FILED
For Record
MAR 23 2016
CAUSENO. SCGSA4 WAR 2 8 2016
JODY R. WADE, Individuall x z
JODY WADE ENTERPRISES, LLC/DBA, Michaet R. Little, justice atoms
BIG DADDY'S TOWING & RECOVERY § IN THE JUSTICE LEGR y Texas
vs. 5 WICHITA COUNTY, TEXAS
§
DINIA LYNN ALLEN, Individually and
CHRIS ALLEN 5
PLAINTIFF'S ORIGINAL PETITIO?
‘TO THE HONORABLE JUDGE OF SAID COUR
NOW COMES, Jody R. Wade, Individually and Jody Wade Enterprises, LLC/dba Big
Daddy's Towing and Recovery, Plaintiffs herein, filing this Petition and will show the court the
following:
1. DISCOVERY LEVEL 2
Due to the nature of this action and the amount in controversy, Plaintiff states that this
case may have to be conducted under Level 2 Discovery as that is defined in the Texas Rules of
Civil Procedure. Plaintiff will seek permission from the court of Level 2 Discovery is required.
I. PARTIES
Plaintiff, Jody R, Wade (hereinafter, Wade) bring this action individually. Plaintiff Wade
resides in the City of Wichita Falls, Wichita County Texas. The last 3 digits of Wade's DL are
517.
Plaintiff, Jody Wade Enterprises, LLC/dba Big Daddy’s Towing & Recovery Services
(hereinafter, JWE) is a limited liability company formed under the laws of the State of Texas.
Plaintiff's principal office is located at 3101 Armory Road, Wichita Falls, Wichita County,
Texas.
leis Original Peon : PagetDefendants, Dinia Lynn Allen is an individual who resides in Wichita County and may
be served with process at her place of work, USA Auto Sales, 1307 Scott Street, Wichita Falls,
‘Texas. Defendant Chris Allen may be served at the same address,
UL. JURISDICTION AND VENUE
This is an action for defamation per se, negligence and gross negligence. As such this
Court has jurisdiction to hear the claims under Texas Law. Venue is proper in this County under
§15.017 of the Texas Civil Practice and Remedies Code as this is the County of the Plaintiff's
residence.
IV. ACTS OF DEFENDANT
Defendant, made many intentional false written accusations that unambiguously made the
Plaintiff's seem to be charged with a crime, committed a crime, acts of dishonesty, fraud, or
general depravity, falsehoods that occupation, Main v. Royall, 348 $,W.3D 318,390 (Tex App
Dallas 2011,no pet.) Statements involving defamation per se damages are presumed, and
plaintiffs are entitled to recover general damages, including damages for loss of reputation and
metal anguish. Defendant, intentionally published written statements to harm the Plaimtfis and
the statements made are defamatory per se and the statements speak for themselves allowing the
Plaintiffs to recover damages in the jurisdictional limits of the court.
V. CAUSES OF ACTION
DEFAMATION AND LIBEL PER SE
As more fully set forth above, Defendant Allen made defamatory statements about Wade
and JWE which were untrue, and disparaged, and therefore damaged the reputation of Wade,
JWE and caused other damages. The defamatory language was clear and reasonably capable of
only one meaning. The defamatory language was for no purpose other than to injure Plaintiff's
Plainiihs Original Petition Pagedreputation, expose them to public hatred, contempt or ridicule, impeach their honesty, integrity,
virtue or reputation and to cause harm,
In reaction to the defamatory statements by Defendant the Plaintiffs has been harassed by
others accessing the web page, they been emotionally devastated and suffered anxiety, worry,
sleeplessness and other physical manifestations of emotional distress. These statements have
caused great unnecessary emotional pain and mental suffering.
Defendants’ statements were not privileged in any way. Further, statements regarding
sexuality acts, and of committing a crime are considered libel per se under Texas law. The
statements were published on facebook.com in a non-private web page and were therefore
accessible to anyone in the world. As a direct and proximate result of Defendants’ defamatory
statements, Plaintifis have been damaged and such damages were proximately caused by
Defendants’ libel. The defendants Facebook page consist of pictures of defendants, family,
family pets, and the son of Defendant Dinia Allen. Both parties make posts and comments on
various groups on Facebook. The most commonly known is a group called Rants and Raves of
Wichita Falls which at approximately 16500 members.
On January 1, 2016 Plaintiff Wade and his family home caught fire at 7712 highway 79
South, Wichita Falls, Archer County Texas.
On January 2, 2016 Defendant posted in a public forum Rants and Raves of Wichita Falls
accusing Plaintiff of arson, Defendant Dinia Allen stated at 7:30 pm “Jody Wade is a proven
arsonist.”
On February 19, 2016 at 8:52 pm Defendant Chris Allen posted on his wife's Facebook
account about a related article concerning the Plaintiffs. Defendant Chris Allen posted; “Jody
Plaintif's Original Petition PassWade is a fucking pussy!!! He's got the Sheriff's (sick) in either his ass or mouth so he gets
away with everything. ..that guys a hoe.
On February 19, 2016 at 8:55pm Defendant Dinia Allen posted under her husband's
comments the following; “He hit a guy and had his truck towed to Dallas and fixed, Then paid
the guy off to not talk. He is useless.” Then at 9:15 pm she went on to state; “I'm not sure....1
can't remember all the details. It’s happened more than once tho..so its possible. He"s such a
crook.
Further, Defendants" malicious and intentional acts against Plaintiffs impose liability for
punitive damages as they were performed with malice and with knowledge of the actual truth.
Plaintifis reserve the right to make further pleadings in the future.
GROSS NEGLIGENCE
Both Chris Allen and Dinia Allen were aware of the risk of harm from their publication
of false statements about the Plaintifl’s on a public web site. Although aware of the risk of harm,
they acted with conscious indifference to that risk and with malice toward Wade and
nevertheless continued to publish the false statements. As a direct and proximate cause of their
actions, they are liable to Wade for punitive damages and Wade seeks such damages against
Dinia Allen and Chris Allen.
VL COUNT 1 DEFAMATION PER SE AND STATUATORY DEFAMTION
‘The Plaintiffs incorporate by reference the facts previously set out in this petition, as is fully set
forth herein. The defendants maintain a profile through a Facebook account which they
regularly publish false and defamatory accusations about the Plaintiffs. Those accusations are
being continually published and are being published at the present time.
Plaintiff's Original Petition Page 4These accusations are false and constitutes statutory libel in that among other things the
accusation attempts to injure the reputation of the plaintiffs and expose the Plaintiffs to public
hatred, contempt, or ridicule, expose the Plaintiffs to financial injury, damages Plaintif?’s
profession and impeaches the Plaintiffs honesty, integrit
Virtue, reputation, exposing the
Plaintiffs to public hatred and ridicule,
The false allegations were made and are being made by the Defendants with actual
malice and constitute libel per se in that it stated that Plaintiff was guilty of professional
misconduct,
That false accusation against Plaintiffs jeopardizes Plaintiffs life work, career, business
enterprises, and has caused severe emotional distress and suffering
‘That false accusation has caused Plaintiff to suffer loss of reputation, has damaged
plaintiffs ability to engage in Pla
fs chosen profession, has caused severe emotional distress
and has interfered with Plaintiffs ability to conduct Plaintiff's affairs in a normal manner.
VII COUNT 2: LIBEL PER SE AND STATUTORY LIBEL
‘The Plaintiffs incorporate by reference facts previously set forth in this Pet
fully set forth herein,
The defendants maintain a Facebook account through which they regularly publish false
and defamatory accusations about the Plaintiff. These accusations are being continually
published and are being published at this time.
That accusation is false and constitutes statutory libel in that the accusation injures the
reputation of the Plaintiff's and exposes the Plaintiffs to public hatred, contempt, or ridicule,
expose the Plaintiff to financial injury, and impeach the Plaintififs honesty, integrity, virtue, or
reputation, exposing the Plaintiff to public hatred and ridicule.
Plaintf's Original Petition PagesThe false allegations were made and are being made by the Defendants with actual
malice and constitute libel per se in that it stated that Plaintiffs was guilty of gross professional
misconduct.
That false accusation against Plaintiffs jeopardizes Plaintiffs life's work, business
enterprises and has caused severe emotional distress and suffering,
VIII. COUNT 3: DEFAMATION, LIBEL, PER SE AND STATUTORY LIBEL
The plaintiffs incorporate by reference the facts previously set forth in this petit
fully set forth herein.
‘The false and defamatory statements and accusations were made by the Defendants with
actual malice and were known by them to be untrue when they published it
‘That accusation is false and constitutes statutory libel in that the accusation injures the
reputation of the Plaintiffs and exposes the Plaintiffs to public hatred, contempt, or ridicule,
expose the Plaintiffs to financial injury, and impeach the Plaintiffs honesty, integrity, virtue, or
reputation exposing the Plaintiffs to public hatred and ridicule
The accusations are being continually published and are being published at the present
time.
That accusation was made and being made by the Defendants with actual malice and
constitutes libel per se in that it stated that Plaintiffs was guilty of professional misconduct.
1X. COUNT
LIBEL PER SE AND STATUTORY LIBEL
The plaintiffs incorporate by reference facts previously set forth in this petition as is fully
set forth herein.
Plains Original Petition PagesThat false accusation against Plaintiffs jeopardizes Plaintiff's life work, career, business
enterprises, and has caused severe emotional distress and suffering, That accusation is false and
constitutes statutory libel in that accusation injures the reputation of the plaintiffs and exposes
the Plaintiffs to public hatred, contempt, or ridicule, expose the Plaintiffs to financial injury, and
impeach the Plaintifi’s honesty, integrity, virtue, or reputation exposing the Plaintiffs to public
hatred and ridicule.
The accusation is being continuously published and is being published at the present
time.
X. COUNT 5: LIBEL AND LIBEL PE SE
‘The Plaintiffs incorporate by reference the facts contained herein.
Defendants defamatory statements constitute slander per s
that they stated and or
suggested that the Plaintiffs was guilty of professional misconduct or acts that would constitute
professional misconduct. Defendant's defamatory statements constitute slander per se in that
they attack Plaintiffs current job and life's career and profession or enterprises. These
accusations are false and constitute statutory slander in that the accusations injure the reputation
of the Plaintiffs and expose the Plaintiffs to public hatred, contempt, or ridicule, finaneial injury,
and impeach the Plaintiffs honesty integrity, virtue, or reputation
VI. COUNT 6: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
Plaintiffs hereby incorporate by reference all of the facts previously plead in this petition
as if fully set forth herein. Defendants accusations of Plaintiff being a “proven arsonist “is,
outrageous. Plaintiffs have suffered severe emotional distress.
VIL PUNITIVE DAMAGES.
Plaintifs Original Petition Page?Pleading further Plaintiff alleges that under the factual all of the allegations stated herein
the actions of the defendants described in each count set forth above were malicious violations of
the right Plaintiffs. Plaintiffs, therefore, is entitled to recover exemplary damages. Plaintiffs
would ask the court for punitive damages to deter the defendants and others similarly situated,
from engaging in this type of conduct in the future. Accordingly, Plaintififs sues for exemplary
damages for each county in this petition within the jurisdictional limits of the court.
VIII. CONCLUSION AND PRAYER
As a direct and proximate cause of the actions of the Defendants as outlined above,
Plaintiffs has suffered damages. Those damages include but are not limited to, emotional
distress and mental anguish and the maximum amount of damages sought by Plaintiffs is within
the jurisdictional limits of this Court. Therefore, Ms. Draker prays that each Defendant be cited
to appear herein, that upon trial, the Defendants be held liable for the causes of action pled and a
judgment be entered against them awarding Plaintiffs all of the following:
1. Actual damages;
2. Consequential damages;
3. Each Plaintiff requests the maximum amount of $10,000.00 each against each of
the defendants
Damages for emotional distress and mental anguish;
Exemplary damages;
Pre- and post-judgment interest;
Costs of Court; and
Any other damages or relief Plaintiff's may show to be justly entitled,
SI Aae
Respectfully submitted,
JODY R.WADE JODY WADE ENTERPRISES, LLC
viet
= fo Se be By: eLearn
JODY R. , PRESIDENT
3101 Armory Road
Plaintifr's Original Petition Page §. Wichita Falls, Texas 76302
940.767.5555 Telephone
940.767.0570 Fax
Jody@wftowing.com
Piaitif’s Original Petition aged