PETITION PAGE 1
221295/2816.020
CAUSE NO. ___________________ED ALLEN AND TONI ALLEN § IN THE DISTRICT COURT OF§Plaintiffs, §§v. §§ DALLAS COUNTY, TEXASRESTLAND FUNERAL HOME, INC. §§Defendant. § _______ JUDICIAL DISTRICT
PLAINTIFFS’ ORIGINAL PETITION
Plaintiffs Toni and Ed Allen complain that certain actions by Defendant Restland FuneralHome Defendants JPMorgan Chase Bank and Portfolio violate provisions of the TexasDeceptive Trade Practices Act and the Allens’ contract with Restland.
I.DISCOVERY DESIGNATION
1.
Plaintiffs designate this case under Level 2 for the purposes of discovery under theTexas Rules of Civil Procedure.
II.PARTIES
2.
Plaintiffs are individuals and residents of Dallas County, Texas, and consumerswithin the meaning of 15 U.S.C. §1692c(d);3.
Defendant Restland Funeral Home, Inc. a corporation authorized to do business inthe State of Texas. It may be served through its registered agent, CT Corporation System, 350 N.St. Paul Street, Suite 2900, Dallas, Texas 75201-4234.
Filed12 March 19 A1:58Gary FitzsimmonsDistrict ClerkDallas District
DC-12-03062B-44TH1 CIT CERT MAIL
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221295/2816.020
III.JURISDICTION AND VENUE
4.
This Court has jurisdiction because the amount in controversy is within the jurisdictional limits of the Court.5.
Venue is proper in this case because the events giving rise to the causes of actionoccurred in whole or in part in Dallas County, Texas.
IV.FACTS
6.
The Allens’ son, Brien Allen, passed away on May 12, 2011. The Allenscontacted Restland about funeral arrangements for Brien. Ultimately, the Allens selected apackage offered by Restland called the “Bronze Memories Service Package.” Restlandrepresentatives told the Allens what they could expect from the “Bronze Memories ServicePackage.” A key element for the Allens was the professionalism that Restland promised it wouldprovide before, during, and after Brien’s services.7.
Regrettably, during this unfortunate time, Restland either took advantage of theAllens or simply failed to do what any reasonable person would have expected under thecircumstances. The Allens were burying their son and understandably under a tremendous strain.The Allens relied upon Restland to provide the services that Restland promised it would provide.However, Restland failed the Allens in several material ways:A.
Several funeral attendees noticed that Restland employees rolled their eyes atthe Allens and their guests, and overall appeared put upon to extend thesimplest of courtesies to the family.
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221295/2816.020
B.
Despite Restland’s representations that someone from Restland would beavailable to assist the Allens during visitation, the Allens and their guestswere left alone by Restland during Brien’s visitation.C.
Pursuant to the agreements between the Allens and Restland, Brien’s casketwas to be opened for family visitation only at 5:30 p.m. prior to the funeralservices. No one from Restland assisted the Allens following the visitation,and if Mr. Allen had not tracked down a Restland employee then Brien’scasket would have remained open all night.D.
The Allens were promised a kneeler in front of Brien’s casket so that Catholicguests could pay their respects. Restland failed to provide a kneeler.E.
Restland employees refused to allow the Allens to place a crucifix on Brien’scasket during the funeral services.F.
The visitation room provided by Restland was in a direct pathway to therestroom. The Allens’ final moments with Brien were disrupted by a paradeof other Restland customers en route to the restroom.G.
The flowers purchased by the Allens for Brien’s funeral services were not inplace during the funeral services.H.
Flowers sent to the funeral home on behalf of Brien were placed in the wrongvisitation room away from the Allens’ room.I.
At the cemetery, Restland’s representatives again treated the Allens withdisrespect, first by asking the pall bears to help “unload” Brien’s casket, andthen by misspelling Brien’s name on the temporary grave marker.
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