Al Fox III Vs Gerard Joseph Gorman and His Estate PDF

FILED
TARRANT COUNTY
048-277926-15 4/15/2015 5:13:37 PM
CAUSE NO. _________________________ THOMAS A. WILDER
DISTRICT CLERK
AL FOX, III, INDIVIDUALLY AND AS IN THE DISTRICT COURT

PERSONAL REPRESENTATIVE OF THE
ESTATE OF ANITA FOX, DECEASED.

PLAINTIFFS,

V.

BERNARD JOSEPH GORMAN AKA
GERARD JOSEPH GORMAN AND THE _____ JUDICIAL DISTRICT
ESTATE OF BERNARD JOSEPH
GORMAN AKA GERARD JOSEPH
GORMAN

DEFENDANT,

FARMERS INSURANCE EXCHANGE
D/B/A FARMERS INSURANCE GROUP

INTERPLEADER. OF TARRANT COUNTY, TEXAS
PLAINTIFFS ORIGINAL PETITION & REQUEST FOR DISCLOSURE
NOW COMES, Al Fox, III, individually and as personal representative of the Estate
of Anita Fox, deceased (Plaintiff) and files this Original Petition with Request for
Disclosure complaining of Bernard Joseph Gorman, individually, and the Estate of Bernard
Joseph Gorman (Defendants), and for cause of action shows unto the Court the
following:
A. PARTIES AND SERVICE
1. Plaintiff, Al Fox, III, individually and as personal representative of the Estate
of Anita Fox, deceased is a citizen of the state of Texas and a resident of Henderson County,
Texas. Plaintiff is also named as the executor in decedents will, which is currently being
PLAINTIFFS ORIGINAL PETITION & REQUEST FOR DISCLOSURE Page 1 of 6

048-277926-15
probated. Plaintiff brings this survival action as the personal representative of the estate of
Anita Fox, decedent.
2. Defendant, Bernard Joseph Gorman, is deceased resident of Harris County,
Texas. His estate may be served that may be served at 7979 N. Elrig, Houston, Texas 77041.
3. Interpleader, Farmers Insurance Exchange d/b/a Farmers Insurance Group, a
Georgia corporation doing business in the state of Texas holding the life insurance policy of
Defendant may be served with process through its registered agent Chris Granger at 15700
Long Vista Drive, Austin, Texas 78728-3822.
B. DISCOVERY-CONTROL PLAN
4. Plaintiff intends that discovery be conducted under Discovery Level 2.
C. NATURE OF ACTION AND RULE 47 STATEMENT
5. This action is brought to remedy the wrongful death of Anita Fox pursuant to
the wrongful death and survival statute promulgated in Section 71 of the Texas Civil
Practices and Remedies Code. The damages sought are within the jurisdictional limits of this
Court. Plaintiff seeks monetary relief of over $1,000,000.00.
D. JURISDICTION
6. The subject matter in controversy is within the jurisdictional limits of this
court.
7. Jurisdiction and venue is proper in Tarrant County because all each and every
cause of action arises from or relates to the murder of Anita Fox, which occurred in Tarrant
County thereby conferring specific jurisdiction on Defendants.

048-277926-15
E. FACTS
8. Defendant purchased a life insurance policy insuring the life of Ms. Anita Fox
in 2013 naming Defendants brother as the beneficiary. Defendant paid the monthly
premium on the policy until September 2014. On September 23, 2014, Defendant following
Ms. Anita Fox to her place of employment located at 501 Frontier Court, Colleyville, Tarrant
County, Texas. Defendant waited for Foxs employer to leave the residence then proceeded
to enter the home and stab Ms. Fox multiple times causing her death.
F. CAUSES OF ACTION
Survival Action
9. Plaintiff incorporates by reference the allegations set forth above as if the
same were fully set forth herein.
10. Plaintiff Al Fox is the personal representative/Executor of the estate of Anita
Fox (decedent).
11. Plaintiff is an heir to the estate of Anita Fox (decedent).
12. Before dying, decedent had a cause of action for assault and bodily injury,
which could have been brought against Defendant by decedent. Defendant stabbed and
eventually caused the death of Plaintiff. Ms. Fox suffered server physical injury, emotional
distress and pain and suffering.
13. Defendants intentional and wrongful conduct caused injury and eventually
the mortal injury to decedent. Foxs death and damages were proximately caused by
intentional acts of Defendant.

048-277926-15
14. Plaintiff seeks unliquidated damages within the jurisdictional limits of this
court.
Wrongful-Death
15. Plaintiff incorporates by reference the allegations set forth above as if the
same were fully set forth herein.
16. In addition and in the alternative, Plaintiff is a surviving child and Executor of
decedents estate.
17. Decedent died as a result of Defendants wrongful conduct. Decedent would
have been entitled to bring this action against defendant if decedent had lived.
Defendants conduct of stabbing decedent multiple times causing decedents death was the
producing cause of injury to Plaintiff.
18. Plaintiff seeks unliquidated damages within the jurisdictional limits of this
court.
G. EXEMPLARY DAMAGES
19. Decedents death resulted from Defendants willful act, which entitles decedents
heirs to decedents body to exemplary damages under Texas Constitution article 16, section 26.
H. JURY DEMAND
20. Plaintiff demands a jury trial and tenders the appropriate fee with this petition.
I. REQUEST FOR DISCLOSURE
21. Under Texas Rule of Civil Procedure 194, plaintiff requests that defendant
disclose, within 50 days of the service of this request, the information or material described
in Rule 194.2.

048-277926-15
J. PRAYER
For these reasons, Plaintiff asks that the Court issue citation for Defendant to appear and
answer, and that Plaintiff be awarded a judgment against Defendant for the following:
a. Actual damages;
b. Loss of Consortium;
c. Liquidated damages;
d. Mental anguish;
e. Physical pain and suffering;
f. Funeral expenses;
g. Loss of inheritance;
h. Exemplary damages;
i. Prejudgment and postjudgment interest;
j. Court costs; and
k. All other relief to which plaintiff is entitled.
Respectfully submitted,
/S/ MATTHEW R. MCCARLEY

Matthew R. McCarley
Texas Bar No. 24041426
[email protected]
FEARS NACHAWATI, PLLC

4925 Greenville Avenue, Suite 715
Dallas, Texas 75206
Tel. (214) 890-0711
Fax (214) 890-0712

048-277926-15
ATTORNEYS FOR THE PLAINTIFF

AL FOX, III, INDIVIDUALLY AND AS
PERSONAL REPRESENTATIVE OF THE ESTATE
OF ANITA FOX, DECEASED.

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FILED

AL FOX, III, INDIVIDUALLY AND AS IN THE DISTRICT COURT

PLAINTIFFS ORIGINAL PETITION & REQUEST FOR DISCLOSURE

A. PARTIES AND SERVICE

1. Plaintiff, Al Fox, III, individually and as personal representative of the Estate

PLAINTIFFS ORIGINAL PETITION & REQUEST FOR DISCLOSURE Page 1 of 6

Anita Fox, decedent.

2. Defendant, Bernard Joseph Gorman, is deceased resident of Harris County,

3. Interpleader, Farmers Insurance Exchange d/b/a Farmers Insurance Group, a

Long Vista Drive, Austin, Texas 78728-3822.

4. Plaintiff intends that discovery be conducted under Discovery Level 2.

C. NATURE OF ACTION AND RULE 47 STATEMENT

Court. Plaintiff seeks monetary relief of over $1,000,000.00.

6. The subject matter in controversy is within the jurisdictional limits of this

County thereby conferring specific jurisdiction on Defendants.

PLAINTIFFS ORIGINAL PETITION & REQUEST FOR DISCLOSURE Page 2 of 6

9. Plaintiff incorporates by reference the allegations set forth above as if the

same were fully set forth herein.

10. Plaintiff Al Fox is the personal representative/Executor of the estate of Anita

11. Plaintiff is an heir to the estate of Anita Fox (decedent).

distress and pain and suffering.

intentional acts of Defendant.

PLAINTIFFS ORIGINAL PETITION & REQUEST FOR DISCLOSURE Page 3 of 6

same were fully set forth herein.

17. Decedent died as a result of Defendants wrongful conduct. Decedent would

producing cause of injury to Plaintiff.

I. REQUEST FOR DISCLOSURE

PLAINTIFFS ORIGINAL PETITION & REQUEST FOR DISCLOSURE Page 4 of 6

e. Physical pain and suffering;

i. Prejudgment and postjudgment interest;

j. Court costs; and

k. All other relief to which plaintiff is entitled.

/S/ MATTHEW R. MCCARLEY

FEARS NACHAWATI, PLLC

PLAINTIFFS ORIGINAL PETITION & REQUEST FOR DISCLOSURE Page 5 of 6

ATTORNEYS FOR THE PLAINTIFF

PLAINTIFFS ORIGINAL PETITION & REQUEST FOR DISCLOSURE Page 6 of 6

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