Hays County Lawsuit

FILED
3/21/2017 10:46:27 AM
Beverly Crumley
District Clerk
17-0600 Hays County, Texas
Cause No. ______________
FREDDIE JOEY TAYLOR, JR., IN THE DISTRICT COURT
INDIVIDUALLY and as
REPRESENTATIVE OF THE ESTATE
OF JORDIN EMILY TAYLOR, DECEASED,
Plaintiffs,

V. _________ DISTRICT

SKYLINE PARTY BUS CO., LLC,
BURLESON SMTX PROPERTIES, LLC,
GABRIELA WILSON, BRANDON BURLESON,
B&B SHUTTLES, LLC D/B/A B&B
TRANSPORTATION, VCD SAN MARCOS
RIVER, LLC, PI KAPPA ALPHA
FRATERNITY, PI KAPPA ALPHA ZETA
THETA CHAPTER, ALPHA TAU OMEGA
FRATERNITY, ALPHA TAU OMEGA
IOTA ALPHA CHAPTER, KAPPA ALPHA
ORDER, KAPPA ALPHA ORDER EPSILON
IOTA, DELTA TAU DELTA FRATERNITY,
DELTA TAU DELTA ZETA DELTA CHAPTER,
Defendants. HAYS COUNTY, TEXAS
PLAINTIFFS ORIGINAL PETITION
NOW COME Freddie Joey Taylor, Jr., Individually and Freddie Joey Taylor, Jr., as
Surviving Parent of Jordin Emily Taylor, Deceased, hereinafter called Plaintiffs, complaining of
and about the above named Defendants, and for cause of action show unto the Court the
following:
DISCOVERY CONTROL PLAN LEVEL
Plaintiffs intend that discovery be conducted under Discovery Level 3.
PARTIES AND SERVICE
Plaintiff, Freddie Joey Taylor, Jr., is an Individual who resides in Texas.
Plaintiff, Freddie Joey Taylor, Jr., an Individual, brings this action as surviving parent of
Jordin Emily Taylor, Deceased.
PLAINTIFFS ORIGINAL PETITION 1

As used herein, "Plaintiff" shall include not only named Plaintiffs, but also persons
whose claims are being represented by a Plaintiff or persons from whose injuries or death the
Plaintiffs' claims are derived.
Defendant Skyline Party Bus Co., LLC, a Limited Liability Company based in Texas,
may be served with process by serving the registered agent of said company, Brandon Burleson,
at 1211 Mountain View Drive, San Marcos, Texas 78666, its registered office. Service of said
Defendant as described above can be effected by personal delivery.
Defendant B&B Shuttles, LLC d/b/a B&B Transportation is a Limited Liability Company
based in Texas, may be served with process by serving the registered agent of said company,
Brittney L. Tansil, at 222 Wonder World Drive, San Marcos, Texas 78666, its registered office.
Service of said Defendant as described above can be effected by personal delivery.
Brandon Burleson, an Individual who is a resident of Texas, may be served with process
at her home at the following address: 222 Wonder World Drive, San Marcos, Texas 78666.
Defendant Gabriela Wilson, an Individual who is a resident of Texas, may be served with
process at her home at the following address: 1201 Thorpe Ln., Apt. 139, San Marcos, Texas
78666 or wherever she may be found. Service of said Defendant as described above can be
effected by personal delivery.
Defendant Burleson SMTX Properties, LLC is a Limited Liability Company based in
Texas, may be served with process by serving the registered agent of said company, Brandon
Burleson at 222 Wonder World Drive, San Marcos, Texas 78666, its registered office. Service
of said Defendant as described above can be effected by personal delivery
Defendant VCD San Marcos River, LLC is a Limited Liability Company based in Texas,

may be served with process by serving the registered agent of said company, Edward F. Romano,
III at 430 Cindi Circle, Wimberley, Texas 78676. Service of said Defendant as described above
can be effected by personal delivery.
Defendant Pi Kappa Alpha Fraternity, a national fraternity, may be served with process
by serving the president, Mark A. Robertson or the vice president, G. Brint Ryan, at Memorial
Headquarters, 8347 West Range Cove, Memphis, Tennessee 38125. Service of said Defendant
as described above can be effected by personal delivery.
Defendant Pi Kappa Alpha Zeta Theta Chapter, may be served with process by serving
President, Ryan Goodrum, or Health and Safety director, Jon Galvan, of said organization,
wherever they may be found. Service of said Defendant as described above can be effected by
personal delivery.
Defendant Alpha Tau Omega Fraternity, a national fraternity, may be served with process
by serving the president, Dr. Timothy Clipson or vice president, Jeffrey Miles of the fraternity at
One North Pennsylvania Street, 12th Floor, Indianapolis, Indiana 46204. Service of said
Defendant as described above can be effected by personal delivery.
Defendant Alpha Tau Omega Iota Alpha Chapter, may be served with process by serving
a chapter officer of the fraternity chapter at 401 N. Comanche Street, San Marcos, Texas 78666.
Defendant Kappa Alpha Order, a national fraternity, may be served with process by
serving Larry Wiese, Executive Director, of the fraternity at 115 Liberty Hall Road, Lexington,
Virginia 24450. Service of said Defendant as described above can be effected by personal
delivery.
Defendant Kappa Alpha Order Epsilon Iota, may be served with process by serving a

chapter officer, Matthew Johnson, Reagan Hull, Nicholas Erwin, or Keith Carter at 602
Academy Street, San Marcos, Texas 78666. Service of said Defendant as described above can be
Defendant Delta Tau Delta Fraternity, a national fraternity, may be served with process
by serving executive vice president of the fraternity, Jim Russell, at 10000 Allisonville Road,
Fishers, Indiana 46038. Service of said Defendant as described above can be effected by
personal delivery.
Defendant Delta Tau Delta Zeta Delta Chapter, may be served with process by serving a
chapter officer or the president Tyler Jones or vice president, Mason Harris at 2110 Old Ranch
Road 12, San Marcos, Texas 78666. Service of said Defendant as described above can be
JURISDICTION AND VENUE
The subject matter in controversy is within the jurisdictional limits of this court.
Plaintiffs seek monetary relief over $10,000,000.00.
This court has jurisdiction over the parties because Defendants are Texas residents or
have substantial contact with Texas.
Venue in Hays County is proper in this cause under 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 this county and most of the Defendants are residents of
Hays County or have their place of business in Hays County.
INTRODUCTION
This civil action is brought by Freddie Joey Taylor, Jr., individually and as surviving
parent of Jordin Emily Taylor, Deceased under the authority the authority of the Texas Wrongful

Death Statute and the Texas Survival Statute for damages arising out of the Defendants
negligent and other wrongful conduct arising from the event held at Cool River Ranch on
October 28, 2016 where the death of Jordin Emily Taylor occurred. The event consisted of
between 2,000 and 3,000 people, however there were merely a handful of security personnel who
were in charge of ensuring the safety of the attendees at the event. In addition, the fraternities
who hosted the event provided alcohol to the attendees without providing adequate security to
ensure that no underage drinking occurred.
Jordan Emily Taylor had been an attendee of the event and was served alcohol even
though she was under 21 years old. Jordin Emily Taylor was found deceased on October 29,
2016 at Cool River Ranch. Her body was found wedged between the ground and the axle of a
party bus owned and operated by B&B Shuttles, LLC d/b/a B&B Transportation and Skyline
Party Bus Co., LLC; as she was run over by one or more party buses that were transporting
attendees to the event. It is believed that Jordin Emily Taylor was hit by one of the buses, and
her body became trapped under one of the buses and dragged along a gravel road where she
sustained multiple blunt force trauma to her head. The bus that Jordins body was trapped under
became disabled and was parked overnight with her body remaining under the axle, the bus
driver never looked under the bus to see Jordins body trapped under the axle; it wasnt until the
following morning when a mechanic found her body.
FACTUAL BACKGROUND
On or about October 14, 2016, Defendants, Alpha Tau Omega Iota Alpha Chapter, Pi
Kappa Alpha Zeta Theta Chapter, and Kappa Alpha Order Epsilon Iota Chapter summited a
Fraternity/Sorority Event with Alcohol Agreement Form to the Greek Affairs Office
Registered to host an event at Cool River Ranch on October 28, 2016. The Application stated

that there would be an estimate of 1000 guests at the event.
On or about October 14, 2016, Greek Affairs at Texas State University emailed the
fraternities declining the request for the fraternities to host the event stating that the decline was
due to the size of the event being too large and because the Defendant Kappa Alpha Order
Epsilon Iota Chapter was on suspension by its National Office with the Kappa Alpha Order
Fraternity.
On or about October 17, 2016, representative(s) of the Defendant Alpha Tau Omega Iota
Alpha Chapter met with Greek Affairs about the fraternity hosting its own event without any
other fraternity co-hosting it.
On or about October 19, 2016, Defendant Pi Kappa Alpha Zeta Theta Chapter submitted
to the Texas State University Greek Affairs Office a Fraternity/Sorority Event with Alcohol
Agreement Form to host an even on October 28, 2016 stating that only Pi Kappa Alpha Zeta
Theta Chapter would be hosting the event.
On or about October 19, 2016, Defendants Alpha Tau Omega Iota Alpha Chapter and Pi
Kappa Alpha Zeta Theta Chapter submitted to the Texas State University Greek Affairs Office a
Fraternity/Sorority Event with Alcohol Agreement Form stating that the event on October 28,
2016 would only be hosted by the Defendants, Alpha Tau Omega Iota Alpha Chapter and Pi
Kappa Alpha Zeta Theta Chapter. The Application stated that there would only be an estimated
250 guests at the event.
Defendant, Delta Tau Delta Zeta Delta Chapter was on social probation by Texas State
University and therefore could only host events that did not have alcohol at the event.
The event, according to member(s) of Delta Tau Delta Zeta Delta Chapter, was open to
the public, and an invitation to the event was posted on Facebook.

On October 28, 2016, the event hosted by the four fraternity chapters had an estimate of
3000 people in attendance. The only security present, according to persons who attended the
event, were only approximate 4-5 persons who stood at the entrance of the event location;
however, these persons allowed guests to come into the event who were under the age of 21
without checking their identification to determine their age.
Defendant, Skyline Party Bus Co., LLC, was hired by the fraternities to operate charter
party buses that transported guests to and from the event on October 28, 2016. Defendant B&B
Shuttles, LLC d/b/a B&B Transportation is an entity which owns the party bus that Skyline Party
Bus Co., LLC managed.
Defendant VCD San Marcos River, LLC is the owner of the property where the event
subject of this suit occurred. The property goes by the name Cool River Ranch and is a venue
that can be rented for concerts and events and is a location where persons can be taken to float
the San Marcos River.
Defendant, Burleson SMTX Properties, LLC rents the property, Cool River Ranch, from
VCD San Marcos River, LLC several months out of the year and is the company that manages
the property and coordinates events on the property during the time that it rents the property.
Defendant, Brandon Burleson, is the managing member of Burleson SMTX Properties,
LLC and oversees its operation. Defendant Brandon Burleson is a member of Skyline Party Bus
Co., LLC and oversaw the operation and management of the buses on the night of the event.
The fraternities who hosted the event contacted Defendant Burleson about renting the
property for the event on October 28, 2016. Allegedly, the contract between Burleson SMTX
Properties, LLC and the fraternities placed responsibility for security of the event on the
fraternities as well as monitoring the alcohol consumption. It was allegedly conveyed to the

fraternities that there was to be no underage drinking allowed, however Defendants, Burleson,
and Burleson SMTX Properties, LLC were at the event and witnessed the underage drinking
occurring.
Defendant, Gabriela Wilson, is an employee of Skyline Party Bus Co., LLC and was the
driver that operated the bus that hit Jordin Emily Taylor on the night of the incident and where
Jordins body was recovered the following morning.
The night of the incident, Skyline Party Buses, dropped off attendees of the event at the
entrance of the event and then travelled along a gravel road which circled in front of the entrance
to allow the buses to leave the property. After travelling through the circle, the buses would stop
and pick up attendees who were leaving the event.
On the night of the event, there were complaints from attendees that these buses traveled
recklessly through the property, including travelling at a rate of speed that was unsafe around
pedestrians. Based on the investigation of the Guadalupe Sheriffs Department, it is believed that
Jordin Emily Taylor was hit by one or possibly more of the Skyline buses that were in operation
on the night of the event and was dragged along the gravel road. Jordins body was found
wedged under the axle of a Skyline Party Bus, and her injuries included multiple blunt force
trauma to her head as well as severe scrapes on her body from being dragged on gravel.
Unfortunately, Jordins body remained wedged under the Skyline Party bus overnight until she
was discovered the following afternoon.
Defendant Wilson operated the bus that drug Jordins body. Defendant Wilson noticed a
warning light for the air brakes of the bus. Shortly thereafter the bus became disabled and
stopped on the gravel road. Defendant Wilson called Defendant Burleson, who was her manager
at Skyline Party Bus. Defendant Burleson told Wilson to leave the bus parked on the road and

lock it up and he would have a mechanic assess the bus the following day. Defendant Wilson
never inspected under the bus after it became disabled to see Jordin trapped under the buss axle.
The event was shut down between 11:00 p.m. October 28, 2016 and 12:00 a.m. October
29, 2016 when law enforcement arrived due to noise complaints and complaints of intoxicated
individuals at the event.
Upon arrival to the event, police offers saw that there was a crowd of over 1000 at the
event premises and there were two large areas set up to serve alcohol without persons checking
identification. Additionally, the police officers saw that there were only a few security guards
set up at the entrance gate of the event, but that they were overwhelmed by the size of the crowd
and were unable to check identifications on many of the patrons going to the event.
The officers met with Defendant, Brandon Burleson, who was at the event when they
arrived, and told Defendant Burleson that there were too many people at the event and that the
security that was present was not adequate to ensure the patrons safety at the event.
Additionally, the officers informed Defendant Burleson that there were underage patrons who
were intoxicated. Defendant Burleson responded to officers with a mannerism which led the
officers to believe that Defendant Burleson was not concerned with the situation and that it was
not his problem to deal with.
The day following the event a TABC officer was on the premises investigating the claim
that alcohol was being served without a permit on the premises at the event. The officer saw
evidence of alcohol at the event in that cans of beer, boxes of wine, and cups were scattered all
over the premises, including in the restrooms. When the officer was on the premises, he spoke to
a pledge member of one of the fraternities hosting the event. The pledge member was driving a
truck with loads of trash in the bed of the truck. The trash consisted beer cans, red solo cups, and

boxes of wine. The pledge member told the officer that he was a pledge for Kappa Alpha Order
and that the night before, he and some other pledges were security for the bar area at the event.
He also told him that there were around 2000 people who were at the event.
When TABC came to the scene where Jordins body was found, Brian Burleson told
Brandon Burleson that TABC was wanting to know about minors drinking at the event, but that
it was not Brandon Burlesons problem, it was the fraternities problem. The TABC officer
spoke to Brandon Burleson who informed the officer that he leased the premises from Rocky
Romano, the owner of the land where Cool River Ranch was located. He then informed the
officers that he allowed the fraternities to use the land for the event in exchange for $6,000.00.
The fraternities mislead Texas State University when they applied for hosting the event;
additionally these fraternities recklessly allowed a large number of attendees to come to and
remain at the event without providing adequate security to ensure their safety as well as to ensure
that there was no underage drinking at the event. After a thorough investigation, Texas State
University suspended the individual fraternities due to various violations of the Universitys
policies. Those violations included: submitting false information to the university, allowing
Kappa Alpha Order to host the event even though it was not in good standing with its national
office; allowing Delta Tau Delta to host the event even though it was on social probation by the
University; providing beer and wine purchased by the fraternities; allowing minors to enter the
event without showing their identification; allowing minors to drink alcohol from freely open
sources of beer and boxed wine purchased by the fraternities; and not distributing alcohol in a
safe and lawful manner. It was found by the Universitys investigation that members of the
fraternities were required to serve as security for the event.
VCD San Marcos River, LLC allowed for Burleson SMTX Properties, LLC to schedule

events, such as the one on October 28, 2016, on its property with little to no oversight on the
safety of those on the premises during those events, thus creating a dangerous condition on the
property as well as allowing for a dangerous activity to occur on the property.
Defendants, collectively, created a dangerous condition, which proximately caused Jordin
Taylors death. They knew, or should have known, that allowing the fraternities to have an event
such as the one held at the Cool River Ranch was dangerous. Instead, they turned their heads
and pretended not to see the inadequate security, poor lighting, underage drinking, over
intoxication of invitees, and the reckless driving of the buses entering and exiting the property
the night of the event.
PLAINTIFFS CLAIMS AGAINST SKYLINE PARTY BUS CO., LLC
Negligence
Plaintiffs incorporate by reference and re-alleges the paragraphs above the same as if set
out at length.
Defendant, Skyline Party Bus Co., LLC had a duty to exercise the degree of care that a
reasonably careful person would use to avoid harm to others under circumstances similar to those
described herein.
Plaintiffs injuries were proximately caused by Defendant, Skyline Party Bus Co., LLCs
negligent, careless and reckless disregard of said duty.
The negligent, careless and reckless disregard of duty of Defendant, Skyline Party Bus
Co., LLC consisted of, but is not limited to, the following acts and omissions:
A. Failure to implement and adopt proper policies and procedures;
B. Failure to institute proper procedures to inspect the vehicles prior to their use on
the highways of Texas to insure that they are clean, and that all safety equipment
and/or warning equipment are in place, working properly, and do not have any
broken, defective, or missing parts;

C. Failure to communicate the appropriate information to Defendant Wilson
regarding proper procedures to drive in dark and crowded conditions such as what
were in place on the night of the event;
D. Failure to communicate the appropriate information to Defendant Wilson

regarding proper driving speed for the location such as where the event occurred;
E. Failure to require Defendant, Gabriela Wilson to comply with the Texas

Transportation Code; and
F. Such other and further acts of negligence as made be shown in the trial of this
case.
Negligent Hiring and Training
out at length.
Defendant, Skyline Party Bus Co., LLC is responsible for Defendant, Gabriela Wilsons
conduct under negligent hiring and retention. Defendant, Skyline Party Bus Co., LLC owed a
duty of care to take steps to prevent injury to the driving public by determining the competency
of Defendant, Gabriela Wilson to drive one of its party buses, adequately supervising that driver,
and adequately exercising control over that driver and her driving habits. The reason for this duty
of care is to promote safety and prevent motor vehicle accidents.
Defendant, Skyline Party Bus Co., LLC violated this duty of care by hiring and retaining
Defendant, Gabriela Wilson to operate on of its party buses thereby creating an unreasonable risk
of harm to others on the roadway. Defendant, Skyline Party Bus Co., LLC also violated this duty
of care by negligently supervising and failing to control the driving habits of Defendant, Gabriela
Wilson.
Defendant, Skyline Party Bus Co., LLC committed negligent acts and/or omissions in the
hiring of Defendant, Gabriela Wilson, including but not limited to the following:

A. Failure to conduct a reasonable and adequate interview of Defendant Driver as a
potential employee;
B. Failure to properly follow up on information not provided by Defendant Driver in

the interview process;
C. Failure to conduct a proper employment and background check;
D. Failure to sufficiently investigate Defendant Driver's training, prior employment,

criminal record, and past;
E. Failure to perform the required screening, testing, and physical of Defendant

Driver;
F. Failure to adopt proper policies and procedures regarding the interview of a

potential employee who will be driving a charter bus in the State of Texas; and/or
G. Such other and further acts of negligence as may be shown in the trial of this
cause as discovery progresses.
Defendant, Skyline Party Bus Co., LLC committed negligent acts and/or omissions in the
training of Defendant Driver, including but not limited to the following:
A. Failure to explain and demonstrate its safety policies and procedures to Defendant Driver;
B. Failure to conduct safety meetings and/or safety instruction of its employees including
Defendant Driver;
C. Failure to require attendance at any safety meetings and/or training;
D. Failure to provide the necessary training to Defendant Driver regarding bus driving, bus
safety, safety classes, how to properly and safely drive an charter bus, how to perform a
proper pre-trip and post-trip inspection, how to maintain a proper lookout, how to
properly brake a vehicle, the proper method to maintain a vehicle, the proper way and
the necessity of keeping a vehicle in proper working order, and in all matters regarding
the proper and safe operation of a charter bus and the maintenance of a charter bus in
various situations;
E. Failure to properly train its drivers regarding proper braking of a vehicle, the importance
of a proper lookout for pedestrians on the roads, especially when driving in a crowded
area at night;
F. Failure to properly train its drivers regarding all aspects of driver safety;

G. Failure to train its employees, including Defendant Driver, regarding safe and proper
operation of a charter bus, safe and proper lookout, safe and proper operation of a charter
bus such as a person and/or company of ordinary care would have done in the same or
similar circumstances;
H. Failure to provide and/or require regular follow-up driver education and training;
I. Failure to train its employees and Defendant Driver regarding the proper policies and
procedures for documenting pre and post-trip inspections and maintaining documentation
required by the company;
J. Failure to train Defendant Driver regarding maintaining a proper lookout and proper
braking procedures in certain situations, including the situation in which Defendant
Driver found herself in at the time of the collision in question; and/or
K. Such other and further acts of negligence as may be shown in the trial of this cause as
discovery progresses.
Defendant Skyline Party Bus Co., LLC committed negligent acts and/or omissions in the
supervision, retention and monitoring of Defendant Driver, including but not limited to the
following:
A. Failure to monitor Defendant Driver to make sure that she was complying with
policies and procedures;
B. Failure to interview and test Defendant Driver to make sure she had read and was
familiar with, understood, and followed the company policies and procedures;
C. Failure to implement proper policies and procedures for its employees, including
Defendant Driver, regarding driver safety and vehicle safety;
D. Failure to document attendance and topics discussed at any safety meetings and/or
courses or instruction;
E. Failure to require attendance at any safety meetings or instruction;
F. Failure to discipline, supervise, remedy, and train Defendant Driver after she
received citations;
G. Failure to train, reprimand, supervise, and remedy any deficiencies in Defendant

Driver as a driver;

H. Failure to monitor and document the number of accidents, moving violations,
speed of a particular violation, and fault of a violation and/or accident involving
Defendant Driver;
I. Failure to document and make a determination regarding fault in the accident

made the basis of this suit, which is a violation of their own policy and the Texas
Commercial Driver's Handbook;
J. Failure to document and make a determination regarding fault in the accident

K. Failure to require and document pre-trip inspections;
L. Failure to require and document post-trip inspections;
M. Failure to supervise, train, correct, and reprimand Defendant Driver for the
regular failure to document pre and post-trip inspections;
N. Failure to train, supervise, reprimand, and remedy Defendant Driver's conduct in

conducting a deficient pre and post-trip inspection following her citations and
receipt of violations by the Department of Public Safety (DPS) on prior
occasions and for having numerous violations of her vehicle;
O. Failure to supervise Defendant Driver to insure that she was keeping the vehicle
properly maintained and in good operating condition;
P. Failure to properly document citations, moving violations, accidents, and

violations of policy by Defendant Driver and/or other employees;
Q. Failure to conduct regular and required reviews of Defendant Driver's

performance;
R. Failure to require and maintain records of violations by Defendant Driver;
S. Failure to require and maintain necessary daily documentation;
T. Failure to create and maintain a driver qualification file on Defendant Driver;
U. Failure to require Defendant Driver to comply with the Texas and Federal Motor
Carrier Safety Regulations, the Texas Commercial Motor Vehicle Driver's
Handbook, and the Texas Transportation Code; and/or
V. Such other and further acts of negligence as may be shown in the trial of this

The negligence of Defendant, Skyline Party Bus Co., LLC in hiring, retaining, failing to
supervise, and failing to control Defendant, Gabriela Wilson was a proximate cause of the
injuries and damages suffered by Plaintiffs, for which they now sue.
Respondeat Superior
out at length.
At the time of the occurrence of the act in question and immediately prior thereto,
Gabriela Wilson was within the course and scope of employment for Defendant Skyline Party
Bus Co., LLC.
Gabriela Wilson was engaged in the furtherance of Defendant Skyline Party Bus Co., LLC's
business.
Gabriela Wilson was engaged in accomplishing a task for which Gabriela Wilson was employed.
Plaintiffs invoke the doctrine of Respondeat Superior as against Defendant Skyline Party
Bus Co., LLC.
Negligent Entrustment
out at length.
On October 28, 2016, Defendant Skyline Party Bus Co., LLC had the right to
possess and use the vehicle operated by Gabriela Wilson.
Defendant Skyline Party Bus Co., LLC entrusted the vehicle to Gabriela Wilson, a
reckless and incompetent driver.

Defendant Skyline Party Bus Co., LLC knew, or through the exercise of reasonable care
should have known, that Gabriela Wilson was a reckless and incompetent driver.
As described herein, Gabriela Wilson was negligent on the occasion in question.
Gabriela Wilson's negligence was the proximate cause of Plaintiffs' damages.
Gross Negligence
out at length.
Defendant Skyline Party Bus Co., LLC's conduct described herein constitutes gross
negligence in that Defendant Skyline Party Bus Co., LLC's business continuous violations the
Federal Motor Carrier Safety Regulations.
Defendant Skyline Party Bus Co., LLC had actual awareness of the risk of a collision as a
result of its failures to abide by the Federal Motor Carrier Safety Regulations but nonetheless
proceeded with conscious indifference to continue operations in a manner that violated the
Federal Motor Carrier Safety Regulations.
This gross negligence of Defendant Skyline Party Bus Co., LLC was a proximate cause
of the injuries and damages to Plaintiffs.
PLAINTIFFS CLAIMS AGAINST B&B SHUTTLES, LLC D/B/A B&B

TRANSPORTATION
Negligence
out at length.
Defendant, B&B Shuttles, LLC d/b/a B&B Transportation had a duty to exercise
the degree of care that a reasonably careful person would use to avoid harm to others under
circumstances similar to those described herein.

Plaintiffs injuries were proximately caused by Defendant, B&B Shuttles, LLC d/b/a
B&B Transportation's negligent, careless and reckless disregard of said duty.
The negligent, careless and reckless disregard of duty of Defendant, B&B Shuttles, LLC
d/b/a B&B Transportation consisted of, but is not limited to, the following acts and omissions:
A. Failure to implement and adopt proper policies and procedures;
B. Failure to institute proper procedures to inspect the vehicles prior to their use on
the highways of Texas to insure that they are clean, and that all safety equipment
and/or warning equipment are in place, working properly, and do not have any
broken, defective, or missing parts;
C. Failure to communicate the appropriate information to Defendant Wilson

regarding proper procedures to drive in dark and crowded conditions such as what
were in place on the night of the event;
D. Failure to communicate the appropriate information to Defendant Wilson

regarding proper driving speed for the location such as where the event occurred;
E. Failure to require Defendant, Gabriela Wilson to comply with the Texas

Transportation Code; and
F. Such other and further acts of negligence as made be shown in the trial of this
case.
Negligent Hiring and Training
out at length.
Defendant, B&B Shuttles, LLC d/b/a B&B Transportation is responsible for Defendant,
Gabriela Wilsons conduct under negligent hiring and retention. Defendant, B&B Shuttles, LLC
d/b/a B&B Transportation owed a duty of care to take steps to prevent injury to the driving
public by determining the competency of Defendant, Gabriela Wilson to drive one of its party
buses, adequately supervising that driver, and adequately exercising control over that driver and

her driving habits. The reason for this duty of care is to promote safety and prevent motor vehicle
accidents.
Defendant, B&B Shuttles, LLC d/b/a B&B Transportation violated this duty of care by
hiring and retaining Defendant, Gabriela Wilson to operate on of its party buses thereby creating
an unreasonable risk of harm to others on the roadway. Defendant, B&B Shuttles, LLC d/b/a
B&B Transportation also violated this duty of care by negligently supervising and failing to
control the driving habits of Defendant, Gabriela Wilson.
Defendant, B&B Shuttles, LLC d/b/a B&B Transportation committed negligent acts
and/or omissions in the hiring of Defendant, Gabriela Wilson, including but not limited to the
following:
A. Failure to conduct a reasonable and adequate interview of Defendant Driver as a

potential employee;
B. Failure to properly follow up on information not provided by Defendant Driver in

the interview process;
C. Failure to conduct a proper employment and background check;
D. Failure to sufficiently investigate Defendant Driver's training, prior employment,

criminal record, and past;
E. Failure to perform the required screening, testing, and physical of Defendant

Driver;
F. Failure to adopt proper policies and procedures regarding the interview of a

potential employee who will be driving a charter bus in the State of Texas; and/or
G. Such other and further acts of negligence as may be shown in the trial of this
Defendant, B&B Shuttles, LLC d/b/a B&B Transportation committed negligent acts
and/or omissions in the training of Defendant Driver, including but not limited to the following:
A. Failure to explain and demonstrate its safety policies and procedures to Defendant Driver;

B. Failure to conduct safety meetings and/or safety instruction of its employees including
Defendant Driver;
C. Failure to require attendance at any safety meetings and/or training;
D. Failure to provide the necessary training to Defendant Driver regarding bus driving, bus
safety, safety classes, how to properly and safely drive an charter bus, how to perform a
proper pre-trip and post-trip inspection, how to maintain a proper lookout, how to
properly brake a vehicle, the proper method to maintain a vehicle, the proper way and
the necessity of keeping a vehicle in proper working order, and in all matters regarding
the proper and safe operation of a charter bus and the maintenance of a charter bus in
various situations;
E. Failure to properly train its drivers regarding proper braking of a vehicle, the importance
of a proper lookout for pedestrians on the roads, especially when driving in a crowded
area at night;
F. Failure to properly train its drivers regarding all aspects of driver safety;
G. Failure to train its employees, including Defendant Driver, regarding safe and proper
operation of a charter bus, safe and proper lookout, safe and proper operation of a charter
bus such as a person and/or company of ordinary care would have done in the same or
similar circumstances;
H. Failure to provide and/or require regular follow-up driver education and training;
I. Failure to train its employees and Defendant Driver regarding the proper policies and
procedures for documenting pre and post-trip inspections and maintaining documentation
required by the company;
J. Failure to train Defendant Driver regarding maintaining a proper lookout and proper
braking procedures in certain situations, including the situation in which Defendant
Driver found herself in at the time of the collision in question; and/or
K. Such other and further acts of negligence as may be shown in the trial of this cause as
discovery progresses.
Defendant B&B Shuttles, LLC d/b/a B&B Transportation committed negligent acts
and/or omissions in the supervision, retention and monitoring of Defendant Driver, including but
not limited to the following:
A. Failure to monitor Defendant Driver to make sure that she was complying with
policies and procedures;

B. Failure to interview and test Defendant Driver to make sure she had read and was
familiar with, understood, and followed the company policies and procedures;
C. Failure to implement proper policies and procedures for its employees, including
Defendant Driver, regarding driver safety and vehicle safety;
D. Failure to document attendance and topics discussed at any safety meetings and/or
courses or instruction;
E. Failure to require attendance at any safety meetings or instruction;
F. Failure to discipline, supervise, remedy, and train Defendant Driver after she
received citations;
G. Failure to train, reprimand, supervise, and remedy any deficiencies in Defendant

Driver as a driver;
H. Failure to monitor and document the number of accidents, moving violations,

speed of a particular violation, and fault of a violation and/or accident involving
Defendant Driver;
I. Failure to document and make a determination regarding fault in the accident

J. Failure to document and make a determination regarding fault in the accident

K. Failure to require and document pre-trip inspections;
L. Failure to require and document post-trip inspections;
M. Failure to supervise, train, correct, and reprimand Defendant Driver for the
regular failure to document pre and post-trip inspections;
N. Failure to train, supervise, reprimand, and remedy Defendant Driver's conduct in

conducting a deficient pre and post-trip inspection following her citations and
receipt of violations by the Department of Public Safety (DPS) on prior
occasions and for having numerous violations of her vehicle;
O. Failure to supervise Defendant Driver to insure that she was keeping the vehicle
properly maintained and in good operating condition;
P. Failure to properly document citations, moving violations, accidents, and

violations of policy by Defendant Driver and/or other employees;

Q. Failure to conduct regular and required reviews of Defendant Driver's
performance;
R. Failure to require and maintain records of violations by Defendant Driver;
S. Failure to require and maintain necessary daily documentation;
T. Failure to create and maintain a driver qualification file on Defendant Driver;
U. Failure to require Defendant Driver to comply with the Texas and Federal Motor
Carrier Safety Regulations, the Texas Commercial Motor Vehicle Driver's
Handbook, and the Texas Transportation Code; and/or
V. Such other and further acts of negligence as may be shown in the trial of this
The negligence of Defendant, B&B Shuttles, LLC d/b/a B&B Transportation in hiring,
retaining, failing to supervise, and failing to control Defendant, Gabriela Wilson was a proximate
cause of the injuries and damages suffered by Plaintiffs, for which they now sue.
Respondeat Superior
out at length.
Gabriela Wilson was within the course and scope of employment for Defendant B&B Shuttles,
LLC d/b/a B&B Transportation.
Gabriela Wilson was engaged in the furtherance of Defendant B&B Shuttles, LLC d/b/a B&B
Transportation's business.
Gabriela Wilson was engaged in accomplishing a task for which Gabriela Wilson was employed.
Plaintiffs invoke the doctrine of Respondeat Superior as against Defendant B&B Shuttles,

LLC d/b/a B&B Transportation.
Negligent Entrustment
out at length.
On October 28, 2016, Defendant B&B Shuttles, LLC d/b/a B&B Transportation owned
the vehicle operated by Gabriela Wilson.
Defendant B&B Shuttles, LLC d/b/a B&B Transportation entrusted the vehicle to
Gabriela Wilson, a reckless and incompetent driver.
Defendant B&B Shuttles, LLC d/b/a B&B Transportation knew, or through the exercise
of reasonable care should have known, that Gabriela Wilson was a reckless and incompetent
driver.
As described herein, Gabriela Wilson was negligent on the occasion in question.
Gabriela Wilson's negligence was the proximate cause of Plaintiffs' damages.
Gross Negligence
out at length.
Defendant B&B Shuttles, LLC d/b/a B&B Transportation's conduct described herein
constitutes gross negligence in that Defendant B&B Shuttles, LLC d/b/a B&B Transportation's
business continuous violations the Federal Motor Carrier Safety Regulations.
Defendant B&B Shuttles, LLC d/b/a B&B Transportation had actual awareness of the
risk of a collision as a result of its failures to abide by the Federal Motor Carrier Safety
Regulations but nonetheless proceeded with conscious indifference to continue operations in a
manner that violated the Federal Motor Carrier Safety Regulations.

This gross negligence of Defendant B&B Shuttles, LLC d/b/a B&B Transportation was a
proximate cause of the injuries and damages to Plaintiffs.
PLAINTIFFS CLAIMS AGAINST BRANDON BURLESON
Negligence and Gross Negligence
out at length.
At the time of the occurrence of the incident subject to this suit, Brandon Burleson was
the owner and/or manager of B&B Shuttles, LLC d/b/a B&B Transportation, Skyline Party Bus
Co., LLC, and Burleson SMTX Properties, LLC. Mr. Burleson was personally involved in the
transaction between the Defendant fraternities in leasing the property subject to this suit for the
event as well as proving party buses to shuttle attendees to and from the event.
Mr. Burleson was at the event in question and spoke to police officers who were called to
the premises after receiving numerous complaints from neighbors of the property. When the
police officers spoke to Mr. Burleson at the event, the police officers informed Mr. Burleson that
there was inadequate security at the event, including at the bar area and that there was underage
drinking occurring. Mr. Burlesons response to the police officers was indifference.
At all times pertinent herein, Defendant, Burleson was guilty of negligent conduct toward
the Plaintiff in:
A. Failing to provide a safe place and surface on which to walk near the
gravel drive;
B. Failing to provide a wide lane for automobiles, specifically buses, such as

those that were driving on the property, to drive on the property;
C. Failing to keep the property adequately lit;
D. Failing to provide driving lane and pedestrian walk free from dangerous
conditions;

E. Failing to ensure adequate security;
F. Failing to ensure that no underage drinking occurred on the premises;
G. Failing to ensure safe driving of the party buses; and
H. Failing to ensure the safety of the attendees of the event.
PLAINTIFFS' CLAIMS AGAINST GABRIELA WILSON
Negligence and Gross Negligence
out at length.
Defendant Gabriela Wilson had a duty to exercise the degree of care that a reasonably
careful person would use to avoid harm to others under circumstances similar to those described
herein.
Plaintiffs' injuries were proximately caused by Defendant Gabriela Wilsons negligent,
careless and reckless disregard of said duty.
The negligent, careless and reckless disregard of duty of Defendant Gabriela Wilson
consisted of, but is not limited to, the following acts and omissions:
A. In that Defendant Gabriela Wilson failed to keep a proper lookout for

Plaintiffs' safety that would have been maintained by a person of ordinary
prudence under the same or similar circumstances;
B. In that Defendant Gabriela Wilson failed to yield to Jordin Emily Taylor

as a person of prudent care would have done;
C. In that Defendant Gabriela Wilson failed to turn her motor vehicle in an

effort to avoid the collision complained of;
D. In that Defendant Gabriela Wilson failed to keep such distance away from
Jordin Emily Taylor, as a person using ordinary prudent care would have
done;
E. In that Defendant Gabriela Wilson was operating its motor vehicle at a

rate of speed which was greater than that would have been operated by a
person of ordinary prudence under the same or similar circumstances; and
F. In that Defendant Gabriela Wilson failed to apply her brakes to her motor
vehicle.
Jordin Emily Taylors injury and death resulted from Gabriela Wilsons gross negligence,
which entitles Plaintiff to exemplary damages under Texas Civil Practice & Remedies Code,
section 41.003(a).
PLAINTIFFS' CLAIMS AGAINST VCD SAN MARCOS RIVER, LLC
Premise Liability
out at length.
At all times mentioned herein, Defendant VCD San Marcos River, LLC owned the
property in question, Cool River Ranch.
At all times mentioned herein, Defendant had such control over the premises in question
that Defendant owed certain duties to Plaintiff, the breach of which proximately caused the
injuries set forth herein.
On or about October 28, 2016, Jordan Taylor was an Invitee on the premises owned by
the Defendant when Jordan Taylor was injured and killed on Defendants property as a result of
Defendants conduct.
Defendant, VCD San Marcos River, LLC owed Plaintiff a duty to exercise ordinary care
to keep the premises in reasonably safe condition and repair any defects or give an adequate
warning of any dangers.
Defendant, VCD San Marcos River, LLC, Defendants agents, servants, and employees
negligently permitted or willfully allowed such aforementioned dangerous conditions to continue

and negligently or willfully failed to warn Plaintiff of the dangerous conditions of the property,
specifically the gravel drive. These dangerous conditions existed despite the fact that Defendant,
VCD San Marcos River, LLC or Defendants agents, knew or should have known of the
existence of the dangerous conditions and that there was likelihood of a person being injured.
At all times pertinent herein, Defendant, VCD San Marcos River, LLC was guilty of
negligent conduct toward the Plaintiff in:
gravel drive;

conditions;
E. Failing to provide adequate security; and
F. Failing to ensure that no underage drinking occurred on the premises.
Negligent Activity on Premises
out at length.
On the date that Jordan Taylor was injured, Defendant was conducting or permitting the
following to occur on Defendant's premises.
A. severely inadequate security, which consisted of a few pledges of the above
Defendants;
B. severely inadequate security over the alcohol that was served by the Defendants;
serving Jordan Taylor, who was under the age of 21, alcohol at the event,
C. Engaging, encouraging, and supporting others to engage in activities which

constituted violations of the Texas Alcoholic Beverage Code;
D. Failing to supervise the fraternity activities or pledges;
E. Failing to properly monitor the safety and welfare of the attendees of the event
hosted by the defendants;
F. allowing reckless and unsafe conditions to exist at the event, such as allowing
buses to drive recklessly through crowds of intoxicated persons in the poorly lit
event premises with little to no security to ensure safety of the attendees;
G. allowing a large number of persons to be on the property with inadequate security,
supervision, or safety precautions;
H. allowing buses to be driven recklessly through crows of intoxicated persons on
the premises; and
I. Allowing the premises to be poorly lit on the motor vehicle gravel path although
that path was also used by pedestrians.
Defendant failed to conduct such activity in a safe and reasonable manner, a manner
which created or perpetuated a danger to Jordan Taylor and others.
Jordan Taylor was injured by or as a result of the negligent conduct the negligent,
careless or reckless acts and omissions of Defendant VCD San Marcos River, LLC.
Premises Defect
out at length.
On the date Jordan Taylor was injured, a dangerous condition existed on the Defendant's
premises which was a proximate cause of the injuries.
On the date Jordan Taylor was injured, an additional dangerous condition existed on the

Defendant's premises which was an additional proximate cause of the injuries, specifically the
buses picking up and dropping off attendees at the event located on the premises had a very
narrow path to drive along, and said path was not properly lit for attendees or bus drivers to have
proper vision of one another.
The Defendant had actual or constructive knowledge of the conditions just described on
Defendants' premises.
The condition just described posed an unreasonable risk of harm to Jordan Taylor and
others in that there was such a probability of a harmful event occurring that a reasonably prudent
person would have foreseen that the event that did occur or some similar event was likely to
happen.
The Defendant did not exercise reasonable care to reduce or eliminate the risk.
The negligent, careless or reckless acts and omissions of Defendant VCD San Marcos
River, LLC consisted of one or more of the following:
A. Defendant failed to provide adequate lighting of the area in question;
B. Defendant failed to provide necessary and proper procedures;
C. Defendant failed to properly maintain and inspect said property;
D. Defendant failed to use due care in the design of the property and drive
way; and
E. Defendant failed to warn Jordan Taylor of the unsafe conditions.
Negligence
out at length.
Defendant owed Jordan Taylor and others similarly situated the duty use ordinary care in
not placing her in harms way;

A. use ordinary care in aiding or protecting her from peril when the peril is under
Defendants control;
B. take affirmative action to control or avoid increasing the danger from conduct
which has been partially created by Defendants;
C. exercise reasonable care to avoid a foreseeable risk to the injury of others;
D. use ordinary care to not injure or allow injury to another willfully, wantonly, or
through gross negligence;
E. provide a safe environment for the invitees of the event hosted by Defendants;
F. provide proper security to its attendees to protect them while at the event.
Defendants breached said duty by:
G. providing severely inadequate security, which consisted of a few pledges of the

above Defendants;
H. providing severely inadequate security over the alcohol that was served by the
Defendants; serving Jordan Taylor, who was under the age of 21, alcohol at the
event;
I. Engaging, encouraging, and supporting others to engage in activities which

J. Failing to supervise the fraternity activities or pledges;
K. Failing to educate the fraternity members and pledges;
L. Failing to properly monitor, supervise, control and regulate fraternity-sponsored

activities such as the event subject to this suit;
M. Failing to properly train, educate, inform, monitor, and supervise fraternity

chapter advisors participating in the planning and hosting of the event subject to
this suit;
N. Failing to properly monitor the safety and welfare of the attendees of the event
O. allowing reckless and unsafe conditions to exist at the event, such as allowing
event premises with little to no security to ensure safety of the attendees; and
P. failing to educate chapters, members, and/or pledges of the rules and appropriate
measures to be taken for hosting events to ensure the safety of the attendees,

including preventing harmful and dangerous activities such as underage drinking,
and inadequate security.
The acts and/or omissions of Defendants described herein above which Defendants
breached such duty constitute a proximate cause of the damages of Plaintiff for which
Defendants are liable.
PLAINTIFFS' CLAIMS AGAINST BURLESON SMTX PROPERTIES, LLC
Premise Liability
out at length.
At all times mentioned herein, Defendant Burleson SMTX Properties, LLC leased and/or
managed the property in question, Cool River Ranch.
At all times mentioned herein, Defendant Burleson SMTX Properties, LLC had such
control over the premises in question that Defendant Burleson SMTX Properties, LLC owed
certain duties to Plaintiff, the breach of which proximately caused the injuries set forth herein.
On or about October 28, 2016, Jordan Taylor was an Invitee on the premises owned by
the Defendant when Jordan Taylor was injured and killed on Defendants property as a result of
Defendants conduct.
Defendant, Burleson SMTX Properties, LLC owed Plaintiff a duty to exercise ordinary
care to keep the premises in reasonably safe condition and repair any defects or give an adequate
warning of any dangers.
Defendant, Burleson SMTX Properties, LLC, Defendant's agents, servants, and
employees negligently permitted or willfully allowed such aforementioned dangerous conditions
to continue and negligently or willfully failed to warn Plaintiff of the dangerous conditions of the
property, specifically the gravel drive. These dangerous conditions existed despite the fact that

Defendant, Burleson SMTX Properties, LLC or Defendant's agents, knew or should have known
of the existence of the dangerous conditions and that there was likelihood of a person being
injured.
At all times pertinent herein, Defendant, Burleson SMTX Properties, LLC was guilty of
negligent conduct toward the Plaintiff in:
gravel drive;

conditions;
E. Failing to provide adequate security; and
F. Failing to ensure that no underage drinking occurred on the premises.
Negligent Activity on Premises
out at length.
On the date that Jordan Taylor was injured, Defendant was conducting or permitting the
following to occur on Defendant's premises.
J. severely inadequate security, which consisted of a few pledges of the above
Defendant;
K. severely inadequate security over the alcohol that was served by the Defendant;
serving Jordan Taylor, who was under the age of 21, alcohol at the event,
L. Engaging, encouraging, and supporting others to engage in activities which

M. Failing to supervise the fraternity activities or pledges;
N. Failing to properly monitor the safety and welfare of the attendees of the event
hosted by the defendant;
O. allowing reckless and unsafe conditions to exist at the event, such as allowing
P. allowing a large number of persons to be on the property with inadequate security,
supervision, or safety precautions;
Q. allowing buses to be driven recklessly through crows of intoxicated persons on
the premises; and
R. Allowing the premises to be poorly lit on the motor vehicle gravel path although
that path was also used by pedestrians.
Defendant failed to conduct such activity in a safe and reasonable manner, a manner
which created or perpetuated a danger to Jordan Taylor.
Jordan Taylor was injured and killed by or as a result of the negligent, careless or
reckless acts and omissions of Defendant Burleson SMTX Properties, LLC.
Premises Defect
out at length.
On the date Jordan Taylor was injured, a dangerous condition existed on the Defendant's
premises which was a proximate cause of the injuries, specifically there was
On the date Jordan Taylor was injured, an additional dangerous condition existed on the
Defendant's premises which was an additional proximate cause of the injuries, specifically the

property w
The Defendant had actual or constructive knowledge of the conditions just described on
Defendants' premises.
The condition just described posed an unreasonable risk of harm to Jordan Taylor and
others in that there was such a probability of a harmful event occurring that a reasonably prudent
person would have foreseen that the event that did occur or some similar event was likely to
happen.
The Defendant did not exercise reasonable care to reduce or eliminate the risk.
The negligent, careless or reckless acts and omissions of Defendant Burleson SMTX
Properties, LLC consisted of one or more of the following:
A. Defendant failed to provide adequate lighting of the area in question;
B. Defendant failed to properly maintain and inspect said property;
C. Defendant failed to use due care in the design of the property, specifically
the gravel drive; and
D. Defendant failed to warn Jordan Taylor of the unsafe conditions.
Negligence
out at length.
Defendant owed Jordan Taylor and others similarly situated the duty use ordinary care in
not placing her in harms way;
A. use ordinary care in aiding or protecting her from peril when the peril is under
Defendants control;
B. take affirmative action to control or avoid increasing the danger from conduct

which has been partially created by Defendant;
C. exercise reasonable care to avoid a foreseeable risk to the injury of others;
D. use ordinary care to not injure or allow injury to another willfully, wantonly, or
E. provide a safe environment for the invitees of the event hosted by Defendant; and
F. provide proper security to its attendees to protect them while at the event.
Defendant breached said duty by:
A. providing severely inadequate security, which consisted of a few pledges of the
above Defendants;
B. providing severely inadequate security over the alcohol that was served by the
Defendant; serving Jordan Taylor, who was under the age of 21, alcohol at the
event,
C. Engaging, encouraging, and supporting others to engage in activities which
D. Failing to supervise the fraternity activities or pledges;
E. Failing to educate the fraternity members and pledges;
F. Failing to properly monitor, supervise, control and regulate fraternity-sponsored
G. Failing to properly train, educate, inform, monitor, and supervise fraternity
this suit;
H. Failing to properly monitor the safety and welfare of the attendees of the event

I. allowing reckless and unsafe conditions to exist at the event, such as allowing
J. failing to educate chapters, members, and/or pledges of the rules and appropriate
measures to be taken for hosting events to ensure the safety of the attendees,
including preventing harmful and dangerous activities such as underage drinking,
and inadequate security.
The acts and/or omissions of Defendant described herein above which Defendants
PLAINTIFFS CLAIMS AGAINST NATIONAL FRATERNITIES AND THEIR LOCAL

CHAPTERS
Negligence
out at length.
Defendants, Alpha Tau Omega, Alpha Tau Omega Iota Alpha Chapter, Pi Kappa Alpha,
Pi Kappa Alpha Zeta Theta Chapter, Kappa Alpha Order, Kappa Alpha Order Epsilon Iota
Chapter, Delta Tau Delta, Delta Tau Delta Zeta Delta Chapter, Corbin Cornwell, Ryan Goodrum,
Jon Galvan, Tanner Smith, and Tyler Kallus owed a duty to Jordan Taylor to:
A. use ordinary care in not placing her in harms way;
B. use ordinary care in aiding or protecting her from peril when the peril is under

Defendants control;
C. take affirmative action to control or avoid increasing the danger from conduct
which has been partially created by Defendants;
D. exercise reasonable care to avoid a foreseeable risk to the injury of others;
E. use ordinary care to not injure or allow injury to another willfully, wantonly, or
F. provide a safe environment for the invitees of the event hosted by Defendants;
and
G. provide proper security to its attendees to protect them while at the event.
Defendants breached said duty by:
S. providing severely inadequate security, which consisted of a few pledges of the
above Defendants;
T. providing severely inadequate security over the alcohol that was served by the
Defendants; serving Jordan Taylor, who was under the age of 21, alcohol at the
event,
U. Engaging, encouraging, and supporting others to engage in activities which
V. Failing to supervise the fraternity activities or pledges;
W. Failing to educate the fraternity members and pledges;
X. Failing to properly monitor, supervise, control and regulate fraternity-sponsored
Y. Failing to properly train, educate, inform, monitor, and supervise fraternity

this suit;
Z. Failing to properly monitor the safety and welfare of the attendees of the event
AA. allowing reckless and unsafe conditions to exist at the event, such as
allowing buses to drive recklessly through crowds of intoxicated persons in the
poorly lit event premises with little to no security to ensure safety of the
attendees;
BB. failing to educate chapters, members, and/or pledges of the rules and
appropriate measures to be taken for hosting events to ensure the safety of the
attendees, including preventing harmful and dangerous activities such as underage
drinking, and inadequate security.
The acts and/or omissions of Defendants described herein above which Defendants
Negligence Per Se
out at length.
Defendants are liable under Texas Alcoholic Beverage Code 2.02(b) and 32.11 for
selling and/or serving alcoholic beverages to persons under the age of 21 and also serving
alcoholic beverages without a permit which proximately caused the injury and death of Jordan
Taylor. Defendants, including the members of the Fraternities are liable individually and under
the doctrine of respondeat superior.

Defendants are viariously liable for the acts of its/their agents that injured Jordan Taylor
which the agents committed on behalf of Defendants who approved the acts by word, act,
conduct, and/or a continuing course of conduct after acquiring full knowledge of the act or
continuing course of conduct, and Defendants implicit or explicit approval was given with the
intention of giving validity to the agents acts.
Gross Negligence
out at length.
Plaintiffs injuries resulted from Defendants gross negligence, which entitle plaintiffs to
exemplary damages under Texas Civil Practice & Remedies Code section 41.003(a).
Vicarious Liability
out at length.
The Fraternity Defendants are liable for the negligent and grossly negligent acts and/or
omissions of the local chapters, officers, members, agents, employees, alumni, and/or
representatives of the Fraternities as these chapters, officers, members, agents, employees,
alumni, and/or representatives failed to exercise the ordinary care of a reasonably prudent person
under the same or similar circumstances.
PLAINTIFFS CLAIMS FOR PARTICIPATORY LIABILITY AGAINST ALL

DEFENDANTS
out at length.
All Defendants knew that the conduct of some or all of the other Defendants conduct

constituted a tort or wrongful act against the plaintiff, however each Defendant contributed to the
tort or wrongful act by allowing for the
PLAINTIFFS CLAIM FOR DAMAGES FOR WRONGFUL DEATH BY FREDDIE

JOEY TAYLOR, JR., AS SURVIVING PARENT OF JORDIN EMILY TAYLOR,
DECEASED AGAINST ALL DEFENDANTS
out at length.
This claim for damages resulting from the wrongful death of Jordin Emily Taylor,
hereinafter called "the decedent" is brought by Freddie Joey Taylor, Jr., surviving father,
pursuant to Texas Civil Practice and Remedies Code, 71.001 et. seq. This claim is based upon
the facts and legal theories more fully set out herein.
At the time of death, the decedent was in reasonably good health with a normal life
expectancy.
The decedent was a loving and dutiful child and provided reasonable services to parent.
Decedent also provided parent with joy, happiness and anticipation of all the pleasures that a
child can provide to parent, as well as the anticipation of care, counsel, advice, nurture, guidance
and affection both to and for parent in the future.
Defendants wrongful acts, negligence, carelessness, and unskillfulness resulted in Jordin
Emily Taylors death.
As a result of the wrongful death of Jordin Emily Taylor, parent has suffered damages in
the past, including termination of the parent-child relationship and severe mental anguish, and
will, in reasonable probability, continue to suffer damages in the future as a direct result of the
wrongful death of Jordin Emily Taylor in an amount within the jurisdictional limits of the court.
PLAINTIFFS SURVIVORSHIP CLAIM AGAINST ALL DEFENDANTS

out at length.
Defendants wrongful acts, negligence, carelessness, and unskillfulness resulted in Jordin
Emily Taylors death. Moreover, her father, Plaintiff in this lawsuit, also suffered damages.
Consequently, Plaintiff seeks the following damages:
a) Physical Pain and Mental Anguish: Jordin Emily Taylor suffered terror
immediately before the collision and endured several minutes of excruciating
conscious physical pain, emotional pain, torment, and suffering before her death;
b) Funeral and Burial Expenses: Jordin Emily Taylor died as a result of her injuries
and her family incurred expenses for her funeral and burial;
c) Pecuniary Loss: Plaintiff seeks the loss of care, maintenance, support, services,
advice, counsel, and reasonable pecuniary contributions;
d) Loss of Companionship and Society: Plaintiff seeks damages for the loss of
positive benefits flowing from the love, comfort, companionship, and society that
Plaintiff would have both received from Jordin Emily Taylor had she lived and
that, in reasonable probability, will sustain in the future;
e) Mental Anguish for Plaintiffs: Plaintiff seeks relief for emotional pain, torment,
and suffering caused by the death of Jordin Emily Taylor in the past and in the
future; and
f) Punitive Damages: Plaintiff seeks to punish Defendants for their irresponsible
behavior and request the jury award a fair amount of punitive damages.
All conditions precedent to Plaintiffs right to recover the relief sought herein have

occurred or have been performed.
Plaintiff seeks damages within the jurisdictional limits of this court.
EXEMPLARY DAMAGES
out at length.
Defendant Skyline Party Bus Co., LLC's acts or omissions described above, when viewed
from the standpoint of Defendant Skyline Party Bus Co., LLC at the time of the act or omission,
involved an extreme degree of risk, considering the probability and magnitude of the potential
harm to Plaintiffs and others. Defendant Skyline Party Bus Co., LLC had actual, subjective
awareness of the risk involved in the above described acts or omissions, but nevertheless
proceeded with conscious indifference to the rights, safety, or welfare of Plaintiffs and others.
Based on the facts stated herein, Plaintiffs request exemplary damages be awarded to
Plaintiffs from Defendant Skyline Party Bus Co., LLC.
Defendant Gabriela Wilson's acts or omissions described above, when viewed from the
standpoint of Defendant Gabriela Wilson at the time of the act or omission, involved an extreme
degree of risk, considering the probability and magnitude of the potential harm to Plaintiffs and
others. Defendant Gabriela Wilson had actual, subjective awareness of the risk involved in the
above described acts or omissions, but nevertheless proceeded with conscious indifference to the
rights, safety, or welfare of Plaintiffs and others.
Based on the facts stated herein, Plaintiffs request exemplary damages be awarded to
Plaintiffs from Defendant Gabriela Wilson.
Defendant VCD San Marcos River, LLC's acts or omissions described above, when
viewed from the standpoint of Defendant VCD San Marcos River, LLC at the time of the act or

omission, involved an extreme degree of risk, considering the probability and magnitude of the
potential harm to Plaintiff and others. Defendant VCD San Marcos River, LLC had actual,
subjective awareness of the risk involved in the above described acts or omissions, but
nevertheless proceeded with conscious indifference to the rights, safety, or welfare of Plaintiff
and others.
Based on the facts stated herein, Plaintiff requests exemplary damages be awarded to
Plaintiff from Defendant VCD San Marcos River, LLC.
Defendant Burleson SMTX Properties, LLC's acts or omissions described above, when
viewed from the standpoint of Defendant Burleson SMTX Properties, LLC at the time of the act
or omission, involved an extreme degree of risk, considering the probability and magnitude of
the potential harm to Plaintiff and others. Defendant Burleson SMTX Properties, LLC had
actual, subjective awareness of the risk involved in the above described acts or omissions, but
nevertheless proceeded with conscious indifference to the rights, safety, or welfare of Plaintiff
and others.
Based on the facts stated herein, Plaintiff request exemplary damages be awarded to
Plaintiff from Defendant Burleson SMTX Properties, LLC.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiffs, Freddie Joey Taylor, Jr.,
Individually and Freddie Joey Taylor, Jr., as Surviving Parent of Jordin Emily Taylor, Deceased,
respectfully pray that the Defendants be cited to appear and answer herein, and that upon a final
hearing of the cause, judgment be entered for the Plaintiffs against Defendants, jointly and
severally, for damages in an amount within the jurisdictional limits of the Court; exemplary
damages, as addressed to each Defendant per Section 41.006, Chapter 41, Texas Civil Practice

and Remedies Code, excluding interest, and as allowed by Sec. 41.008, Chapter 41, Texas Civil
Practice and Remedies Code, together with pre-judgment interest (from the date of injury
through the date of judgment) at the maximum rate allowed by law; post-judgment interest at the
legal rate, costs of court; and such other and further relief to which the Plaintiffs may be entitled
at law or in equity.
Respectfully submitted,
By: /s/ Jim R. Ross

Jim R. Ross
Texas Bar No. 24010362
Amy M. Lorenz
JIM ROSS LAW GROUP, P.C.

2301 E. Lamar Blvd.
Suite 175
Arlington, Texas 76006
Telephone: 817.275.4100
Facsimile: 817.275.4106
Email: litigation@jimrosslaw.com
David G. Pfeuffer
Brazle & Pfeuffer
170 E. San Antonio St.
New Braunfels, Texas 78130
830-629-8008
Fax 830-629-2161
Attorney for Plaintiffs

Freddie Joey Taylor, Jr., Individually and
Freddie Joey Taylor, Jr., as Surviving Parent
of Jordin Emily Taylor, Deceased
PLAINTIFFS HEREBY DEMAND TRIAL BY JURY

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FILED

PLAINTIFFS ORIGINAL PETITION

DISCOVERY CONTROL PLAN LEVEL

Plaintiffs intend that discovery be conducted under Discovery Level 3.

PARTIES AND SERVICE

Plaintiff, Freddie Joey Taylor, Jr., is an Individual who resides in Texas.

Jordin Emily Taylor, Deceased.

PLAINTIFFS ORIGINAL PETITION 1

Plaintiffs' claims are derived.

Defendant as described above can be effected by personal delivery.

Service of said Defendant as described above can be effected by personal delivery.

Service of said Defendant as described above can be effected by personal delivery.

effected by personal delivery.

Defendant Burleson SMTX Properties, LLC is a Limited Liability Company based in

of said Defendant as described above can be effected by personal delivery

PLAINTIFFS ORIGINAL PETITION 2

can be effected by personal delivery.

as described above can be effected by personal delivery.

Defendant as described above can be effected by personal delivery.

Service of said Defendant as described above can be effected by personal delivery.

PLAINTIFFS ORIGINAL PETITION 3

effected by personal delivery.

effected by personal delivery.

JURISDICTION AND VENUE

Plaintiffs seek monetary relief over $10,000,000.00.

have substantial contact with Texas.

Hays County or have their place of business in Hays County.

PLAINTIFFS ORIGINAL PETITION 4

ensure that no underage drinking occurred.

following morning when a mechanic found her body.

PLAINTIFFS ORIGINAL PETITION 5

other fraternity co-hosting it.

Theta Chapter would be hosting the event.

250 guests at the event.

the public, and an invitation to the event was posted on Facebook.

PLAINTIFFS ORIGINAL PETITION 6

without checking their identification to determine their age.

Bus Co., LLC managed.

the San Marcos River.

Defendant, Brandon Burleson, is the managing member of Burleson SMTX Properties,

PLAINTIFFS ORIGINAL PETITION 7

Jordins body was recovered the following morning.

and pick up attendees who were leaving the event.

was discovered the following afternoon.

PLAINTIFFS ORIGINAL PETITION 8

individuals at the event.

not his problem to deal with.

PLAINTIFFS ORIGINAL PETITION 9

fraternities were required to serve as security for the event.

PLAINTIFFS ORIGINAL PETITION 10

property as well as allowing for a dangerous activity to occur on the property.

Defendants, collectively, created a dangerous condition, which proximately caused Jordin

the night of the event.

PLAINTIFFS CLAIMS AGAINST SKYLINE PARTY BUS CO., LLC

negligent, careless and reckless disregard of said duty.

A. Failure to implement and adopt proper policies and procedures;

PLAINTIFFS ORIGINAL PETITION 11

D. Failure to communicate the appropriate information to Defendant Wilson

E. Failure to require Defendant, Gabriela Wilson to comply with the Texas

Negligent Hiring and Training

of care is to promote safety and prevent motor vehicle accidents.

PLAINTIFFS ORIGINAL PETITION 12

B. Failure to properly follow up on information not provided by Defendant Driver in

C. Failure to conduct a proper employment and background check;