PLAINTIFFS ORIGINAL PETITION - Page 1

CAUSE NO. _________________

WALTER HARRISON, IN THE DISTRICT COURT

Plaintiff,

V. ______ JUDICIAL DISTRICT

LA QUINTA INNS, INC.,

Defendant. DALLAS COUNTY, TEXAS

PLAINTIFFS ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Walter Harrison (Plaintiff) and files Plaintiffs Original Petition
complaining of and against La Quinta Inns, Inc. (La Quinta), and for cause of action
respectfully avers as follows:
I.
Discovery Plan
1. Plaintiff intends to conduct discovery in this lawsuit pursuant to Tex. R. Civ.
P. 190.3 (Level 2).
II.
The Parties
2. Plaintiff is a resident of the State of Missouri.
3. Defendant is a foreign for-profit corporation, which may be served with process by
serving its registered agent Corporation Service Company at 211 E. 7
th
Street, Suite 620, Austin,
Texas 78701-3218.
DC-14-09500
Pointer Tonya
FILED
DALLAS COUNTY
8/27/2014 3:12:16 PM
GARY FITZSIMMONS
DISTRICT CLERK
PLAINTIFFS ORIGINAL PETITION - Page 2
III.
Venue
4. Venue is proper in the County of suit inasmuch as all or substantially all of the
events or omissions which give rise to the claims asserted herein occurred in the County of suit.
IV.
Rule 47 Certification
5. Plaintiff asserts claims against Defendant La Quinta for negligence, gross
negligence and for invasion of privacy related to a false arrest incident which occurred on the
morning of June 17, 2014 (the Incident) at the La Quinta Inn Dallas LBJ (the LBJ La Quinta).
Plaintiff seeks only monetary relief of $100,000.00 or less, including damages of any kind,
penalties, costs, expenses, prejudgment interest, and attorneys fees.
V.
Background Facts
6. Plaintiff is a resident of St. Louis, Missouri. Plaintiff, his wife, daughter and
sister-in-law traveled to Dallas, Texas to attend a Baptist convention and arrived at the LBJ La
Quinta on June 16, 2014 at approximately 3:30 p.m. The family checked into Room 201, had
dinner and then retired for the evening.
7. At approximately 6:30 a.m. the next morning, Plaintiff was awakened by a
telephone call from the desk staff at the LBJ La Quinta. He was informed that there was a
problem with his credit card and that he should immediately get dressed and come downstairs to
resolve the issue. Plaintiff quickly dressed and as he opened the door to his hotel room, he was
confronted by three officers brandishing firearms and three other officers stationed in the area near
the exits. Three of the officers were from the Dallas Police Department and the remaining
officers were from the U.S. Marshalls Office.
PLAINTIFFS ORIGINAL PETITION - Page 3
8. One of the officers at the door began to shout at Plaintiff and placed his firearm to
Plaintiffs head. The other officers had their firearms aimed, as if ready to fire at him. Of course,
the melee awakened Plaintiffs family who came to the door and witnessed the outrageous assault
of Plaintiff. The officer holding the firearm shouted for Plaintiff to tell him where another
individual (the Perpetrator) was and Plaintiff indicated that he had no idea what the officer was
talking about and that they had arrested the wrong man. He showed the officers his drivers
license and they eventually left. However, the incident greatly traumatized Plaintiff and his
family, ruining their trip.
9. Further, Plaintiff later learned that although the Perpetrator was previously located
in Room 201, he moved to another room on the third floor prior to Plaintiffs arrival on Monday
afternoon. At the time the family checked in, the desk staff made a copy of Plaintiffs drivers
license. Consequently, the desk staff should have known that Plaintiff now occupied the room
and the identification of Room 201 as the Perpetrators room was grossly negligent. Further,
Defendants desk staffs participation in the ordeal, by calling Plaintiff and falsely stating that
there was a problem with his credit card which further evidenced an egregious and ill-advised
direct participation in this outrageous Incident.
VI.
CAUSE OF ACTION NO. ONE
Negligence

10. Plaintiff incorporates by reference the allegations contained in paragraphs 1-9
hereinabove as if fully set forth herein at length.
11. Plaintiff alleges that in participating in and facilitating the Incident, La Quinta
failed to exercise ordinary care and was negligent. Plaintiff further avers that La Quintas
negligence was a proximate cause damages to Plaintiff, and Plaintiffs family, including severe
PLAINTIFFS ORIGINAL PETITION - Page 4
emotional distress and mental anguish, for which Plaintiff sues La Quinta in an amount in excess
of the minimum jurisdictional limits of this Court.
VII.
CAUSE OF ACTION NO. TWO
Invasion of Privacy

12. Plaintiff further avers that La Quinta intentionally participated in the intrusion on
Plaintiffs right to solitude and seclusion, that the intrusion would be highly offensive to a
reasonable person and that Plaintiff suffered an injury as a result of the intrusion in an amount in
excess of the minimum jurisdictional limits of this Court, for which Plaintiff hereby sues La
Quinta.
VIII.
CAUSE OF ACTION NO. THREE
Exemplary Damages

Pleading further, the actions by La Quinta described hereinabove, when viewed objectively from
the standpoint of La Quinta at the time of the Incident, involved an extreme degree of risk,
considering the probability and magnitude of the potential harm to others, and for which La Quinta
had actual subjective awareness of the risk involved, but nevertheless proceeded with conscious
indifference to the rights, safety, or welfares of Plaintiff and Plaintiffs family. Consequently,
Defendants actions constitute gross negligence and Defendant is therefore liable to Plaintiff for
exemplary damages in an amount in excess of the minimum jurisdictional limit of this Court, for
which Plaintiff also sues LaQuinta.
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that La Quinta be cited to
appear herein and that upon trial judgment be entered in favor of Plaintiff against La Quinta for all
relief set forth hereinabove, including actual damages, exemplary damages, costs and for
PLAINTIFFS ORIGINAL PETITION - Page 5
prejudgment and post judgment interest at the highest lawful rate, in addition to such other and
further relief, both at law or in equity, to which Plaintiff may be justly entitled.
Respectfully submitted,

MARK FRELS, ATTORNEY AT LAW


By:__/s/ Mark Frels__________
MARK FRELS
State Bar No. 07438200
mfrels@2027law.com
2027 Young Street
Dallas, Texas 75201
(214) 720-2220 Telephone
(214) 720-2240 Facsimile
ATTORNEY FOR PLAINTIFF