Professional Documents
Culture Documents
Wrongful Death Petition Filed On Behalf of Corpus Christi Police Officer Alan McCollum Estate
Wrongful Death Petition Filed On Behalf of Corpus Christi Police Officer Alan McCollum Estate
3/5/2020 11:54 AM
Anne Lorentzen
District Clerk
Nueces County, Texas
2020CCV-60348-1
CAUSE NO. _________________
NEXT FRIEND OF L.M., MINOR CHILD, Plaintiffs in the above-styled and numbered
herein, and for their cause of action would show unto the Court as follows:
I.
DISCOVERY CONTROL PLAN
1.1 Pursuant to Rule 190.1 of the Texas Rules of Civil Procedure, Plaintiffs
intend to proceed with discovery under Level 3 as set forth in Rule 190.4.
II.
PARTIES
2.1 Plaintiff, Michelle McCollum is a resident of the State of Texas, and is the
surviving spouse of Alan McCollum, Deceased, and the biological mother of L. M., Minor
Child, and brings suit herein in her individual capacity, in her capacity as Representative
Page 1
of the Estate of Alan McCollum, Deceased, and as Next Friend of L. M., Minor Child.
Texas, and may be served with process by serving him at the Nueces County Jail, 901
Texas, and may be served with process by serving him at 306 Caribbean Dr., Corpus
of Texas, and may be served with process by serving him at his home address: 14006
2.5 Defendant, Wonders Bar and Grill, LLC, is a limited liability company,
doing business, engaging in business, and transacting business in that State of Texas and
may be served with process by serving its Texas Registered Agent for Service: Dayyan
III.
JURISDICTION AND VENUE
Section 15.002(a)(1) of the Texas Civil Practice and Remedies Code, in that all or a
substantial part of the events or omissions giving rise to the claim occurred in Nueces
County, Texas.
IV.
FACTS
4.1. On January 31, 2020, Officer Alan McCollum initiated a traffic stop of
Christopher Litke who was driving a 2005 Ford F250 pickup truck, owned by Walter
Thompson, and traveling west bound on State Highway 358 at speeds in excess of 100
Page 2
mph for excess speed and reckless driving. At the time, Litke was impaired by drugs
and/or alcohol. After reaching speeds of 120 mph, Litke finally came to a stop on the
right shoulder at the 3700 block of State Highway 358 westbound. When Officer
McCollum exited his police vehicle to approach Litke, he was struck suddenly, violently
and without warning by Brandon Portillo driving a 2017 black Chevrolet Silverado
pickup truck and killed. Brandon Portillo was grossly intoxicated when his vehicle struck
4.2 Earlier in the evening of January 31, 2020, Portillo consumed multiple
alcoholic beverages at WBG in Corpus Christi, Texas. The alcoholic beverages provided
to and consumed by Portillo on January 31, 2020 were provided by WBG. While drinking
at WBG, Portillo was very intoxicated and exhibited outward, open and obvious signs of
intoxication. Specifically, Portillo was obviously intoxicated while at WBG to the extent
he presented a clear danger to himself and others. The signs of his intoxication were
actually noticed and observed by managers, bartenders and servers at WBG, and/or by
other employees of WBG, and/or by other bar patrons, or should have been noticed and
4.3 Despite Portillo being intoxicated, showing obvious signs thereof, and
presenting a clear danger to himself and others, personnel at WBG, including managers,
vice principals, bartenders and servers at WBG, and/or other employees of WBG,
neglected to cease alcohol sales to Portillo. Just the opposite, WBG continued to provide
4.4 While obviously intoxicated to the point of posing a clear danger to himself
and others, Portillo left WBG. At the time he left WBG, Portillo had a blood-alcohol
Page 3
content that was substantially over Texas’s legal limit of intoxication. Quite clearly,
Portillo was obviously intoxicated when he left WBG. Despite his state of obvious and
servers at WBG and/or by other employees of WBG, to exit WBG. After leaving WBG in
an obviously intoxicated state, Portillo climbed behind the wheel of his 2017 black
4.5 After leaving WBG, Portillo travelled from WBG west bound on Highway
358 and as he approached the 3700 block, Portillo collided with 3 Police Vehicles, Litke’s
vehicle and struck Officer McCollum causing him to be thrown over the barrier landing
below on the pavement of the 5000 block of Carroll Lane, causing his death.
4.6 While in the police vehicle, in response to being told he just killed an
V.
WONDERS BAR AND GRILL, LLC
5.1 The allegations set forth in paragraphs 4.1-4.9 above are incorporated
herein by reference.
5.2 Defendant WONDERS BAR AND GRILL, LLC (“WBG”) operates a for-
profit business that serves alcoholic beverages to patrons by virtue of a TABC mixed
beverage permit. Accordingly, WBG has voluntarily submitted itself to the duties and
obligations imposed by the Texas Alcoholic Beverage Code (hereinafter “TEX. ALCO.
BEV. CODE”).
5.3 WBG has two previous TABC violations and five TABC complaints, three
Page 4
5.4 Plaintiff brings this suit pursuant to TEX. ALCO. BEV. CODE § 2.02, et seq.
5.5 Inasmuch as Section 106.14(a) of the TEX. ALCO. BEV. CODE is used
defensively by WBG, and without admitting to the propriety of any such defensive use,
Plaintiff will show: a) WBG directly or indirectly encouraged its employees or servers to
violate the TABC’s laws, or other laws relating to the sales, service, dispensing, or
defense otherwise available under Section 106.14(a). Further, Plaintiff does not
acknowledge that any employees of WBG serving or providing alcohol to Portillo were
program as required by law. Plaintiff demands strict proof of these elements under Texas
law.
VI.
BRANDON PORTILLO
6.1 At the time and on the occasion in question, Defendant, Portillo, while
operating said vehicle, failed to use ordinary care by various acts and omissions each of
which singularly or in combination with others, was a proximate cause of the occurrence
in question:
Page 5
1. in failing to timely apply brakes;
6.2 Each and all of the above foregoing acts of omission and/or commission
proximate cause of the injuries to Officer Alan McCollum, the physical pain and mental
VII.
CHRISTOPHER LITKE
7.1 At the time and on the occasion in question, Defendant, Litke, while
operating his vehicle on the occasion in question, committed acts of omission and
was a proximate cause of the injuries to Officer McCollum, the physical pain and mental
anguish he suffered, his death, and of the damages suffered by Plaintiffs. At the time
Litke was operating his vehicle, he also was impaired by drugs and/or alcohol.
Page 6
VIII.
WALTER THOMPSON
A. NEGLIGENCE
8.1 Defendant Walter Thompson committed acts of omission and commission
proximate cause of the injuries to Officer McCollum, the physical pain and mental
B. NEGLIGENT ENTRUSTMENT
8.2 Defendant Walter Thompson is liable for Plaintiffs’ injuries and damages
under the theory of negligent entrustment. Defendant Walter Thompson was the owner
of the vehicle driven by Christopher Litke at the time of the accident in question.
the date in question. At the time of the entrustment, Christopher Litke was an
incompetent and/or reckless driver. Defendant Walter Thompson knew or should have
known that Christopher Litke was an incompetent and/or reckless driver. Walter
Thompson was negligent on the occasion in question, which negligence was a proximate
cause of the injuries to Officer McCollum, the physical pain and mental anguish he
IX.
DAMAGES
9.1 Nearly all of the elements of damages for personal injury and wrongful
death are unliquidated and, therefore, not subject to precise computation. Plaintiffs seek
to recover damages in amounts that the jury finds the evidence supports and that the jury
finds to be appropriate under all of the circumstances, which Plaintiffs now plead as
being well in excess of Ten Million Dollars.
Page 7
A. OFFICER ALAN MCCOLLUM SURVIVAL DAMAGES
excruciating pain, horror, mental anguish, and terror associated with the knowledge of
his impending death and the devastation of leaving his children without a father. Alan
McCollum’s estate is entitled to recover for his mental anguish, physical pain, and
necessary funeral bills and expenses, for which recovery is sought herein in an amount
9.3 Decedent, Officer Alan McCollum, was 46 years of age at the time of his
death. He was in good health with a reasonable life expectancy of many years. During
his lifetime, the decedent was a good, caring husband who gave comfort and
9.4 As a result of the death of Officer Alan McCollum, his surviving wife,
Michelle McCollum, has suffered damages in the past and in the future, including
society and loss of inheritance, for which damages are sought in an amount far in excess
9.5 Decedent, Officer Alan McCollum, was 46 years of age at the time of his
death. He was in good health with a reasonable life expectancy of many years. During
his lifetime, the decedent was a good, caring father who gave comfort and
Page 8
9.6 As a result of the death of Officer Alan McCollum, his surviving biological
daughter, L.M., Minor Child, has suffered damages in the past and in the future,
consortium, and loss of inheritance, for which damages are sought in an amount far in
X.
REQUESTS FOR DISCLOSURE
10.1 Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Defendants are
requested to disclose, within fifty (50) days of service of this request, the information or
XI.
PRE-JUDGMENT AND POST-JUDGMENT INTEREST
XII.
JURY DEMAND
XIII.
PRAYER
to appear and answer herein, that this cause be set for trial before a jury, that Plaintiffs
recover judgment of and from the Defendants for their actual damages in such amount
as the evidence may show and the jury may determine to be proper, together with pre-
judgment interest, post-judgment interest, costs of suit, and such other and further relief
Page 9
Respectfully submitted,
Page 10