the only witness and the only child who had complained of abuse. Blake Smith also represented and implied that the victim-camper had emotional problems, was a problem child, was lying, and that the victim-camper s family was litigious. Blake Smith made these statements in mailings sent to and conversations conducted with residents of Harris County, Texas. 9

10 39. Blake Smith knew that his statements were false when he made them. Blake Smith knew that another camper in a different session had been asked by Senior Camp Counselor Bovee whether the camper was wearing underwear underneath his towel, implying that the camper should expose himself to Bovee. In addition, Blake Smith knew that Bovee had taken other campers skinny-dipping in violation of camp rules. Furthermore, Blake Smith knew that Bovee had taken numerous campers on late-night walks alone and that the campers had returned to their cabins in tears. Despite this knowledge, Blake Smith continued to support Bovee publicly and kept his true knowledge of the facts and circumstances secret. Furthermore, Blake Smith kept portions of this information from law enforcement investigating the criminal conduct of Bovee, even though Blake Smith specifically told the reporting parents that he had shared this information with law enforcement. 40. On May 10, 2011, Bovee pleaded guilty to the felony offense of injury to a child (Texas Penal Code ) by sexually abusing Johnny Doe, specifically by intentionally or knowingly caus[ing] bodily injury to Johnny Doe, a child 14 years of age or younger, by penetrating the anus of Johnny Doe. After the guilty plea, Blake Smith sent a letter to parents advising parents that his colleague and co-owner had supported Johnny Doe and his family during the trial. Blake Smith failed to inform parents that Camp La Junta s support meant only that the fellow co-owner sat on the prosecution s side of the courtroom. 41. Bovee is currently serving a 9-year prison sentence for his criminal conduct. In the meantime, Camp La Junta prepares for another summer session that s all about boys. And, Blake Smith continues to deny the fact that Bovee sexually abused Johnny Doe or to express any remorse for what happened. 10

11 VI CLAIMS AND CAUSES OF ACTION AGAINST DEFENDANTS Defamation 42. Johnny Doe adopts and incorporates by reference each and every allegation set 43. Defendants published statements through oral and written communications with third parties asserting as fact that Johnny Doe was emotionally troubled and lied about the sexual abuse he suffered at Camp La Junta. 44. Defendants statements were defamatory and false. Defendants statements were per se and per quod defamatory. 45. In making these false and defamatory statements, Defendants acted with actual malice and/or negligently. In addition, Defendants are strictly liable for the statements that they made without regard to fault. suffer injuries. 46. Defendants false and defamatory statements proximately caused Johnny Doe to Negligence 47. Johnny Doe adopts and incorporates by reference each and every allegation set 48. Defendants, singularly and collectively and jointly and severally, committed negligence by failing to act as a reasonable and prudent person would have under the same or similar circumstances. Specifically, Defendants committed negligence by: a. Failing to create and implement policies and procedures to prevent the sexual abuse of children, like Johnny Doe; b. Failing to create and implement policies and procedures to prevent the hiring or retention of would be sexual predators, like Bovee; 11

12 c. Failing to conduct a proper and thorough investigation of Bovee; d. Failing to create and implement policies and procedures to ensure proper supervision of children, such as Johnny Doe, entrusted to Defendants; e. Failing to create and implement policies and procedures to ensure the proper supervision of employees, such as Bovee, who are entrusted with the care of children; f. Failing to create and implement policies and procedures to ensure the immediate termination of employees, such as Bovee, who engage in inappropriate behavior involving children; g. Failing to properly and thoroughly investigate and respond to prior complaints regarding Bovee s inappropriate behavior at other youth camps; h. Failing to immediately terminate Bovee upon the first report of his inappropriate behavior; i. Failing to warn and inform the children and families of Bovee s inappropriate behavior involving Johnny Doe and other young boys; j. Failing to thoroughly investigate complaints regarding Bovee s inappropriate behavior involving Johnny Doe and other young boys; k. By committing other acts of negligence which Plaintiff shall further describe and prove after an adequate time for discovery. 49. Defendants knew or by the exercise of ordinary and prudent care should have known that permitting Bovee to be in any position of authority, respect, and trust, particularly as a senior camp counselor, posed an unreasonable risk of harm to the children of the camp. 50. Defendants negligence, singularly and collectively and jointly and severally, proximately caused Johnny Doe s personal injuries, emotional trauma, and damages. Negligent Retention and Supervision 51. Johnny Doe adopts and incorporates by reference each and every allegation set 52. Defendants negligently employed, supervised, and retained Bovee despite knowledge of his inappropriate behavior involving, Johnny Doe and other young boys. Further, 12

13 Defendants allowed Bovee to continue his employment and position of trust at Camp La Junta when they knew or should have known that he posed an unreasonable risk of harm to children. Additionally, Defendants failed to act in a reasonable manner by not conducting a thorough and formal investigation into reports of Bovee s inappropriate behavior involving Johnny Doe and other young boys. 53. Defendants negligence, singularly and collectively and jointly and severally, proximately caused Johnny Doe s personal injuries, emotional trauma, and damages. Negligent Assumption of the Risk of Intentional or Criminal Conduct Restatement (Second) Torts 302B 54. Johnny Doe adopts and incorporates by reference each and every allegation set 55. Johnny Doe hereby assert that Defendants are liable for acts and/or omissions pursuant to Restatement (Second) of Torts, Section 302B, under the legal doctrine of Negligent Assumption of the Risk of Intentional or Criminal Conduct. Section 302B of the Restatement (Second) of Torts recognizes liability where the actor has brought into contact or association with the other a person whom the actor knows or should know to be peculiarly likely to commit intentional misconduct, under circumstances which afford a peculiar opportunity or temptation for such misconduct. In this regard, Johnny Doe pleads Negligent Assumption of the Risk of Intentional Conduct or Criminal Conduct based on the facts set Specifically, Defendants knew or should have known that Bovee was peculiarly likely to pose an unreasonable risk of harm to children, especially young boys. 56. Defendants wrongful conduct in this regard, singularly and collectively and jointly and severally, proximately caused Johnny Doe s personal injuries, emotional trauma, and damages. 13

14 Negligent Misrepresentation Involving Risk of Physical Harm Restatement (Second) Torts Johnny Doe adopts and incorporates by reference each and every allegation set 58. Johnny Doe hereby asserts that Defendants are liable for acts and/or omissions pursuant to Restatement (Second) of Torts, Section 311, under the legal doctrine of Negligent Misrepresentation Involving Risk of Physical Harm. Section 311 of the Restatement (Second) of Torts states in pertinent part: 1. One who negligently gives false information to another is subject to liability for physical harm caused by action taken by the other in reasonable reliance upon such information, where such harm results: (a) (b) to the other, or to such third persons as the actor should expect to be put in peril by the action taken. 2. Such negligence may consist of failure to exercise reasonable care: (a) (b) in ascertaining the accuracy of the information, or in the manner in which it is communicated. Restatement (Second) of Torts Defendants repeated failure to ascertain and/or apprise Johnny Doe, his parents, and the other young children at the camp and their families of Bovee s inappropriate behavior involving young boys placed the young boys, including Johnny Doe, and their families in grave danger. 60. Johnny Doe specifically pleads Negligent Misrepresentation Involving Risk of Physical Harm and assert that it was the pure and simple fact the Defendants bestowed the title and position of Senior Camp Counselor upon Bovee that allowed him to gain access to his victims. Accordingly, Johnny Doe, the other young boys at the camp, and their families trusted 14

15 Bovee. They did so based on representations made by the Defendants. Johnny Doe, the other young boys at the camp, and their families relied on the statements made by Defendants and by virtue of the title of Senior Camp Counselor bestowed upon Bovee. 61. In reasonable reliance on these representations, Johnny Doe, the other young boys at the camp, and their families entrusted Johnny Doe and other young boys to the care and company of Bovee. Such trust allowed Johnny Doe to be in proximity to Bovee and thus resulted in harm which Johnny Doe and other young boys would not have otherwise been exposed absent this misplaced trust in Defendants. Defendants made negligent misrepresentations involving risk of physical harm in violation of Restatement (Second) Torts Section Defendants wrongful conduct in this regard, singularly and collectively and jointly and severally, proximately caused Johnny Doe s personal injuries, emotional trauma, and damages. Duty of Master to Control Conduct of Servant Restatement (Second) of Torts Johnny Doe adopts and incorporates by reference each and every allegation set 64. Johnny Doe hereby asserts that Defendants are liable for acts and/or omissions pursuant to Restatement (Second) of Torts, Sections 317, under the legal doctrine of Duty of Master to Control Conduct of Servant. Section 317 of the Restatement (Second) of Torts provides that a master is under a duty to exercise reasonable care so to control his servant while acting outside the scope of his employment as to prevent him from intentionally harming others or from so conducting himself as to create an unreasonable risk of bodily harm to them, if (a) the servant is upon the premises in possession of the master or upon which the servant is privileged to enter only as his servant, and (b) the master knows or has reason to know that he has the ability to control 15

16 his servant, and knows or should know of the necessity and opportunity for exercising such control. In this regard, Johnny Doe pleads Duty of Master to Control Conduct of Servant based on the facts set Specifically, Bovee was on Defendants premises at and around the time he injured Johnny Doe, Defendants knew or should have known that they had the ability to control Bovee, and Defendants knew or should have known of the necessity and opportunity to exercise that control over Bovee. 65. Defendants wrongful conduct in this regard, singularly and collectively and jointly and severally, proximately caused Johnny Doe s personal injuries, emotional trauma, and damages. Negligence Per Se 25 Texas Administrative Code (d) 66. Johnny Doe adopts and incorporates by reference each and every allegation set 67. Johnny Doe hereby asserts that Defendants are liable for acts and/or omissions that constitute Negligence Per Se under 25 Tex. Admin. Code Johnny Doe belongs to the class of persons this statute is designed to protect, and his injuries are the type this statute was designed to prevent. This statute is one for which tort liability may be imposed when violated. Defendants violated this statute without excuse when Defendants failed to make a report that Johnny Doe may have been sexually abused and neglected after Defendants had cause to believe that Johnny Doe may have been sexually abused and neglected. 68. Defendants wrongful conduct in this regard, singularly and collectively and jointly and severally, proximately caused Johnny Doe s personal injuries, emotional trauma, and damages. Infliction of Bodily Injury 16

17 69. Johnny Doe adopts and incorporates by reference each and every allegation set 70. Johnny Doe hereby asserts that Defendants committed the tort of Infliction of Bodily Injury against Johnny Doe. Defendants acted intentionally, knowingly, or recklessly. Defendants made contact with Johnny Doe s person. Defendants contact caused bodily injury to Johnny Doe. Joint Enterprise 71. Johnny Doe adopts and incorporates by reference each and every allegation set 72. Johnny Doe would show that Defendants are each vicariously liable for the torts, negligence, and damages attributed to each other because these Defendants were engaged in a joint enterprise. Indeed, these Defendants engaged in a joint enterprise to promote, grow, nurture, and foster the Camp experience and agenda, and they shared common purposes and goals promoting, growing, nurturing, and fostering Camp La Junta; they had a common business or pecuniary interest; and they each had input and a right to direct and control this joint enterprise. 73. Defendants wrongful conduct in this regard, singularly and collectively and jointly and severally, proximately caused Johnny Doe s personal injuries, emotional trauma, and damages. Agency 74. Johnny Doe adopts and incorporates by reference each and every allegation set 75. Johnny Doe would show that Defendants are vicariously liable for the torts, negligence, and damages attributed to Bovee. In this regard, Bovee was an agent of Defendants acting with actual, express, implied, and/or apparent authority at all material times herein. 17

18 76. Johnny Doe would show that Camp La Junta is vicariously liable for the torts, negligence, and damages attributed to Blake Smith. In this regard, Smith was an agent of Camp La Junta acting with actual, express, implied, and/or apparent authority at all material times herein. 77. Defendants wrongful conduct in this regard, singularly and collectively and jointly and severally, proximately caused Johnny Doe s personal injuries, emotional trauma, and damages. Respondeat Superior 78. Johnny Doe adopts and incorporates by reference each and every allegation set 79. Johnny Doe would show that Defendants are vicariously liable for the torts, negligence, and damages attributed to Bovee and/or Blake Smith, and others because said individuals were employees, officers, and/or agents of Camp La Junta acting in the course and scope of their employment and/or agency at all material times at issue herein. Vice-Principal Liability 80. Johnny Doe adopts and incorporates by reference each and every allegation set 81. Johnny Doe would show that Matthew Bovee, Blake Smith, and other agents, employees, and representatives are vice-principals of Camp La Junta 1928, L.P.; Camp La Junta, Inc.; and CLJ Management Systems, L.L.C. Matthew Bovee, Blake Smith, and other employees, agents, and representatives of Camp La Junta 1928, L.P.; Camp La Junta, Inc.; and CLJ Management Systems, L.L.C. committed a tort. Camp La Junta 1928, L.P.; Camp La Junta, Inc.; and CLJ Management Systems, L.L.C. are corporate entities. Matthew Bovee, Blake Smith, and other employees, agents, and representatives of Camp La Junta 1928, L.P.; Camp La Junta, Inc.; and CLJ Management Systems, L.L.C. were (a) corporate officers, (b) persons with the authority 18

19 to employ, direct, and discharge employees, (c) persons engaged in the performance of nondelegable or absolute duties, and/or (d) persons to whom the management of all or part of the Defendants business was delegated. Non-Delegable Duty Restatement (Second) of Agency 214 & Johnny Doe adopts and incorporates by reference each and every allegation set 83. Johnny Doe hereby asserts that Defendants are liable for acts and/or omissions pursuant to Restatement (Second) of Agency, Sections 214 and 219, under the legal doctrine of Failure of Principal to Perform Non-Delegable Duty. Section 214 of the Restatement (Second) of Agency provides that a master or other principal who is under a duty to provide protection for or to have care used to protect others or their property and who confides the performance of such duty to a servant or other person is subject to liability to such others for harm caused to them by the failure of such agent to perform the duty. In this regard, Johnny Doe pleads Failure of Principal to Perform Non-Delegable Duty based on the facts set Specifically, Defendants had a duty to protect Johnny Doe, confided the performance of that duty to Bovee and other employees, and are subject to liability to Johnny Doe for the harm caused by Bovee s and the other employees failure to perform the duty. 84. Defendants wrongful conduct in this regard, singularly and collectively and jointly and severally, proximately caused Johnny Doe s personal injuries, emotional trauma, and damages. Use of Force Restatement (Second) of Agency Johnny Doe adopts and incorporates by reference each and every allegation set 19

20 86. Johnny Doe hereby asserts that Defendants are liable for acts and/or omissions pursuant to Restatement (Second) of Agency, Sections 245, under the legal doctrine of Use of Force. Section 245 of the Restatement (Second) of Agency provides that a master is subject to liability for the intended tortious harm by a servant to the person or things of another by an act done in connection with the servant s employment, although the act was unauthorized, if the act was not unexpectable in view of the duties of the servant. In this regard, Johnny Doe pleads Use of Force based on the facts set Specifically, Defendants are liable to Johnny Doe for the intentional acts of Bovee because Bovee s acts were done in connection with his employment and the acts were not unexpectable in view of Bovee s duties. 87. Defendants wrongful conduct in this regard, singularly and collectively and jointly and severally, proximately caused Johnny Doe s personal injuries, emotional trauma, and damages. VII DAMAGES 88. Johnny Doe adopts and incorporates by reference each and every allegation set 89. As a direct and proximate result of Defendants wrongful actions, Johnny Doe suffered serious personal injury and mental anguish and trauma. Accordingly, Johnny Doe seeks the following damages: a. Reasonable and necessary medical, psychiatric, and psychological expenses incurred in the past; b. Reasonable and necessary medical, psychiatric, and psychological expenses reasonably likely to be incurred in the future; c. Lost earning capacity in the future; d. Mental anguish in the past; e. Mental anguish in the future; 20

21 f. Physical and mental impairment/disfigurement in the past; g. Physical and mental impairment/disfigurement in the future; h. Physical and psychological pain/mental anguish suffered in the past; i. Physical and psychological pain/mental anguish suffered in the future; j. Loss of enjoyment and quality of life in the past; k. Loss of enjoyment and quality of life in the future; l. Pre-judgment interest as recoverable by law at the highest rate available by law; m. Post-judgment interest at the highest rate recoverable by law; n. Attorneys Fees; and o. Costs of Court. VIII EXEMPLARY AND PUNITIVE DAMAGES 90. Johnny Doe adopts and incorporates by reference each and every allegation set 91. The sexual abuse, molestation, fondling, and inappropriate touching by Defendants Senior Camp Counselor, and Johnny Doe s resulting damages, were directly and proximately caused by Defendants careless, reckless, wanton, and oppressive conduct, and Defendants reckless indifference for the rights and welfare of others, including Johnny Doe. 92. The acts and omissions of the Defendants, and each of them, as set forth throughout this Petition, are of such character to make Defendants guilty of gross negligence. The conduct of these Defendants, and each of them, constitutes intentional, careless, wanton and reckless disregard and conscious indifference for the rights, welfare, and safety of Johnny Doe. The actions of the Defendants, and each of them, warrant an award to Johnny Doe of exemplary or punitive damages from each Defendant. 21

22 93. Matthew Bovee, Blake Smith, and other employees, agents, and representatives of Camp La Junta 1928, L.P.; Camp La Junta, Inc.; and CLJ Management Systems, L.L.C. were viceprincipals of Camp La Junta 1928, L.P.; Camp La Junta, Inc.; and CLJ Management Systems, L.L.C. As a result, the acts and omissions of Matthew Bovee, Blake Smith, and other employees, agents, and representatives of Camp La Junta 1928, L.P.; Camp La Junta, Inc.; and CLJ Management Systems, L.L.C. constitute the direct acts and omissions of Camp La Junta 1928, L.P.; Camp La Junta, Inc.; and CLJ Management Systems, L.L.C. 94. Matthew Bovee, Blake Smith, and other employees, agents, and representatives of Camp La Junta 1928, L.P.; Camp La Junta, Inc.; and CLJ Management Systems, L.L.C. acted with malice in causing harm to Johnny Doe. The actions of Matthew Bovee, Blake Smith, and other employees, agents, and representatives of Camp La Junta 1928, L.P.; Camp La Junta, Inc.; and CLJ Management Systems, L.L.C. warrant an award to the Johnny Doe of exemplary or punitive damages from each Defendant. 95. Because the malicious acts of Matthew Bovee constitute a felonious criminal act under Texas Civil Practice and Remedies Code (c)(4) (7), and because Matthew Bovee is a vice-principal of Camp La Junta 1928, L.P.; Camp La Junta, Inc.; and CLJ Management Systems, L.L.C., there is no statutory cap on the amount of exemplary or punitive damages that may be awarded against Camp La Junta 1928, L.P.; Camp La Junta, Inc.; and CLJ Management Systems, L.L.C. IX JURY DEMAND 96. Johnny Doe demands a trial by jury and has tendered the appropriate fee. 22

23 X INTEREST 97. Johnny Doe seeks to recover pre-judgment and post-judgment interest as allowed by law. XI PRAYER Johnny Doe prays that upon final trial hereof, Johnny Doe recovers damages as specified above from the Defendants, plus punitive damages, attorneys fees, costs of court, and prejudgment and post-judgment interest at the legal rate and in an amount to be determined by a jury within the jurisdictional limits of the Court; and that Johnny Doe have such other and further relief, general and special, at law and in equity, to which they may be justly entitled under the facts and circumstances. Respectfully submitted, RUSTY HARDIN & ASSOCIATES, LLP /s/ Joe Roden Rusty Hardin State Bar No Andy Drumheller State Bar No Joe Roden State Bar No McKinney Street, Suite 2250 Houston, Texas Telephone: (713) Facsimile: (713) ATTORNEYS FOR PLAINTIFF 23

24 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was served on all counsel of record for Defendants by eservice on July 14, 2016, pursuant to Rule 21a. /s/ Joe Roden Joe Roden 24