No.

_________

ROBERT & CHERYL CROSBY, Individually IN THE DISTRICT COURT
& As Sole Heirs of BENJ AMIN CROSBY,

Plaintiffs,

v. DALLAS COUNTY, TEXAS

KTIH OUTPOST GP, LLC d/b/a KATY
TRAIL ICE HOUSE OUTPOST and J OE
GRAMS,

Defendants. ____ J UDICIAL DISTRICT

PLAINTIFFS ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, ROBERT & CHERYL CROSBY, Individually & As Sole Heirs of
BENJAMIN CROSBY, Plaintiffs in the above-captioned and numbered cause, and file this, their
Original Petition, and, in support thereof, would respectfully show unto the Court as follows:
I.
DISCOVERY PLAN
Pursuant to Rule 190.1, TEX. R. CIV. P., Plaintiffs request that discovery in this case be
conducted under Discovery Control Level Two.
II.
REQUEST FOR DISCLOSURE
Plaintiffs hereby request that Defendants produce the information and materials outlined
in Rule 194.2, TEX. R. CIV. P., within fifty (50) days of service of this Original Petition.


DC-14-08216
Smith Gay
2 CIT/ ATTY
FILED
DALLAS COUNTY
7/31/2014 11:19:34 AM
GARY FITZSIMMONS
DISTRICT CLERK
95TH-D
III.
PARTIES
ROBERT CROSBY is an individual whose address is 385 Limestone Road, Chapin
South Carolina 29036. The last three digits of his South Carolina Drivers License Number are
563. The last three digits of his Social Security Number are 737. He is the father of
BENJAMIN CROSBY.
CHERYL CROSBY is an individual whose address is 385 Limestone Road, Chapin
South Carolina 29036. The last three digits of her South Carolina Drivers License Number are
857. The last three digits of her Social Security Number are 111. She is the mother of
BENJAMIN CROSBY.
KTIH OUTPOST GP, LLC d/b/a KATY TRAIL ICE HOUSE OUTPOST (KTIH) is a
Texas limited liability corporation with its principal place of business located at 4700 West Park
Boulevard, Suite 100, Plano, Collin County, Texas. At all times relevant herein, KTIH was a
provider of alcoholic beverages duly licensed by the Texas Alcoholic Beverage Commission. It
may be served through its registered agent, Mr. Buddy Cramer, at 3508 Haynie Avenue, Dallas,
Texas 75205.
JOE GRAMS is an individual whose address is 1419 McCoy Street, Dallas, Dallas
County, Texas 75204. He may be served at his residence or wherever he may be found.

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IV.
FACTUAL BACKGROUND
On or about J uly 18, 2013 JOE GRAMS drove BENJAMIN CROSBY to the premises
owned by KTIH and operated as the Katy Trail Icehouse Outpost in Plano, Texas for drinks to
celebrate CROSBYs job promotion. During the course of approximately 3.5 hours, employees
of KTIH served GRAMS and CROSBY a total of thirty-two (32) alcoholic beverages including
four double servings of vodka and six double servings of beer. All told, KTIH served GRAMS
and CROSBY the equivalent of forty-three (43) alcoholic drinks in less than four hours. During
the course of this evening, it was readily apparent to KTIH that CROSBY and GRAMS were
obviously intoxicated to the point that they presented an obvious danger to themselves and
others. At no time did any employee of KTIH refuse to serve or express any concern for the two
mens safety despite their obvious intoxication.
At approximately 2 a.m., GRAMS gave his car keys to CROSBY and allowed him to take
possession and control of the vehicle despite his obvious intoxication. While GRAMS concluded
his business inside the bar, CROSBY drove GRAMS car from the premises, sped up the North
Dallas Tollroad, ran a red light and collided with an 18 wheeler west bound on Highway 380.
The collision crushed GRAMS car and claimed the young life of BENJAMIN CROSBY.
When he left KTIH, CROSBYs blood alcohol concentration was in excess of 0.27 -- more than
three times the legal limit. As described more particularly below, the crash and the death of
BENJAMIN CROSBY were the proximate and foreseeable results of the callous conduct of
KTIH and ill-fated decisions of the equally intoxicated GRAMS.

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V.
CAUSES OF ACTION
A.
TEXAS ALCOHOLIC BEVERAGE CODE
Plaintiffs would show the Court that KTIH and its employees were providers of
alcoholic beverages as defined by 2.01(1) of the Texas Alcoholic Beverages Code. On the night
in question, KTIH -- acting through its various agents, servants and employees -- served alcohol
to CROSBY and GRAMS after they reached the point of such obvious intoxication that they
were clearly a danger to themselves and others. KTIHs conduct caused CROSBYs and
GRAMS intoxication and was a proximate cause of GRAMS entrustment of his vehicle to
CROSBY and CROSBYs ensuing crash and death. Rather than curtail the mens drinking,
KTIH directly and indirectly encouraged its employees to violate the law by over-serving
alcoholic beverages to patrons who were obviously intoxicated.

B.
RESPONDEAT SUPERIOR
ROBERT & CHERYL CROSBY would show the Court that on the date in question the
employees of KTIH who over-served GRAMS and CROSBY were acting in the course and
scope of their employment with KTIH. These individuals include, but are not limited to, the
managers, assistant managers, bar managers, floor managers, bartenders, bar-backs, waiters
and/or waitresses on duty that evening. Because these individuals were acting in the course and
scope of their employment, KTIH is vicariously liable for their misconduct.

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C.
NEGLIGENCE
ROBERT & CHERYL CROSBY would show the Court that on the date in question
GRAMS failed to use ordinary care by entrusting his vehicle to CROSBY when he knew or
should have known that CROSBY was not fit to safely operate the vehicle. Although his lack of
care was the obvious result of KTIHs over-service, GRAMS should not have given the keys to
CROSBY or allowed him to operate the vehicle in his (their) inebriated condition.

VI.
DAMAGES
As a proximate result of the conduct in question, ROBERT & CHERYL CROSBY have
lost the love, affection and companionship of their beloved son. In addition, they have suffered
extreme mental anguish. ROBERT & CHERYL CROSBY will continue to suffer these losses
for the rest of their lives. In addition, they bring suit as the sole heirs of BENJAMIN CROSBY
to recover damages for the pain and suffering he endured prior to his passing and the expenses of
his funeral and interment. In this regard, ROBERT & CHERYL CROSBY would show the
Court that they are the sole heirs of BENJAMIN CROSBY and that no administration of his
estate is pending and none is necessary. Pursuant to Rule 47, TEX. R. CIV. P., ROBERT &
CHERYL CROSBY plead that they seek monetary relief of more than $1,000,000.00 including
damages, penalties, costs, expenses, pre-judgment interest and attorneys fees.
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WHEREFORE, PREMISES CONSIDERED, ROBERT & CHERYL CROSBY
respectfully pray that KTIH GP, LLC and JOE GRAMS be cited to answer and appear, and that,
upon final adjudication of this case, they be ordered to pay all damages for which they pray
along with such other legal or equitable remedies to which they may be justly entitled including
pre-judgment and post-judgment interest and all costs of Court.

Respectfully submitted,

THE LAW OFFICE OF JAMES HOLMES, P.C.

By: /s/ J ames A. Holmes___________________________
J ames A. Holmes
State Bar No. 00784290
212 SOUTH MARSHALL
HENDERSON, TEXAS 75654
(903) 657-2800
(903) 657-2855 (fax)
jh@J amesHolmesLaw.com



David B. Miller
State Bar No. 00788057
SCHNEIDER MILLER REYNOLDS, P.C.
300 North Coit Road, Suite 1125
Richardson, Texas 75080
(972) 479-1112
(972) 479-1113 (fax)
david@schneidlaw.com

ATTORNEYS FOR PLAINTIFFS
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