FILED

12/13/2017 5:32 PM
Donna Kay McKinney
cit pps sac2
Bexar County District Clerk
Accepted By: Krystal Gonzalez
2017CI23341
CAUSE NO. ________________

CHRIS WARD, INDIVIDUALLY AND AS IN THE DISTRICT COURT OF

REPRESENTATIVE OF THE ESTATES OF
JOANN WARD, DECEASED AND B.W.,
DECEASED MINOR, AND AS NEXT
FRIEND OF R.W., A MINOR;
ROBERT LOOKINGBILL; AND DALIA
LOOKINGBILL, INDIVIDUALLY AND AS
NEXT FRIEND OF R.G., A MINOR,
AND AS REPRESENTATIVES OF THE
ESTATE OF E.G., DECEASED MINOR;
BEXAR COUNTY, TEXAS

Plaintiffs

Vs.


ACADEMY, LTD. D/B/A ACADEMY
SPORTS + OUTDOORS 224th
______ JUDICIAL DISTRICT

Defendant

PLAINTIFFS ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

TO THE HONORABLE JUDGE OF SAID COURT:

COME NOW, Chris Ward, Individually and as Representative of the Estates of Joann

Ward, Deceased and B.W., Deceased Minor, and as Next Friend of R.W., a Minor; Robert

Lookingbill; and Dalia Lookingbill, Individually and as next friend of R.G., a minor, and as

Representative of the Estate of E.G., Deceased Minor, Plaintiffs, complaining of Academy, Ltd.

d/b/a Academy Sports + Outdoors, hereinafter Defendant, and for cause of action would

respectfully show the Court the following:

DISCOVERY LEVEL

1. Plaintiffs intend to conduct discovery under Level III of the Texas Rules Civil

Procedure 190.3 and the Plan provided by the Court.

Plaintiffs Original Petition and Request for Disclosure Page 1

 PARTIES

2. Plaintiffs Chris Ward, R.W., and R.G. are residents of Wilson County, Texas. Robert

Lookingbill and Dalia Lookingbill are residents of Bexar County, Texas. At the time of their death,

Joann Ward, E.G. and B.W. were residents of Wilson County, Texas.

3. Defendant, Academy, Ltd. d/b/a Academy Sports + Outdoors, is a domestic

corporation headquartered and authorized to do business in Harris County, Texas and may be served

through its Agent for Service of Process, Genetha Turner, at 1540 North Mason Road, Katy, Texas

77449.

JURISDICTION AND VENUE

4. The Court has jurisdiction over the controversy because damages are within the

jurisdictional limits of the Court.

5. Furthermore, venue is proper in Bexar County, Texas under 15.002(a)(1) because it

is the county in which all or a substantial part of the events or omissions giving rise to the claims

occurred.

FACTS

6. It all begins with familyyours, mine and ours. Chris and Joann Ward were the

picture of a blended family. Joann had two daughters, R.G. and E.G., before entering the marriage,

and Chris had R.W. Joann and Chris married in 2011 and soon thereafter their daughter B.W. was

born. For Joann, her family was her world and Chris was her soulmate.

Plaintiffs Original Petition and Request for Disclosure Page 2

 7. Her babies were her everything; it is because of her devotion to her family that it is

no surprise that she died, sacrificing herself for her children.

8. On the morning of November 5, 2017, Joann awoke, made breakfast for her family

and got the kids dressed for Church. It was her and Chriss sixth wedding anniversary and she

wanted to spend the day with her family. Chris, a truck driver, decided to stay home that morning,

to sleep in after working a late shift. He promised to meet up with the family later for some much

needed family time. Undeterred, Joann packed up her children as she did every weekend and made

Plaintiffs Original Petition and Request for Disclosure Page 3

the one mile drive to First Baptist Church in Sutherland Springs, the small town the Ward family

called home. Joann and Chris family had planned on meeting up after Church for a celebratory

picnica picnic that would never happen.

Everybody is gonna f***ing die!

9. Just minutes into the morning church service, Joann, her four children, and the small

congregation of First Baptist Church were under siege. Praise and worship songs which had filled

the air were interrupted by rapid gunfire. The Church was being attacked.

10. Bullets sprayed through the wooden walls of the tiny church, shattering windows and

puncturing holes in the wooden floors. Startled and confused, the congregants soon saw a man

dressed in black tactical gear storm in, cursing Everybody is gonna f***ing die! His face was

covered by a mask with a white skull. As soon as shots rang out, Joann shoved her oldest daughter,

R.G., out of the wayto hideand Joann fell on top of her three youngest children, trying to

protect her babies from the hail of bullets filling the Church. R.G.s eyeglasses would be hit

blown off her face as she fell and crawled underneath a pew seeking cover.

11. The shooter stalked the roomdetermined to kill everyone in it. When he saw

Joann, shielding her young children, he aimed at herintent on killing her and anyone she was

Plaintiffs Original Petition and Request for Disclosure Page 4

protecting. When the gunfire ceased and the Shooter ran, nearly half of the congregation had been

killed, including Joann and two of her daughtersE.G. and B.W. Another twenty congregants had

been injured.

12. Joanns stepson, R.W., had been shot five times. His stomach and groin were

pierced, damaging his bladder and kidney; the five year olds arm was so mutilated by bullets it was

nearly amputated. Over a month later, R.W. remains hospitalized with several additional surgeries

remaining. His shattered femur isnt healing as well as hoped and the young boys kidneys continue

to struggle.

13. Despite his youth and the long road ahead, R.W.s doctors call him brave and a

tough guy. Chris and his in-laws, Robert and Dalia Lookingbill, hope that R.W. is released in

time for the holidaythough its difficult for Chris to imagine Christmas without his wife and

daughters.

Plaintiffs Original Petition and Request for Disclosure Page 5

 AcademyThe Right Stuff The Right Price

14. Despite having his permit to carry delayed by a possibly disqualifying issue in

2015, the Shooter who terrorized the small First Baptist Church of Sutherland Springs, Devin

Kelley, (hereinafter Kelley), had little difficulty purchasing a Ruger AR-556 rifle from Academy

Sporting Goods in San Antonio, in April, 2016.1 Months later, Kelley would use a Ruger AR-556

assault rifle as he terrorized and brutally murdered 26 innocent peopleincluding Joann Ward,

B.W., and E.G. Kelley also used the Ruger when pelting young R.W. with at least five bullets.

15. Academy, a sporting goods and apparel retailer, offers its customers the ease and

1
From 2014 to the day of the shooting, Kelley purchased four gunstwo in Colorado and two in Texas. See
https://patch.com/texas/sanantonio/texas-shooters-gun-permit-delayed-disqualifying-issue.

Plaintiffs Original Petition and Request for Disclosure Page 6

convenience of purchasing in the store and online. As a licensed dealer, Academy sells 581

different rifles, 401 different pistols, 238 different shotguns, 12 modern sporting rifles, 133

revolvers, and 2 black powder guns.2 It is unclear how Kelley purchased the Ruger AR-556, but

it is undisputed that he used the Ruger in the November 5, 2017 mass shooting.

16. At the time Kelley purchased the Ruger, he reported a Colorado Springs, Colorado

address on his Firearms Transaction Record, Form 4473, a federal form. This fact alone should

have disqualified Kelley from ever purchasing the assault rifle. Kelleys identification indicated he

was a resident of Coloradonot Texas. Thus, he never should have been sold the very weapon he

used in the Sutherland Springs shooting as it would be illegal for Kelley to ever transport that gun to

his residence. Rather, Defendant, upon Kelley purchasing the weapon, should have transferred the

firearm to Colorado, for Kelley, a Colorado resident, to retrieve. The Ruger should have never been

placed in Kelleys hands in Texas. Importantly this incident is not the first incident of Academy

failing to follow applicable lawsthough it is, the first incident that resulted in the deaths of 26

innocent people and injuries to an additional 20 people.3

CAUSE OF ACTION NO. 1NEGLIGENCE

17. Plaintiffs incorporate each of the preceding paragraphs as if fully restated herein in

full.

18. At all material times to this suit, Defendant owed Plaintiffs a duty of reasonable care

to ensure the safety, care and well-being of the public, including Plaintiffs, and had or assumed a

2
See https://www.academy.com/shop/browse/shooting/firearms. Academy offers its customers 1295 guns via ship to
store delivery and 1,111 guns online only. In store, Academy offers a mere 431 guns. Id.

Plaintiffs Original Petition and Request for Disclosure Page 7

duty to exercise reasonable care in executing such duties. Defendant failed to exercise reasonable

care, and such failure was negligent and a proximate cause of the incident in question and resulting

damages to Plaintiff. These acts include, but are not limited to, the following:

a. Failing to protect the safety of the public, including the Plaintiffs;

b. Failing to follow policies and procedures in selling a firearm;

c. Failing to properly follow applicable law in the marketing and sale of firearms;

d. Failing to conduct a proper background check; and

e. Other ways to be determined during discovery in this matter.

19. Plaintiffs will show that one or all of the above-mentioned acts and/or omissions

constitute negligence and are a proximate cause of the occurrence in question and the injuries and

damages resulting to Plaintiff.

CAUSE OF ACTION NO. 2NEGLIGENT HIRING, TRAINING, AND/OR

SUPERVISION

20. Plaintiffs incorporate each of the preceding paragraphs as if fully restated herein in

full.

21. At all material times to this suit, Defendant owed Plaintiffs a duty of reasonable care

to ensure the safety, care and well-being of the public, including Plaintiffs. These duties include,

but are not limited to, the hiring, retention, and supervision of trained employees to ensure that all

legally required guidelines are fulfilled at the time of purchasing any firearm. Defendant breached

these duties when its employee(s) sold a gun to Kelley in violation of the existing laws.

22. Despite actual or constructive knowledge of its employees to its patrons, Defendant

failed to properly supervise and/or control Defendants actions. Specifically, Defendants following

acts constituted negligence:

3
See http://kfor.com/2017/11/29/metro-man-says-academy-made-big-mistake-when-selling-him-a-gun/.

Plaintiffs Original Petition and Request for Disclosure Page 8

 a. Entrusting Defendants employees who lack adequate training and education
concerning firearms and governing laws, with the administration and sale of
firearms;

b. Failing to properly train employees regarding the appropriate methods, safety

practices, and supervision for customers purchasing firearms;

d. Failing to properly supervise, monitor, and/or control employees tasked with selling
firearms to the public;

e. Failing to continually monitor and/or screen their employees to ensure they are fit to
sell firearms to the public;

f. Failing to appropriately discipline and/or reprimand Defendant employee after the

shooting; and

g. Failing to properly screen and perform investigative due diligence on prospective

customers prior to selling them firearms.

CAUSE OF ACTION NO. 3NEGLIGENT ENTRUSTMENT

23. Plaintiffs incorporate each of the preceding paragraphs as if fully restated herein in

full.

24. At all material times to this suit, Defendant owed Plaintiffs a duty of reasonable care

to ensure the safety, care and well-being of the public, including Plaintiffs. By selling the gun to

Kelley without the proper oversight and by failing to follow policies, procedures, and applicable

law in selling firearms pursuant to the laws, Defendant supplied Kelley with a dangerous

instrumentality that caused the deaths and injuries to Plaintiffs with that instrumentality.

CAUSE OF ACTION NO. 4GROSS NEGLIGENCE

25. Plaintiffs incorporate each of the preceding paragraphs as if fully restated herein in

full.

26. The acts and/or omissions of the Defendant, as set forth herein, was also such

knowing and willful failures to abide by the applicable safety guidelines regarding selling and

purchasing firearms in the State of Texas, they constitute malicious, willful, wanton, grossly

Plaintiffs Original Petition and Request for Disclosure Page 9

negligent and/or reckless conduct. Said acts and/or omissions proximately caused or contributed to

Plaintiffs injuries as such give rise to, and warrant, the imposition by a jury of significant punitive

damages in an amount to the determined by that jury of no more than $25 million dollars against

Defendant.

DAMAGES

27. Plaintiffs incorporate each of the preceding paragraphs as if fully restated herein in

full.

28. As a direct and proximate result of Defendants aforementioned tortious conduct,

Plaintiffs Chris Ward, Individually and as Representative of the Estates of Joann Ward and B.W.;

Robert Lookingbill; and Dalia Lookingbill, Individually, as next friend of R.G., and as

Representative of the Estate of E.G., bring claims as wrongful death beneficiaries, pursuant to

Chapter 71 of the Civil Practice and Remedies Code, and have suffered in each of the following

ways and seek compensation for each of the following, as applicable:

a. Pecuniary loss sustained in the past by Plaintiffs;

b. Pecuniary loss that, in reasonable probability, will be sustained in the future

by Plaintiffs;

c. Loss of spouses services, including household and domestic services, in the

past and in the future;

d. Loss of childs services, in the past and in the future;

e. Loss of parental consortium in the past and future;

f. Loss of companionship and society sustained in the past;

g. Loss of companionship and society that, in reasonable probability, will be

sustained in the future;

h. Expenses related to psychological treatment, in the past and in the future;

i. Mental anguish sustained in the past by Plaintiffs;

j. Mental anguish that, in reasonable probability, will be sustained in the future

Plaintiffs Original Petition and Request for Disclosure Page 10

 by Plaintiffs; and

k. Funeral and Burial expenses.

29. Plaintiff, Chris Ward as Next Friend of R.W., seeks to recover from Defendant the

following elements of damage in regard to the injuries sustained by R.W.:

a. Physical pain and mental anguish sustained in the past;

b. Physical pain and mental anguish that, in reasonable probability, R.W. will
sustain in the future;

c. Disfigurement in the past;

d. Disfigurement that, in reasonable probability, R.W. will sustain in the future;

e. Physical impairment sustained in the past;

f. Physical impairment that, in reasonable probability, R.W. will sustain in the

future;

g. Medical care expenses incurred in the past;

h. Medical care expenses that, in reasonable probability, R.W. will incur in the
future; and

i. Other reasonable consequential damages.

30. Dalia Lookingbill, as next friend of R.G., seeks the following elements of damage in

regard to the injuries sustained by R.G.:

a. Physical pain and mental anguish sustained in the past;

b. Physical pain and mental anguish that, in reasonable probability, R.G. will
sustain in the future;

c. Disfigurement in the past;

d. Disfigurement that, in reasonable probability, R.G. will sustain in the future;

e. Physical impairment sustained in the past; and

f. Other reasonable consequential damages.

31. Plaintiffs reserve the right to plead additional and more specific damages in the

Plaintiffs Original Petition and Request for Disclosure Page 11

future as more facts become known. The above-mentioned elements of damages are those that

Plaintiffs have suffered in the past up to the time of trial, but in addition, those that they, in

reasonable probability, will continue to suffer in the future. As such, Plaintiffs affirmatively plead

that they seek monetary relief over $25,000,000.00, including damages of any kind, penalties, costs,

expenses, pre-judgment interest, and attorney fees; and a demand for all the other relief to which the

party deems himself entitled.

CONDITIONS PRECEDENT

32. All conditions precedent have been performed or have occurred as required by Rule

54 of the Texas Rules of Civil Procedure.

RULE 193.7 NOTICE

33. Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiffs hereby give

actual notice to Defendant that any and all documents produced may be used against the Defendant

producing the document at any pretrial proceeding and/or at the trial of this matter without the

necessity of authenticating the documents.

REQUEST FOR DISCLOSURE

34. Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Defendant is requested

to disclose the information and material described in Rule 194.2 within fifty (50) days of the

service of this request.

JURY DEMAND

35. Plaintiffs demand a jury trial.

PRAYER

WHEREFORE PREMISES CONSIDERED, Plaintiffs pray as follows:

a. That Defendant be cited to appear in terms of the law;

Plaintiffs Original Petition and Request for Disclosure Page 12

 b. That upon trial of this cause, Plaintiffs have and recover Judgments in an amount in
excess of the minimum jurisdictional requirements of this Honorable Court against
Defendant;

c. That Plaintiffs recover economic and non-economic damages;

d. That Plaintiffs recover costs of Court against the Defendant;

e. Court Costs;

f. That Plaintiffs recover pre-judgment and post-judgment interest at the legal rate per
annum against Defendant; and, Plaintiffs further pray,

g. That Plaintiffs receive such other and further relief, both at law and in equity, to
which Plaintiffs may show themselves to be justly entitled.

Respectfully submitted,

THE WEBSTER LAW FIRM

/s/ Jason C. Webster

JASON C. WEBSTER
State Bar No. 24033318
HEIDI O. VICKNAIR
State Bar No. 24046557
OMAR R. CHAWDHARY
State Bar No. 24082807
6200 Savoy, Suite 150
Houston, TX 77036
(713) 581-3900 (telephone)
(713) 581-3907 (telecopier)
[email protected]

&

Frank Herrera, Jr.

State Bar No. 09531000
Jorge A. Herrera
State Bar No.24044242
THE HERRERA LAW FIRM
111 Soledad St., 19th Floor
San Antonio, Texas 78205
210-224-1054
[email protected]

ATTORNEYS FOR PLAINTIFFS

Plaintiffs Original Petition and Request for Disclosure Page 13