FILED

TARRANT COUNTY
8/14/2020 11:38 PM
THOMAS A. WILDER
348-318681-20 DISTRICT CLERK
CAUSE NO. ______________

KRISTI ELLIS, AS NEXT FRIEND OF § IN THE DISTRICT COURT

A.D., A MINOR CHILD, §
§
Plaintiffs, §
§
v. §
§
§ OF TARRANT COUNTY, TEXAS
§
GATEWAY CHURCH, DENISE §
EDWARDS, LOGAN EDWARDS, §
KELLY JONES, DOUG VAUGHN, §
REBECCA WILSON, SAMANTHA §
GOLDEN, MONDO DAVIS, and SION §
ALFORD §
§ _________ JUDICIAL DISTRICT
Defendants. §

PLAINTIFF’S ORIGINAL PETITION, JURY DEMAND, AND REQUEST FOR

DISCLOSURE

NOW COME Plaintiffs complaining of Defendants Gateway Church, Denise Edwards,

Logan Edwards, Kelly Jones, Doug Vaughn, Rebecca Wilson, Samantha Golden, Mondo Davis,
and Sion Alford, and for cause of action would show the Court the following:

I. DISCOVERY CONTROL PLAN

1.01. As provided in Rule 190. 1 et. seq of the Texas Rules of Civil Procedure, Plaintiff
intends to conduct discovery under Level III.

II. PARTIES
2.01. Plaintiff Kristi Ellis (Kristi), is an individual and the mother of Plaintiff A.D., A
Minor Child, and is a resident of the State of Texas. The last three digits of Kristi’s driver’s
license are 428.

Plaintiffs’ Original Petition, Jury Demand, and Request for Disclosure Page 1 of 10
 2.02. Plaintiff A.D. (Plaintiff Doe), A Minor Child, is a resident of the State of Texas.
Plaintiff’s identity is known to Defendants.

2.03. Defendant Gateway Church (Gateway), is a Texas nonprofit corporation with its
primary place of business located in South Lake, Texas. It may be served by serving its
registered agent, David O. Middlebrook with citation and copy of this petition at 4501 Merlot
Avenue, Grapevine, Texas 76051 or wherever else it may be found.

2.04. Defendant Logan Edwards (Logan) is an individual and resident of Tarrant

County. Logan may be served with notice wherever he may be found or at his last known
address: 921 Pennsylvania Drive, Saginaw, Texas 76131.

2.05. Defendant Kathryn Edwards (Kathryn) is an individual and resident of Tarrant

County. Kathryn may be served with notice wherever she may be found or at her last known
address: 921 Pennsylvania Drive, Saginaw, Texas 76131.

2.06. Defendant Samantha Golden (Samantha) is an individual and ordained pastor of

Defendant Gateway, and resident of Tarrant County. Samantha may be served with notice
wherever she may be found or at his last known address: 9820 Crawford Farms, Fort Worth,
Texas 76244.

2.07. Defendant Sion Alford (Sion) is an individual and ordained pastor of Defendant
Gateway, and resident of Tarrant County. Sion may be served with notice wherever they may be
found or at their last known address: 2206 Prestwick Avenue, Trophy Club, Texas 76262.

2.08. Defendant Kelly Jones (Kelly) is an individual and ordained pastor of Defendant
Gateway, and resident of Tarrant County. Kelly may be served with notice wherever she may be
found or at her last known address: 2749 Cedar Ridge Lane, Fort Worth, Texas 76177.

2.09. Defendant Rebecca Wilson (Rebecca) is an ordained pastor of Defendant

Gateway, and resident of Tarrant County. Rabecca may be served with notice wherever she may
be found or at his last known address: 11089 Vista Ranch, Fort Worth, Texas 76179.

Plaintiffs’ Original Petition, Jury Demand, and Request for Disclosure Page 2 of 10
 2.10. Defendant Mondoe Davis (Mondoe) is an ordained pastor of Defendant Gateway,
and resident of Tarrant County. Mondoe may be served with notice wherever she may be found
or at his last known address: 240 Lakeview Court, Weatherford, Texas 76088.

III. VENUE AND JURISDICTION

3.01 Venue is proper in Tarrant County, Texas, pursuant to Section 15.002(a)(1) of the
Texas Civil Practice and Remedies Code because Tarrant County is the county where a
substantial part of the events or omissions giving rise to the claim occurred.

3.02 The damages sought in this suit are within the jurisdictional limits of this Court
and exceed the minimum required amount in controversy. As required by Rule 47, Texas Rules
of Civil Procedure, Plaintiff seeks monetary relief over $200,000 but not more than $5,000,000,
and exceeds the minimum jurisdictional limits of this Court.

IV. FACTS
4.01 Plaintiffs were members of the Gateway congregation. Both Plaintiffs frequently
attended worship services and participated in various ministries and church sponsored/organized
functions.

4.02. Plaintiff Doe was sexually assaulted by an unnamed member of Defendant

Gateway on or around March 14, 2018 at that individual’s personal residence.

4.03. Defendant Logan became aware of the instance of assault through conversations
with the alleged perpetrator and other youths that attended Gateway by virtue of his role as a
youth leader within the church. On or around March 19, 2018, Logan approached the alleged
perpetrator and conversed on the topic of the incidence of sexual assault.

4.04. Defendant Logan shared the information he had been provided by the youths,
alleged perpetrator and Plaintiff Doe with Plaintiff Kathryn and various other pastors of Gateway
and named Defendants.

4.05. Defendants Samantha, Sion, Kelly, Rebecca, and Mondoe were all informed of
the sexual assault accusations to which Plaintiff Doe subjected to as being the central leadership

Plaintiffs’ Original Petition, Jury Demand, and Request for Disclosure Page 3 of 10
of Gateway. Although Defendants were made aware of the sexual assault accusations made by
Plaintiff Doe, a minor, none filed a formal complaint with the necessary child protective
agencies, law enforcement agencies, or even alerted Kristi, Plaintiff Doe’s mother, to the
existence of the alleged assault.

4.06. The named Defendants engaged in many conversations with the alleged
perpetrator and their parents after the incident was made known.

4.07. Once Plaintiff Kristi was made aware of the allegations of assault to which her
daughter was a victim, she initiated a criminal investigation with the Haltom City Police
Department.

4.08. The Defendants who were ordained pastors of Gateway, embarked on a concerted
campaign to conceal, misconstrue and discredit the assault accusations while the active criminal
investigation was ongoing. Defendants encouraged other members of Gateway to ostracize
Plaintiff Kristi and had her removed from the various ministries of which she had served
dutifully.

4.09. As a result of the concerted efforts of Defendant Gateway as a collective entity

and individual acts of the named Defendants, Plaintiff Doe and Kristi endure immense shame
and embarrassment, and emotional distress. The criminal investigation was tainted by the
pastor’s influence and assistance rendered to perpetrator in shaping the narrative and testimony
provided to the investigating authorities.

4.10. Due to the weeks of active concealment by Defendants, significant evidence of

the alleged criminal assault was allowed to waste and degrade, further hindering law
enforcement’s ability to accurately investigate the original assault.

V. CAUSES OF ACTION

DEFENDANT GATEWAY

Failure to Use Reasonable Care

Plaintiffs’ Original Petition, Jury Demand, and Request for Disclosure Page 4 of 10
 5.01. Defendant Gateway had a duty to use reasonable care toward Plaintiff Doe.
Gateway breached its duty of care when it facilitated and furthered the alleged instance of sexual
assault of Plaintiff Doe.

5.02. Specifically, Gateway engaged in a practice of concealing knowledge and facts of

the alleged instance from Plaintiff Kristi after it had appraised of the incident. No formal
complaint was made to an appropriate agency to safeguard Plaintiff Doe or see to the proper
investigation and potential prosecution of the alleged perpetrator who was a member of the
congregation in spite of having full knowledge of the incident in question and the identities of all
individuals involved.

5.03. Gateway had a duty to report the alleged perpetrator’s conduct to law enforcement
imposed by Texas law and principles of common decency in the interest of minors. By failing to
do so, Gateway further enhanced the damage done to Plaintiff Doe and significantly hindered the
exercise of justice in her criminal proceeding.

Gross Negligence

5.04. Gateways actions and inactions amounting to negligence were of such character
to make Gateway guilty of gross negligence. When viewed objectively from the standpoint of
Defendant, Defendant Gateway’s acts of negligence involve an extreme degree of risk,
considering the probability and magnitude of the potential harm to others. Gateway had actual,
subjective awareness that failing to report sexual assault and continuing to allow the alleged
perpetrator to remain active in the church could result in further assault, but nevertheless
proceeded with conscious indifference to the rights, safety, and welfare of Plaintiff Doe. The
grossly negligent acts of Defendant Gateway were the proximate cause of Plaintiff Doe’s
unimaginable injuries, entitling Plaintiff Doe an award of exemplary damages.

Breach of Fiduciary Duty

5.05. Gateway breached a fiduciary duty it owed to its attendee Plaintiff Doe. Gateway
and Plaintiff Doe had a fiduciary relationship that arose from Plaintiff Doe’s morally and socially
created trust and confidence in Gateway’s influence and dominance. As a church, Plaintiffs

Plaintiffs’ Original Petition, Jury Demand, and Request for Disclosure Page 5 of 10
depended on Gateway for protection and became accustomed to being guided by its advice and
judgment.

5.06. Defendant Gateway breached its fiduciary duty owed to Plaintiffs in the following
respects:

a. Failing to refrain from self-dealing by concealing the abuse to protect its reputation;

b. Failing to fully disclose its knowledge of sexual assault to Plaintiff Kristi;

c. Failing to report the abuse to authorities to protect Plaintiff Doe from further abuse;
and,

d. Failing to act with integrity of the strictest kind.

Intentional Infliction of Emotional Distress

5.07. In addition to other counts, Defendants are liable to Plaintiff Doe for Intentional
Infliction of Emotional Distress. Given Defendants’ standing within the church and adopted trust
of Plaintiff Doe, the concealment and of sexual assault and battery of the Plaintiff constitute
extreme and outrageous conduct. Therefore, Defendants caused severe emotional distress to the
minor Plaintiff.

5.08. Plaintiff has suffered mental and physical injuries as a direct and proximate result
of the Defendants’ conduct.

Plaintiffs’ Original Petition, Jury Demand, and Request for Disclosure Page 6 of 10
 DEFENDANTS KATHRYN EDWARDS, LOGAN EDWARDS, KELLY JONES, DOUG
VAUGHN, REBECCA WILSON, SAMANTHA GOLDEN, MONDO DAVIS, and SION
ALFORD

Negligence

5.09. Defendants, as ordained pastors and appointed ministry leaders, had a duty to use
reasonable care towards Plaintiff Doe and other members of the congregation in reporting
instances of criminal activity toy the appropriate law enforcement entities.

5.10. Defendants breached this duty by engaging in the following actions:

a. Failing to contribute to a safe environment for children and members of the

church;

b. Failing to report the abuse to authorities to protect Plaintiff Doe from further
abuse; and

b. Failing to fully disclose its knowledge of sexual assault to Plaintiffs;

Gross Negligence

5.11. The above-mentioned acts of negligence on the part of Defendants were of such
character as to make Defendants guilty of gross negligence. Defendants’ acts of negligence when
viewed objectively from the standpoint of Defendants involved an extreme degree of risk,
considering the probability and magnitude of the potential harm to others. Defendants had actual,
subjective awareness of this risk, but nevertheless proceeded with conscious indifference to the
rights, safety, and welfare of Plaintiffs. As a result of Defendants’ gross negligence, Plaintiffs
seek and are entitled to an award of exemplary damages.

Intentional Infliction of Emotional Distress

5.12. In addition to other counts, Defendants are liable to Plaintiff Doe for Intentional
Infliction of Emotional Distress. Given Defendants’ standing within the church and adopted trust
of Plaintiff Doe, the concealment and of sexual assault and battery of the Plaintiff constitute

Plaintiffs’ Original Petition, Jury Demand, and Request for Disclosure Page 7 of 10
extreme and outrageous conduct. Therefore, Defendants caused severe emotional distress to the
minor Plaintiff.

5.13. Plaintiff has suffered mental and physical injuries as a direct and proximate result
of the Defendants’ conduct.

Conspiracy

5.14. Defendants collectively and independently engaged in a concerted effort to

conceal the sexual assault accusations in an agreed upon undertaking to subvert the accusations
and avoid criminal investigation which would put their congregation in a precarious position
with the community in which it exists.

5.15. This effort was agreed upon after a meeting of minds, and many of the
Defendants made overt acts to see that criminal prosecution would be precluded or substantially
hindered.

5.16. Plaintiffs have suffered immensely from the aforementioned concerted effort.

VI. DAMAGES

6.01. Defendants’ misconduct resulted in and proximately caused injury to the minor
Plaintiff. Plaintiff’s damages include, but are not limited to, the following:

a. Physical pain sustained in the past;

b. Severe psychological pain and mental anguish;

c. Severe psychological pain and mental anguish that, in reasonable probability, will be
sustained in the future;

d. Emotional distress sustained in the past;

e. Emotional distress that, in reasonable probability, will be sustained in the future; and,

f. Medical expenses that, in reasonable probability, will be sustained in the future.

Plaintiffs’ Original Petition, Jury Demand, and Request for Disclosure Page 8 of 10
 VII. Exemplary Damages

7.01. As mentioned in the proceeding paragraphs, Defendants’ actions and refusal to act
were done in a blatant manner, grossly disregarding the welfare of minor Plaintiff Doe and
Plaintiff Kristi. For this reason, Plaintiffs seek exemplary damages as the court sees fit to award.

VII. Interest

Plaintiff seek prejudgment and post-judgment interest at the maximum legal rate on all
damage awards.

VIII. Attorney's Fees and Costs

Plaintiff seek judgment for all reasonable and necessary attorney’s fees and costs,
pursuant to Chapter 38 of the Texas Civil Practice and Remedies Code, which will be incurred in
the prosecution of this action, including conditional awards in the event of new trial or any
appeals.
IX. Conditions Precedent

Plaintiff has met all conditions precedent for the plead claims in this petition.

X. Alternative Pleadings

As provided in Rule 48 of the Texas Rules of Civil Procedure, claims for relief made in
this Petition are presented in the alternative when necessary to preserve such claim.

XI. Request for Disclosure

Pursuant to Texas Rule of Civil Procedure 194, Plaintiffs request Defendants to disclose,
within fifty (50) days of service of this request, all of the information or material described in
Rule 194.2 (a) - (l) of the Texas Rules of Civil Procedure.

PLAINTIFFS HEREBY DEMANDS TRIAL BY JURY

Plaintiff demands a jury trial and tender the appropriate fee.

PRAYER

Plaintiffs’ Original Petition, Jury Demand, and Request for Disclosure Page 9 of 10
 WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that citation be issued
commanding Defendants to appear and answer herein and that Plaintiffs be awarded judgment
against Defendants for the relief requested herein and for all other relief to which Plaintiff are
entitled both in equity and at law.

Respectfully submitted,
Steven W. Wright, PLLC
2000 N. Central Expy
Suite 200
Plano, TX 75074

_______________________________________
Steven W. Wright
Attorney for: Plaintiff
Bar no: 24095640
Phone: (469) 562-4000
Fax: (469) 562-4463
Email: [email protected]

Plaintiffs’ Original Petition, Jury Demand, and Request for Disclosure Page 10 of 10
 CAUSE NO. 348-318681-20

KRISTI ELLIS, AS NEXT FRIEND § IN THE DISTRICT COURT OF

OF A.D., A MINOR CHILD, §
Plaintiffs §
§ TARRANT COUNTY, TEXAS
v. §
§
GATEWAY CHURCH, §
Defendants § 348TH JUDICIAL DISTRICT
FINAL SUMMARY JUDGMENT

CAME ON THIS D A T E , M 5 , ~ t o be heard Defendant Gateway Church's

No Evidence and Traditional Motions for Summary Judgment. The parties appeared before the

Court for the hearing on the motion. After considering the pleadings, motion, response, if any,

evidence on file, and the arguments of counsel and the parties, the Court GRANTS the motions in

their entirety.

The Court here RENDERS judgment in favor of Gateway Church.

Accordingly, the Court ORDERS that the plaintiff take nothing and that the defendant

recover court costs from the plaintiff.

This judgment finally disposes of all claims and parties and is appealable.

The Court orders execution to issue for this judgment.

Signed on =cP111.lWr 6 , 2023

t.n
~- M
1- ••
:<
-~ O'\
---·'
oc:1
we.)
-
-1t::
...., ...
LI-<:.:
\0
, I
•• :r-::::=:,
•·---u, ·i_::j
C)--
:.:c:i
I- IB
FINAL JUDGMENT PAGEl
2276254.1 2020.74
From: Kathy L. Ballard
To: [email protected]; [email protected]; [email protected];
[email protected]; [email protected]
Subject: 348-318681-20
Date: Friday, January 6, 2023 1:38:00 PM
Attachments: 34831868120000104.PDF

Please see the attached signed Final Summary Judgment.

Thanks!

Kathy Ballard
348th Administrative Court Clerk
Tarrant County District Clerk
Tom Vandergriff Civil Courts Building
100 N. Calhoun St, 2nd Floor
Fort Worth, TX 76196
817.884.2787
[email protected]