D-1-GN CAUSE NO. _ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

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1 LINDA POOL, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF SARAH POOL, DECEASED, Plaintiff, D-1-GN CAUSE NO. _ 10/14/2015 3:05:25 PM Velva L. Price District Clerk Travis County D-1-GN Shaun Giasson IN THE DISTRICT COURT VS. OF TRAVIS COUNTY, TEXAS WESTLAKE BIBLE CHURCH, INC., d/b/a AUSTIN RIDGE BIBLE CHURCH and ANDREW GRANT LOSSING, Defendants. 98TH JUDICIAL DISTRICT ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Plaintiff Linda Pool, Individually and as Representative of the Estate of Sarah Pool, Deceased, files this Original Petition and Request for Disclosure, complaining of Defendants Westlake Bible Church, d/b/a Austin Ridge Bible Church, and Andrew Grant Lossing, and for cause of action would respectfully sbow this Court as follows: I. DISCOVERY CONTROL PLAN 1.1 Plaintiff hereby asserts that discovery in this case is intended to be conducted rmder a Level 3 discovery control plan, pursuant to Rule of the Texas Rules of Civil Procedure. 11. PARTIES 2.1 Plaintiff Linda Pool is an individual residing in Austin, Travis County, Texas. 2.2 Defendant Westlake Bible Church, Trie, d/b/a Austin Ridge Bible Church, is a Texas nonprofit corporation conducting business in Travis County, Texas, with its principal place of business and registered address in Austin, Travis County, Texas. Plaintiff requests that the Travis County District Clerk issue citation and serve the citation with a copy of this Original Plaintiffs Original Petition and Request for Disclosure Page 1 of 12

2 Petition on Westlake Bible Church, Inc., d/b/a Austin Ridge Bible Church. Westlake Bible Church, Inc., d/b/a Austin Ridge Bible Church, may be served with process by serving its registered agent for service of process at the following address: David Bixby Registered Agent Westlake Bible Church, Inc Bee Cave Road Austin, Texas Defendant Andrew Grant Lossing is an individual residing in Austin, Travis County, Texas. Defendant Andrew Grant Lossing resides at Lake Stone Drive, Austin, Texas Plaintiff requests that the Travis County District Clerk issue citation and serve the citation with a copy of this Original Petition and Request for Disclosure on Defendant Andrew Grant Lossing at the following address: Andrew Grant Lossing Lake Stone Drive Austin, Texas III. JURISDICTION AND VENUE 3.1 Jurisdiction in this Court is proper because Plaintiff Linda Pool seeks damages in a dollar amount far in excess of the minimum jurisdictional limits of this Court. Venue is proper in Travis County because Defendant Westlake Bible Church, d/b/a Austin Ridge Bible Church's principal offices are in Travis County and the events and omissions giving rise to Plaintiffs claims occurred in Travis County. 3.2 Pursuant to Rule 47(c)(5) of the Texas Rules of Civil Procedure, Plaintiff Linda Pool seeks monetary relief over $1,000,000. PlaintifPs Original Petition and Request for Disclosure Page 2 of 12

3 IV. FACTS 4.1 On or about June 11, 2015, Sarah Pool drowned to death while attending the "One Walreboard Camp" organized, managed, supervised, hosted, and operated by Defendant Westlake Bible Church, Inc., d/b/a Austin Ridge Bible Church ("ARBC"). The One Wakeboard Camp was promoted by Defendant ARBC to students in 6* grade to 12''' grade. 4.2 On the day of and immediately prior to her death, Sarah was a passenger on a boat being operated by Defendant Andrew Grant Lossing, a volunteer for and member of Defendant ARBC. Along with Sarah, the passengers on the boat included two other 15-year-old girls and several middle-school age campers. Defendants did not supply enough activity-appropriate and ageappropriate life jackets for all of the children on the boat. Defendant Lossing was the only adult on the boat, and the only adult provided by Defendant ARBC. 4.3 Before Sarah drowned, Defendant Lossing was driving the boat at an unsafe speed, allowing high amounts of exhaust to envelope the interior of the boat, especially in the rear where the children were riding, sitting, and playing, Defendant Lossing allowed Sarah to remove her life preserver while on the boat, even while she and the other children were in and around the water at the back of the moving boat. The girls complained about the exhaust, but Defendant Lossing did nothing to alleviate the poisonous gas, supervise the girls, or ensure Sarah's safety. Instead, Defendant Lossing continued to operate the boat at a slow speed, while the girls dragged behind the swim platfonn completely unsupervised and, in Sarah's case, without a life preserver. 4.4 As the girls dragged behind the boat, Sarah was breathing in too much exhaust. At some point, she was unable to maintain her grip on the swim platform, and let go. Because Defendant Lossing was not watching the girls, or even capable of watching, &om his position in the front of Plaintiffs Original Petition and Request for Disclosure Page 3 of 12

4 the boat, nobody knew Sarah was in trouble. Because Defendants allowed her in the water without a life preserver, she went underwater and suffered one of the most horrible deaths imaginable, death by drowning. 4.5 When they finally realized Sarah was no longer at the back of the boat and had not resurfaced, the girls in the back of the boat alerted Defendant Lossing, who drove the boat to where they thought she might have gone under, It was too little, too late. Nobody found Sarah until her body was recovered two days later, at the bottom of Lake Travis at a depth of 40 feet. Defendants' acts and omission.s directly and proximately caused Sarah's suffering, injuries, and death. Sarah was only fifteen years old when she died. She is sui-vived by her mother, Linda Pool, an older brother, and her two tiipiets, a brother and sister. V. NEGLIGENCE 5.1 Defendants owed legal duties to Linda Pool and Sarah Pool Lo exercise ordinary and reasonable care in their organization, supervision, oversight, management, and operation of the Plaintiffs Original Petition and Request for Disciosure Page 4 of J2

5 One Wakeboard Camp, including oversight, safety planning, and management of volunteers, campers, underage counselors, children, and other people at the camp. At the time of Sarah Pool's death. Defendant Lossing was a volunteer for and member of Defendant ARBC. Defendants ARBC and Lossing breached their duties to Linda Pool and Sarah Pool by failing to use ordinary and reasonable care in: (1) super-vising volunteers, underage campers, counselors, attendees, and boat operators at the One Wakeboard Camp; (2) planning for the safety of Sarah Pool and other campers, counselors, and attendees at the One Wakeboard Camp; (3) ensuring that adequate safety equipment was provided; (4) minimizing the risks of carbon monoxide poisoning and drowning; (5) warning of the risks of carbon monoxide poisoning and drowning; (6) ensuring that adequate safety equipment was used by attendees of the camp; (7) safely operating the watercraft on which Sarah Pool was a passenger; and (8) avoiding injury to Linda Pool and Sarah Pool by willful, wanton, and grossly negligent conduct. Plaintiff alleges that the acts of Defendant Lossing were within tire scope of duties determined by Defendant ARBC, and Defendant ARBC is vicariously liable for the acts and negligence of Defendant Lossing. 5.2 Defendants' breaches of their duties to Linda Pool and Sarah Pool directly and proximately caused Sarah's death. As a result, Ms. Pool seeks recovery of actual damages, pain and suffering, mental anguish, loss of companionship and society, funeral and burial expenses, exemplary damages, prejudgment and post-judgment interest, and costs of court, VI. NEGLIGENCE PER SE 6.1 The above-described actions by Defendants constitute negligence per se, because Defendants violated statutes of the State of Texas. By way of example and without limitation, Defendants specifically violated Chapter 141 of the Texas Health and Safety Code, the Texas Youth Camp Safety and Health Act, and Title 25, Chapter 265, Subchapter B of the Texas Plaintiffs Original Petition and Request for Disclosure Page5ofl2

6 Administrative Code. Defendants ARBC and Lossing were "youth camp operators," as defined by Section 141,002(6) of the Texas Health and Safety Code. As youth camp operators, Defendants were statutorily required to follow the Texas Youth Camps Safety and Health Rules, promulgated by the Texas Department of State Health Seiwices and outlined in Title 25, Chapter 265, Subchapter B of the Texas Administrative Code. 6.2 Section , Title 25 of the Administrative Code required an adult supervisor to be within sight and/or hearing of all campers during any swimming, boating, and waterskiing activities. Swimming, boating, and waterskiing were required to be conducted by and under the direct supervision of a qualified adult capable of implementing safety standards established by the Texas Department of State Health Services or the One Wakeboard Camp. Defendant Lossing was required to have documented training or at least two years of documented experience in conducting the activity. Section required all swinuning, boating, and waterskiing to be directed by a waterfront director holding a current lifeguard certificate or its equivalent. While swimming, boating, and waterskiing activities were in progress, Defendant ARBC was required to have the waterfront director or an adult ceilified lifeguard assistant within sight and/or hearing of all campers. Moreover, Defendants were statutorily required to ensure that all campers (including Sarali) were wearing a vest-type, U.S. Coast Guard-approved preserver before entering and while on a lake when the water is rough or while waterskiing. Defendants violated these Texas laws. 6.3 The above-listed sections of the Texas Health and Safety Code and the -Texas Administi'ative Code, among other.s violated by Defendants, are designed to protect a class of persons to which Sarah Pool belonged, agamst the types of injuries and death she suffered. Defendants' violations of Texas law proximately caused Sarah Pool's injuries and death. Tort Plaintiffs Original Petition and Request for Disclosure Page 6 of 12

7 liability may be imposed when a statute is violated, and Defendants violated the statutes without excuse. As a result of the Defendants' negligence per se, Ms. Pool seeks recoveiy of actual and economic damages, past and future pain and suffering, past and future mental anguish, property damages, prejudgment and post-judgment interest, and costs of court. Because Defendants' conduct constituted gross negligence, Ms. Pool seeks exempiaiy damages. VII. NEGLIGENT ENTRUSTMENT 7.1 Defendant ARBC negligently enti-usted the boat to Defendant Lossing. Defendant Lossing was an incompetent and/or reckless driver, and Defendant ARBC Imew or should have known that Defendant was an incompetent and/or reckless driver. Defendant Lossing's negligence on the occasion in question proximately caused Sai'ah Pool's suffering and death. 7.2 As a result of Defendant ARBC's negligent entrustment of the boat to Defendant Lossing, Ms. Pool seeks recovery from Defendants of actual damages, past and future pain and suffering, past and future mental anguish, loss of companionship and society, funeral and burial expenses, exemplary damages, prejudgment and post-judgment interest, and costs of court. VIII. NEGLIGENT SELECTION, SUPERVISION, AND TRAINING 8.1 Defendant ARBC owed Ms. Pool legal duties to use ordinary care in selecting and training competent and safe volunteers. Defendant ARBC breached its duties by failing to use ordinary care in: (1) selecting Defendant Lossing and other volunteers involved in operating watercraft, managing the wakeboard camp, instituting and enforcing safety rules, and supervising underage attendees at the camp; (2) inquiring into the qualifications of Defendant Lossing to operate the boat on which Sarah Pool was a passenger before her deatli; (3) inquiring into the criminal background and/or driving record of Defendant Lossing and other volunteers; (4) Plaintiffs Original Petition and Request for Disciosure Page 7 of 12

8 adequately supervising Defendant Lossing and other volunteers; (5) adequately ti'aining Defendant Lossing and other volunteers; and (6) remaining knowledgeable about Defendant Lossing and other volunteers' competence and fitness to perform tasks they were assigned at Defendant ARBC's wakeboard camp, 8,2 Defendant Lossing and other volunteers, along with Defendant ARBC, committed actionable negligence and gross negligence which proximately caused the death of Sarah Pool. As a result, Ms, Pool now seeks recovery of actual damages, pain and suffering, mental anguish, loss of companionship and society, funeral and burial expenses, exemplary damages, prejudgment and post-judgment interest, and costs of court. Plaintiff alleges that the acts of Defendant Lossing were within the scope of duties determined by Defendant ARBC, and Defendant ARBC is vicariously liable for the acts and negligence of Defendant Lossing, rx. GROSS NEGLIGENCE 9,1 Defendants' breaches of their duties to Linda Pool and Sarah Pool directly and proximately caused Sarah's death. When viewed objectively from Defendants' standpoint at the time they occurred. Defendants' acts and omissions involved an extreme degree of risk, considering the probability and magnitude of the potential harm to others. Defendants had actual, subjective awareness of the risks, but proceeded with a conscious indifference to the rights, safety, or welfare of Sarah Pool and other attendees of the camp. Because Defendants' acts and omissions constitute gross negligence and/or malice, their conduct justifies a recovery of exemplar)' or punitive damages as a deteirent to tlie further willful, malicious, and grosslynegligent conduct, among other things, on the part of these Defendants. Ms, Pool herein sues for exemplary damages against Defendants ARBC and Lossing. Plaintiffs Original Petition and Request for Disclosure Page 8 of 12

9 X. WRONGFUL DEATH DAMAGES 10.1 As a direct and proximate result of the previously-discussed negligent and grossly negligent conduct of Defendants, Plaintiff Linda Pool, individually, has experienced injury and seeks damages pursuant to Section of the Texas Civil Practice & Remedies Code, including, but not limited to, the following; a. past mental anguish in the fonn of emotional pain, tonnent, and suffering experienced only by one who has suffered the loss of her child; b. future mental anguish m the fonn of emotional pain, totment, and suffering experienced only by one who has suffered the loss of her child; c. past physical pain; d. future physical pain; e. past medical expenses; f. future medical expenses; and g. loss of inheritance and pecuniary loss Ms. Pool reserves the right to plead additional and more specific damages in the future, as more facts become known, Ms. Pool seeks both past and fliture damages. XI. SURVIVAL DAMAGES II. 1 As a direct and proximate result of the previously-discussed negligent conduct of Defendants, Plaintiff Linda Pool, as Representative of the Estate of Sarah Pool, deceased, pursuant to Section of the Texas Civil Practice & Remedies Code and Section 201 of the Texas Estates Code, suffered in each of the following ways and seeks compen.sation for each of the following; a. mental anguish; Plaintiffs Original Petition and Request for Disclosure Page 9 of 12

10 b. pre-death Sight; c. fear of death; d. pre-death pain, both emotional and physical; e. funeral and burial expenses; and f. death, 11,2 Ms. Pool reserves the right to plead additional and more specific damages in the future, as more facts become known, Ms. Pool seeks both past and future damages. xn. RULE NOTICE 12.1 Pursuant lo Rule of the Texas Rules of Civil Procedure, Plaintiff Linda Pool hereby gives notice that any and all documents produced by any party in response to written discovery may be used at any pretrial proceeding or at trial, xm. REQUEST FOR DISCLOSURE 13.1 Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Plaintiff Linda Pool, Individually and as Representative of the Estate of Sarah Pool, Deceased, requests that Defendants disclose, within fifty days of the service of this request, the information or material described in Rule XIV. PRAYER 14.1 For these reasons. Plaintiff Linda Pool, Individually and as Representative of the Estate of Sarah Pool, Deceased, asks that this Court issue citation for Defendants to appear and answer, and that Plaintiff be awarded judgment against Defendants for the following: a. actual and economic damages; b. past and future mental anguish in tire form of emotional pain, torment, and PlaintifPs Original Petition and Request for Disclosure Page 10 of 12

11 suffering experienced only by one who has suffered the loss of a child; c. d. e. f. g- h. i, j- k. 1. m, n. o. P- past and future physical pain; past and future medical expenses loss of companionsbip and society; loss of inheritance and pecuniary loss; mental anguish suffered by Sarah Pool prior to her death; pre-death fright and fear of death suffered by Sarah Pool; pre-death emotional and physical pain suffered by Sarah Pool; loss of sei-vices; pain and suffering suffered by Sarah Pool before she died; funeral and burial expenses; exemplary damages; prejudgment and postjudgment interest at the highest rate authorized by law; court costs; and all other relief to which Plaintiff is entitled. SBN: OMAR R.CHAWDI-IARY SBN: Savoy, Suite 150 I-Iouston,TX (713) (713) (facsimile) filingtoithewcbstcrlawfirm.com Plaintiffs Original Petition and Request for Disclosure Page 11 ori2

12 EVERETT DAY & ASSOCIATES, PLLC. Everett Day Texas Bar No North Loop West, Suite 210 Houston, Texas ,7854 (facsimile) edavfgjedaylawfirm.com ATTORNEYS FOR PLAINTIFFS Plaintiffs Original Petition and Request for Disclosure Page 12 of 12