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Plaintiffs Original PetitionMott v. Mission Park
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CAUSE NO. _____________________
TIMOTHY MOTT, SHARLOTTE
MOTT, and JONATHAN MOTT
IN THE DISTRICT COURT
Plaintiffs,
V. _______ JUDICIAL DISTRICT
MPII, INC. d/b/a MISSION PARK
FUNERAL CHAPELS AND
CEMETERIES
Defendant. BEXAR COUNTY, TEXAS
PLAINTIFFS' ORIGINAL PETITION AND REQUEST FOR DISCLOSURE
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES TIMOTHY TIM MOTT, SHARLOTTE MOTT, and
JONATHAN MOTT, hereinafter called Plaintiffs complaining of MPII, INC. d/b/a
MISSION PARK FUNERAL CHAPELS AND CEMETERIES (MISSION) hereinafter
called Defendant and for cause of action show unto the Court the following:
DISCOVERY CONTROL PLAN LEVEL
1. Plaintiffs intend that discovery be conducted under Discovery Level 3. The
damages in this case are more than $1,000,000.00.
PARTIES AND SERVICE
2. Plaintiffs, TIMOTHY MOTT, SHARLOTTE MOTT, and JONATHAN
MOTTare each natural persons residing in Bexar County, Texas.
3. Defendant MPII, INC. d/b/a MISSION PARK FUNERAL CHAPELS AND
CEMETERIES is a Texas corporation headquartered and doing business in Bexar County,
288TH
J/D CIT PPS SAC3
ED
3/2016 1:36:45 PM
nna Kay McKinneyxar County District Clerkcepted By: Lisa Morales
2016CI00572
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______________________________________________________________________________
Plaintiffs Original PetitionMott v. Mission Park
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Texas at all material times. Service may be effected upon its registered agentRichard D. Tips
at 1700 S.E. Military Dr., San Antonio, Texas 78214 or wherever he may he found via
private process.
JURISDICTION AND VENUE
4. The subject matter in controversy is within the jurisdictional limits of this court.
Plaintiffs rely solely on Texas state law to the exclusion of any federal law. In the case of
misnomer or misidentification, Plaintiffs sue the Defendant pursuant to TRCP 28.
5. This court has jurisdiction over Defendant MISSION, because said Defendant is a
Texas corporation headquartered and doing business in Bexar County, Texas.
6. Venue in Bexar County is proper in this cause pursuant to Section 15.002(a)(1) of
the Texas Civil Practice and Remedies Code because all or a substantial part of the events or
omissions giving rise to this lawsuit occurred in Bexar county.
JURY DEMAND
7. Plaintiffs hereby makes demand for trial by jury and tenders herewith the
statutory jury fee.
FACTS
8. Julie Mott, daughter of Tim and Sharlotte Mott, and brother of Jonathan Mott,
died on August 8, 2015 of natural causes. Julie Mott was twenty-five years old. Julies father,
Tim Mott, arranged for the funeral memorial to be followed by cremation with Defendant
Mission. In connection with the funeral, on or about August 8, 2015, Mission took possession of
the body of Julie Mott. On August 15, 2015 the memorial service was held at the Mission Cherry
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Plaintiffs Original PetitionMott v. Mission Park
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Park location. Sometime later that day, after the memorial service but before the body was
transferred to the crematorium, Mission lost possession of Julie Motts body and to this day has
been unable to explain how they lost the body. To this day, Julie Motts body has not been
located.
NEGLIGENCE
9. Said conduct by Mission, listed in paragraph 7 above, constitutes a want of
ordinary care. Plaintiffs have suffered damages as a result of Missions negligent conduct.
GROSS NEGLIGENCE
10. Said conduct by Mission, listed in paragraph 7 above, constitutes gross
negligence. Plaintiffs have suffered damages as a result of Missions grossly negligent conduct.
REQUEST FOR DISCLOSURE
11. Pursuant to Texas Rule of Civil Procedure 194, Plaintiffs make Request for
Disclosure, and requests Disclosure required by Texas Rule of Civil Procedure 194 (a) - (k).
Responses to this request must be served upon the undersigned counsel within fifty-one (51) days
after service of process.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiffs respectfully pray that the
Defendant be cited to appear and answer herein, and that upon a final hearing of the cause,
judgment be entered for the Plaintiffs against Defendant for the economic and actual damages
requested hereinabove in an amount in excess of the minimum jurisdictional limits of the Court,
but within the jurisdictional limits of this court, together with punitive and exemplary damages,
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______________________________________________________________________________
Plaintiffs Original PetitionMott v. Mission Park
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prejudgment and post-judgment interest at the maximum rate allowed by law, costs of court, and
such other and further relief to which the Plaintiffs may be entitled at law or in equity, general or
specific, whether pled or unpled.
Respectfully submitted,
Katzman & KatzmanA T T O R N E Y S A T L A W
21022 Gathering OakSan Antonio, Texas 78260(210) 979-7300 tel(210) 979-7357 [email protected]
_____s/alex katzman________ALEX KATZMANSBN: 00786939
and
Mark Louis GreenwaldGREENWALD & GREENWALD, PLLC.11911 Orsinger LaneSan Antonio, Texas 78230(210) 789-6100 tel(210) 568-6877 [email protected]
___s/mark louis greenwald____MARK LOUIS GREENWALDSBN: 0487050