PLAINTIFFS` ORIGINAL PETITION

,
REQUESTS FOR DI SCLOSURES AND JURY DEMAND Page 1


CAUSE NO. _____________________


PLAI NTI FF'S ORI GI NAL PETI TI ON,
REQUESTS FOR DI SCLOSURES AND JURY DEMAND

TO THE HONORABLE JUDGE OF SAID COURT:

KRI STI AND BRAD GALBRAI TH, I ndividually and as Next Friends of
a minor, Iile PlaintiIIs` Original Petition, complaining of RUYLE`S HEART 2
HEART MONTESSORI ACADEMY, LTD d/b/a Heart2Heart Montessori Academy,
RH2H MANAGEMENT LLC, ASHLEA J. PENA, and PAMELA D. DECKER and for
cause of action would respectfully show the Court the following:
I . DI SCOVERY PLAN AND REQUESTS FOR DI SCLOSURES
1.01. Plaintiffs intend that discovery in this lawsuit be conducted in accordance with
TEXAS RULES OF CIVIL PROCEDURE 190.3, Level 3, as the facts and circumstances giving rise to
PlaintiIIs` claims make it appropriate that discovery be conducted in accordance with a specific
discovery control plan tailored to this lawsuit. Plaintiffs will cooperate with the Defendants in
KRI STI AND BRAD GALBRAI TH,
I ndividually and as Next Friends of
a minor,

Plaintiffs,

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I N THE DI STRI CT COURT

V. §
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_____ JUDI CI AL DI STRI CT

RUYLE`S HEART 2 HEART
MONTESSORI ACADEMY, LTD d/b/a
Heart2Heart Montessori Academy,
RH2H MANAGEMENT LLC, ASHLEA
J. PENA, AND PAMELA D. DECKER

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Defendants. § PARKER COUNTY, TEXAS

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trying to agree to the provisions of a reasonable discovery control plan or, failing agreement,
Plaintiffs may file a motion with the Court seeking an order for such a plan.
1.02. Plaintiffs hereby request that Defendants disclose the materials and information
required to be disclosed under TEXAS RULES OF CIVIL PROCEDURE 194.2(a) through (f), by
serving Plaintiffs` counsel with responses to these requests for disclosures within the time limits
provided for responses to such requests under TEXAS RULES OF CIVIL PROCEDURE 194.1.
I I . PARTI ES
2.01. Plaintiffs Kristi and Brad Galbraith, Individually and as Next Friend of
are residents of Parker County, Texas and are the natural parents of a
minor. The last three digits oI Kristi Galbraith`s Texas Driver`s License number are 563, and the
last three digits of her Social Security Number are 985. The last three digits oI Brad Galbraith`s
Texas Driver`s License number are 687, and the last three digits of his Social Security Number
are 901.
2.02. Defendant Ruyle`s Heart 2 Heart Montessori Academy, Ltd. d/b/a Heart2Heart
Montessori Academy is a Texas Limited Liability Partnership and may be served with a copy of
this petition and citation on its registered agent, Ashlea J. Pena at either her place of employment
at 201 Canyon Court, Willow Park, TX 76087 or her residence at 108 El Colina Road,
Weatherford, TX 76085.
2.03 It is PlaintiIIs` intention to sue the children`s day care facility which operates now
and at which time operated on June 17, 2014 at 201 Canyon Court, Willow Park, TX, and is now
known and/or then known in the community as Heart2Heart Montessori Academy. Plaintiffs
reserves the right to amend and supplement this petition by naming the correct legal entity(ies).
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2.04 Defendant RH2H Management, LLC is a Texas Limited Liability Company and,
based upon information and belief, is the general partner of Defendant Ruyle`s Heart 2 Heart
Montessori Academy, Ltd. RH2H Management, LLC may be served with a copy of this petition
and citation on its registered agent, Ashlea J. Pena at either her place of employment at 201
Canyon Court, Willow Park, TX 76087 or her residence at 108 El Colina Road, Weatherford, TX
76085.
2.05 Defendant Ashlea J. Pena is a Texas resident and is one of the owners of the Heart
2 Heart Montessori Academy, general partners of Defendant Ruyle`s Heart 2 Heart Montessori
Academy, Ltd., and/or one of the managing members of Defendant RH2H Management, LLC.
Based upon information and belief, at all material times, Ms. Pena served as the 'academy
director¨ oI DeIendant Heart2Heart Montessori Academy. Ms. Pena may be served with a copy
of this petition and citation at either her place of employment at 201 Canyon Court, Willow Park,
TX 76087 or her residence at 108 El Colina Road, Weatherford, TX 76085.
2.06 Defendant Pamela D. Decker is a Texas resident and is/was one of the owners of
the Heart 2 Heart Montessori Academy, general partners of Defendant Ruyle`s Heart 2 Heart
Montessori Academy, Ltd., and/or one of the managing members of Defendant RH2H
Management, LLC. Ms. Decker may be served with a copy of this petition and citation at her
residence at 319 Clear Lake Lane, Weatherford, TX 76087.
2.07 Hereinafter, Defendants, collectively, will be reIerred to as the 'Heart2Heart
Montessori Academy DeIendants.¨
I I I . JURI SDI CTI ON AND VENUE
3.01. The District Courts of Parker County, Texas have jurisdiction over this action
because Plaintiffs are bringing causes of action within the subject matter jurisdiction of district
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courts and PlaintiIIs` damages sought to be recovered herein are in an amount in excess of the
minimum amount in controversy for jurisdiction in district courts.
3.02. Venue is proper in Parker County, Texas, pursuant to TEX. CIV. PRAC. & REM
CODE §15.002, because (a) a substantial part of the events and omissions giving rise to Plaintiffs`
claims occurred in Parker County, Texas; and (b) the Heart2Heart Montessori Defendants
principal place of business and/or residence is located in Parker County, Texas.
3.03 As required by Rule 47(b) of the TEXAS RULES OF CIVIL PROCEDURE, Plaintiffs`
counsel states that the damages sought are within the jurisdiction limits of this Court. As required
by Rule 47(c) of the TEXAS RULES OF CIVIL PROCEDURE, Plaintiffs` counsel states that Plaintiffs
seek monetary relief in an amount in excess of $200,000 but not more than $1,000,000. The
amount of monetary relief actually awarded, however, will ultimately be decided by a jury.
Plaintiffs also seek pre-judgment and post-judgment interest at the highest legal rate.
I V. SUMMARY OF FACTS
A. Accountability and Responsibility
4.01 This case is about accountability and responsibility. Each and every day, millions
of parents entrust our most precious and prized possessions our children - in the hands of day
care centers and their owners and staff. While our children are left in these in centers and
schools, the ultimate responsibility for their care and welfare lies with those who choose to take
care of and watch our children. These day care centers must ensure that our children are safe and
enforce a code of conduct that is beyond reproach.
4.02 Parents depend on day care centers, their owners and staff for honesty and
transparency. After all, their business is tied to the health and welfare of the children they serve.
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Taking care of children, at times, is difficult and challenging. Accountability is not. Day care
centers can either do the right thing or not. It is that simple when it comes to taking care of our
children. Ethical failures and a course of unconscionable conduct in a day care center leads to
child abuse and neglect.
B. Hannah Tidwell`s Phone Call to Kristi Galbraith - Reports of Abuse
4.03 the Galbraiths` only child, regularly attended daycare at the
Heart2Heart Montessori Academy located at 201 Canyon Court, Willow Park, TX 76087 while
his parents, Kristi and Brad Galbraith, worked and/or tended to personal medical conditions
requiring cancer treatment including radiation, rehabilitation, and recovery.
4.04 On Tuesday, June 17, 2014, at approximately 4:15 pm, while in route to pick up
at school, Kristi Galbraith received an unexpected phone call from one of
Heart2Heart Montessori Academy Defendants` employees, Hannah Tidwell (hereinaIter, 'Ms.
Tidwell¨) advising her that her son (and another little boy) had been forcefully secured to his
napping mat by duct tape over his blanket by one of the facility`s owners, Pamela Decker and
that she did not understand why the teachers also seemed to be the roughest on their child. Ms.
Tidwell corroborated her story by texting to the Galbraiths three photographs she snapped while
the child was lying down. In addition, Ms. Tidwell speciIically told Kristi Galbraith that, 'Ms.
Decker had duct taped another little girl previously and it worked really well on her.¨
4.05 Upon becoming informed of the abusive actions, Kristi Galbraith immediately
called her husband to report what happened, rushed home to pick him up, and then drove to the
school to pick up their child and personally address this situation with Ms. Decker.
4.06 While driving to Heart2Heart, Kristi and Brad Galbraith had another discussion
with Ms. Tidwell. She again reiterated what she saw and also told the Galbraiths that she
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confronted Ms. Decker about her inappropriate actions and Ms. Decker responded with words to
the eIIect, 'Do not say anything about this. I know this illegal but felt it was necessary.¨ Ms.
Tidwell also told the Galbraiths that Ms. Decker had done this to at least one other girl in the
past.
4.07 Shockingly, during this phone call with the Galbraiths, Ms. Tidwell further
advised the Galbraiths that this was not the only abusive behavior she witnessed during her short
time at Heart2Herat. She also advised the Galbraiths that Heart2Heart withheld water from the
children, limiting them to two water breaks per day, so the staff did not need to change as many
diapers. This employee also reported that there was at least one instance of one child being
locked up in a room alone (without supervision) for an extended period of time causing the child
to miss lunch. Ms. Tidwell advised the Galbraiths that, in addition to reaching out to them, she
quit her job and notified and reported this incident to child care protective services in
Weatherford.
C. The Galbraiths` Meeting with Pam Decker
4.08 When the Galbraiths arrived at the school, they requested to speak with Ms.
Decker. Kristi Galbraith then proceeded with and his after school care teacher,
Ms. Bennett, to room to gather his belongings. Kristi asked Ms. Bennett
whether she was aware that her son had been duct-taped to his mat and Ms. Bennett did not
respond.
4.09 Meanwhile, after what appeared to be a considerable amount of time, Ms. Decker
finally appeared in the lobby to greet the Galbraiths, walking in nonchalantly, with no-sense of
urgency or purpose, uncharacteristically holding one of her grandchildren. When confronted
with the accusation of their child being duct taped to his nap mat, Ms. Deckeralthough not
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admitting or denying the accusationshad no meaningful response and appeared to shrug off the
accusation as implausible. It was only after the Galbraiths advised her that they had copies
photographs of their son duct taped to the nap mat that Ms. Decker became visibly shaken; not
distraught with what she had done but rather distressed that she had been caught. Stuttering and
mumbling, Ms. Decker repeatedly apologized to the Galbraiths saying that she should not have
done this.
4.10 Prior to Ms. Galbraith receiving Ms. Tidwell`s disturbing phone, and
unbeknownst to Ms. Galbraith, Ms. Decker sent an email to Kristi Galbraith stating
1
:
We would appreciate you ordering a weighted blanket
2
for [ to
use here at school. Nap time continues to be a real challenge and the weighted
blankets seem to be very beneficial. The best price we have found is on the
internet at Sensory Goods. We would like to have this by the first of July.

D. The Galbraiths` Reaction and Confirmation of the Truth of their Story

4.11 Appropriately concerned and upset about what had transpired at Heart2Heart, the
Galbraiths pulled their son from Heart2Heart Montessori Academy and rightfully notified other
parents (only those parents who had children in their son`s class and Ior whom they had email
addresses) via email on Tuesday evening, June 17, 2014, about their conversations with Ms.
Tidwell concerning her report to CPS about the abusive incidents occurring at Heart2Heart
including the duct taping of their own child to his nap mat.
4.12 AIter the Galbraiths` sent their concerns about Heart2Heart to their email list,
parents of other children at the school were outraged and several parents contacted Ms. Tidwell
directly. One parent reported to the email list that Ms. Tidwell stated 'word Ior word what Brad

1
Ms. Galbraith saw this email only after she returned home from picking up at school and
when she had finally had a chance to sit down to read emails.

2
Weighted blankets are often used as a therapeutic modality to calm autistic children and/or to
provide self-regulation in children in a variety of stressful situations.

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just emailed.¨ Another parent also reported that '|w|e also just spoke to Ms. Tidwell and got
some disturbing info. My husband and I will be at their doorsteps tomorrow to pull our
daughter.out oI that school.¨
4.13 The Galbraiths conversations continued the following day, Wednesday, June 18,
2014, with appropriate officials including the Willow Park police department and the Texas
Department oI Family and Protective Services` Child Licensing Division. In addition, the
Galbraiths answered many phone calls and sent additional emails updating the email list of their
contacts with the appropriate officials and additional facts learned from other parents.
E. Decker`s Phone Call to Lorrie Almquist
4.14 Also, on Wednesday, June 18, 2014, only after Ms. Decker had been advised that
photographic evidence existed of her actions, and one day following her atrocious actions, Ms.
Decker called another parent, Lorrie Almquist, wanting to update her on what was occurring at
the school. However, prior to the time that this Ms. Almquist received the phone call, she also
received an email on Tuesday, June 17 from Ms. Decker advising that she needed to order her
son a weighted blanket since nap time seems to still be a real challenge and another email
advising that Ms. Tidwell was making false accusations against the school and was no longer an
employee.
4.15 During this phone call, Ms. Decker asked Ms. Almquist whether she had talked to
any parents or to the 'Iather oI the other little boy.¨ Ms. Almquist replied, 'No¨ and stated that
she had no idea about what Ms. Decker was talking. Ms. Decker advised Ms. Almquist that Ms.
Tidwell was pregnant and hormonal and saying crazy things about the school and then told Ms.
Almquist that as she (Ms. Decker) was walking through the classroom, she noticed that Ms.
Almquist`s son and another little boy were not lying down and napping and that she got
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frustrated. Ms. Decker then told Ms. Almquist that she did something 'incredibly stupid and one
oI the dumbest things she had ever done¨ and decided to duct tape her son and the other little boy
to their nap mats. Ms. Decker apologized to Ms. Almquist and advised her that other parents
'were Ireaking out¨ and that the Dad oI the other little boy had sent out a 'big email.¨ Ms.
Decker told Ms. Almquist that 'this whole thing has been blown out oI proportion.¨
4.16 Following this conversation, Ms. Almquist also called Ms. Tidwell who
confirmed what she witnessed. Again, Ms. Tidwell reported that Ms. Decker told her 'not to tell
anyone about the duct tape since it is illegal.`¨
F. Heart2Heart`s Response and I ncomplete Admission
4.17 Later that evening, on Wednesday evening, June 18, 2014, Ashlea Pena, another
Heart2Heart owner (who happens to be Pamela Decker`s daughter), provided an email update to
some of the parents whose children were still enrolled in the school, advising them that they
'.will have a meeting with all oI the parents as soon as the investigation is complete and we
have all oI the Iacts on the table.¨ In her email, Ms. Pena had the audacity to state that despite
their efforts to resolve 'this issue¨ in a timely matter, '|u|nIortunately, Heart2Heart has not been
given the benefit of the doubt as one family can clearly cause such doubt in our loyal family of
clients. We apologize for all of the distress this is causing you, especially creating mistrust in
your hearts |sic|.¨ Ms. Pena continued, 'Please know that this situation has been extremely
exaggerated by a very upset parent that did not allow any discussion to take place.¨ [emphasis
added].
4.18 Without ever referencing any specific incident, Ms. Pena admits that the
'employee involved was very thoughtless and clearly did not have the best interest of the child or
Iamily involved as motive Ior her actions |sic|.¨ In addition, Ms. Pena also wrote, 'Mrs. Decker
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is DEVASTATED by a very foolish decision she made. Please be assured that the child involved
was in no way harmed or caused any distress..¨
4.19 In this same email, Ms. Pena continues her desperate attempt to distance
Heart2Heart Irom the truth and blame a hurt Iather 'who has no evidence oI any wrong doing on
the part oI any staII member.¨ Obviously, by reIerencing only the Galbraiths` accusation in this
email, Ms. Pena intentionally misled her parent body that Ms. Decker had actually duct taped
only one child when, in fact, two children had been duct taped to their nap mats on Tuesday,
June 17, and that another parent had reported the similar behavior on a prior occasion.
4.20 The Iollowing day, on Thursday, June 19, 2014, the Galbraiths` action oI
notiIying and communicating with other parents was swiItly met with a 'cease and desist¨ letter
from Heart2Heart Montessori Academy DeIendants` attorneys. This letter improperly stated that
the school, owners and its employees 'has suIIered and will continue to suIIer damages as long
as |the Galbraiths| continue to spread this Ialse inIormation.¨ The letter also threatened the
Galbraiths with 'serious penalties and damages¨ iI they continued 'making Ialse statements.¨
And, following this cease and desist letter, the Heart2Heart Montessori Academy Defendants
threatened to obtain a temporary injunction against the Galbraiths. At that time, Heart2Heart was
more concerned about protecting their reputation and reducing any negative fallout from the
truthful statements that had been disseminated to other concerned parents than actually
addressing the aggrieved parents` claims speciIically.
4.21 In a Iurther eIIort to curb the Iallout Irom the school`s horriIic behaviors, the
school convened a parent meeting on Thursday evening, June 19. At that meeting, Ashlea Pena
greeted the parents and told them that there are a lot oI 'rumors and accusations going around¨
and that the school is currently under investigation by Childcare Licensing. Ms. Pena admitted
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that there is 'one allegation that is true and that it did occur.¨ Further, Ms. Pena wanted these
parents to hear from Ms. Decker about what did occur 'so we can clean the air and let everybody
know exactly what did take place.¨
4.22 Ms. Decker spoke brieIly at this meeting and began her comments by stating, 'I
will be 100° honest with you and I will tell you the truth. I will not keep anything. I will tell
you the truth.¨ Ms. Decker continued to explain that when she returned to the school 'the little
boy that the Iather is so upset about¨ was sitting on his mat and playing with some items from
the diaper table and that all of the other children were asleep. She explained that all of the other
teachers were across the room with the other children. Ms. Decker saw that was
'up and down¨ and that said she spoke with him on several occasions and asked him to please
lay down. Ms. Decker then walked over to 'clock-in¨ and when she walked back
was 'sitting up again and playing with things.¨ Ms. Decker claims that she stood there
with him for 5 or 6 minutes and continued to ask him to lie down and to rest but that after the
fifth time of asking him to rest, he would not go down and 'just sat there and looked at me.¨ Ms.
Decker stated '.so I knew unless he was still that he would not go to sleep. It just wasn`t
going to happen. So, I made a very foolish decision. I went into the kitchen and got some duct
tape . and I asked him to lie down again which he did.¨ Ms. Decker reported that
lay down on his stomach and that she pulled the blanket over him so that he was
covered and that she put the strip across the blanket.
4.23 Shockingly, Ms. Decker deIended her actions by stating, 'He was quiet. He never
cried. He never complained. He was not in any anguish. . He was not harmed in any way,
emotionally, physically, at all¨ although Ms. Decker readily admitted that her decision to duct
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tape P.G. '.was Ioolish. It was stupid. It was inappropriate. It was.I can`t change it and I`m
sorry Ior that.¨
4.24 Ms. Decker unequivocally stated that after went to sleep, she
'pulled the |duct tape| oII the blanket because that is all it was touching. It wasn't touching
anything else¨ [emphasis added]. However, the pictures show a completely different story. The
duct tape was tightly wrapped and tucked around the nap mat causing to be
illegally restrained to his mat.

4.25 Ms. Decker explained that she did the same thing to another little boy in another
classroom and reasoned that since duct-taping seemed to work, she would see if
it would help with this one as well.
4.26 Ms. Decker told her parent audience that she did 'selI-report¨ this incident and
'immediately called Ashlea |Ms. Pena| because she was not here and she is the director and told
her what I had done. I called CPS and I told them what I had done.¨ However, Ms. Decker did
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not disclose the time she made her phone call to Ms. Pena or that she was instructed to 'selI-
report¨ this incident by her daughter, Ms. Pena.
4.27 Based upon information and belief, it was only after the Heart2Heart Montessori
Academy Defendants were told about copies of the picture of bound to his nap
mat that they 'selI-reported¨ this incident to either Child Protective Services or the Texas
Department of Family and Protective Services Child Licensing Division. If, in fact, anyone at
Heart2Heart Montessori Academy was remotely remorseful for their actions, they would have
'selI-reported¨ this abuse long beIore they were presented with any photographic evidence oI
their crimes.
4.28 After Ms. Decker spoke, a woman, who introduced herself as a friend of the day
care center and an attorney, stated that she there 'to make sure we don`t make the same mistakes
that we believe Dad is making . kind oI like. jumping to conclusions and things like that.¨
4.29 During the question and answer session, one parent asked if this type of incident
had ever previously happened. Ms. Pena stated words to the eIIect, 'I can tell you that this has
never happened beIore.this is absolutely the Iirst time.¨ Ms. Pena failed to disclose that another
parent previously made these same accusations.
G. All the Signs Point to Abuse
4.30 Based upon information and belief, Heart2Heart Montessori Academy Defendants
also punished and other children at the school by purposefully withholding
water and other forms of liquids in an effort to reduce the number of diaper changes throughout
the day and by further punishing children by slapping them on the head during diaper changes if
they had an 'accident¨ at school.
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4.31 Day care center abuse is extremely difficult to identify because children often lack
the necessary vocabulary and understanding to articulate problems or concerns. Although a
number of Heart2Heart parents, including the Galbraiths, had a gut intuition that something was
amiss at the school and with their children`s behavior, they could never identiIy exactly what the
problems were. Unfortunately, it now seems as if their worst fears have been confirmed.
4.32 In the Galbraiths` initial email to classmates` parents, the
Galbraiths, without elaborating any specific facts, shared that they had some suspicions for the
'last several weeks¨ because oI some other events and behavior issues with but
could never put their finger on the problem.
4.33 Later that evening, another parent emailed his observations to the email group that
his daughter 'is overly thirsty when |he| picks her up at school. It is not unusual for her to finish
an 8oz bottle oI apple juice within minutes oI leaving the school.¨
4.34 Lorrie Almquist reported that she had noticed behavioral changes in her child
several weeks prior to the duct taping incident. Specifically, Ms. Almquist disclosed that her son
was not happy going to school and would be uncharacteristically upset when being dropped off
at school. Although Ms. Almquist initially attributed her son`s behavioral changes to the Iact that
some oI her son`s daily routines recently changed, she is now convinced that her son had been
previously abused and duct taped during naps. Ms. Almquist also believes that the allegations
about the water restriction are true inasmuch as she states, 'Every single parent I have talked to
today has had the same exact complaint about their children being extremely thirsty when they
are picked up Irom school, and need to have a drink as soon as they get in the car.¨
4.35 Ms. Almquist also has concerns about the manner in which her son was being
potty trained at the school. She witnessed on one occasion that her son was 'only in a diaper in
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the class room, since he had an accident. She discussed this with Ms. Decker, who responded,
'. he just loves being naked . and that he does not seem to mind it one bit.¨ Ms. Almquist
later found out that this was a 'punishment Ior having an accident while the other kids just make
Iun oI them.¨
4.36 Another parent reported to the email list that aIter they learned oI Ms. Decker`s
conduct, his wiIe and he 'started doing tests with her to see how she behaved iI we spoke
specifically about Ms. Decker.¨ This parent reported that '|h|er behavior was immediately
changed from light hearted to serious. She even said, Mrs. Decker hit.`¨ When asked where, the
child 'pointed to her head and shoulders.¨ This made the parents suspicious oI the allegations
that children would be smacked on the head while their diapers were changed at the school. This
parent again states, 'Also, I can conIirm that |my daughter| is overly thirsty when I pick her up.
Thus, the restricting water consumption could be a legit claim.¨
4.37 Another parent reported that her son had been potty trained since 'Spring Break¨
and that on his last day at Heart2Heart on June 6, when he was picked up at noonish, he had not
had a bowel movement and had urination accidents all weekend. This parent reported that her
child finally 'pooped¨ on Sunday and attributed these incidents to lack of water at the school.
Yet another parent stated that she had similar incidents with her child not having a bowel
movement for 2 to 3 days and needing to offer her child water constantly. This parent was
furious as to how much pain her child experienced as a result of her child being denied water.
4.38 Still another parent stated that she had to begin picking her child up early in May
because she Iound out that the children 'were playing outside or watching movies and came
home with ant bites all over her legs and so thirsty. Again they were not getting water. .¨
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4.39 Within a week of pulling their children from Heart2Heart, parents started to
notice huge diIIerences in their children`s attitudes and behaviors. One parent reported that her
child 'has settled into his happy, easy going, polite self again. He would have SUCH bad
meltdowns when we would get home.¨ Another parent stated that her child '.is much more
happy not going to H2H.she is back to |herselI| again. She was a very diIIerent child at H2H, it
in a way sucked` the liIe out oI her.¨
H. Effects of the Abuse
4.40 As a result of these incidences, often times acted erratically at
home. For several weeks up to a month or more prior to learning of this incident, on occasion,
completely out of his character and normal behavior patterns, became very
upset and suddenly stopped wanting to go into his classroom when he was dropped off at school.
In addition, Kristi and Brad further noted that would scream as if he was in pain
when his diaper was being changed, taking multiple people, at times, to calm him down in order
to change his diaper. would also 'act-out¨ during normal diaper changes by
purposefully striking his head with his own fists. Moreover, would cry
incessantly beIore nap or bed time, and without any provocation, plead with his parents 'not to
hurt him¨ and demand that his parents keep water or juice next to his bed at all times. Also,
Kristi Galbraith noticed that would 'guzzle¨ a large drink as soon as he was
picked up from school. The Galbraiths` complaints are not isolated.
V. CAUSES OF ACTI ON AGAI NST DEFENDANTS
A. Negligence
5.01 Paragraphs 1.01 through 4.40 are incorporated herein as if fully alleged.
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5.02 Plaintiffs Kristi and Brad Galbraith, Individually and as Next Friend of
a minor, will show that the Heart2Heart Montessori Academy Defendants were
negligent in failing to properly carry out their responsibilities to thereby,
proximately causing injuries. Specifically, the acts and/or omissions of
negligence are as follows:
a) Heart2Heart Montessori Academy Defendants did not provide care to
according to the acceptable standard of care for a child
care facility in the State of Texas. The failure to meet the proper standard
of care resulted in injury and pain and suffering of
b) Heart2Heart Montessori Academy Defendants failed to use ordinary care,
that is, failed to do that which a child care facility of ordinary prudence
would have done under the same or similar circumstances with respect to
care; and
c) Heart2Heart Montessori Academy Defendants failed to properly supervise
its employees with regard to the treatment and discipline of the children
entrusted to the care of Heart2Heart Montessori Academy Defendants
resulting in injury and pain and suffering of
5.03 The above-referenced conduct of Defendants was a direct and proximate cause of
injuries.
B. Gross Neglect/Gross Negligence
5.04 Paragraphs 1.01 through 5.03 are incorporated herein as if fully alleged.
5.05 Plaintiffs will further show that the negligent acts and/or omissions of the
Defendants as set out above constitutes such an entire want of care as to indicate that the acts
and/or omissions in question were the result of conscious indifference to the rights, welfare or
safety of and/or constituted gross neglect and/or gross negligence, which was
the proximate cause of injuries.

PLAINTIFFS` ORIGINAL PETITION,
REQUESTS FOR DI SCLOSURES AND JURY DEMAND Page 18

C. Negligence Per Se
5.06 Paragraphs 1 through 5.05 are incorporated herein as if fully alleged.
5.07 Plaintiffs will show that Defendants were negligent per se in that they committed
unexcused violations of minimum standards which were designed to prevent injury to a class of
persons to which belonged. SpeciIically, DeIendants` negligent acts per se
include, but are not limited to the following:
a) Failure on the part of Defendants Pena and Decker to ensure that the daily
operation of Heart2Heart Montessori Academy Defendants was administered in
compliance with the Texas Minimum Standards for Licensed Child-Care Centers,
as required by 40 T.A.C. Part 19, Chapter 746.1003(1);

b) Failure on the part of Heart2Heart Montessori Academy Defendants child-care
employees to demonstrate competency, good judgment, and self-control in the
presence of children and when performing assigned responsibilities, as required
by 40 T.A.C., Part 19, Chapter 746.1201(1);

c) Abusing and other children in violation of 40 T.A.C., Part 19,
Chapter 746.1201(4);

d) Failing to provide basic care for and other toddlers including
routines such as diapering, feeding, and sleeping as required by 40 T.A.C., Part
19, Chapter 746.2501(1).

e) Failure to use discipline with and other children that is (1)
individualized and consistent for each child; (2) appropriate to the child`s level oI
understanding; and (3) directed toward teaching the child acceptable behavior and
self-control as required by 40 T.A.C., Part 19, Chapter 746.2801;

f) Failure to use discipline and guidance with and other children
that is positive and encourages self-esteem, self-control, and self-direction as
required by 40 T.A.C., Part 19, Chapter 746.2803;

g) Exercising punishment on and other toddlers that is harsh, cruel,
or unusual treatment including (1) corporal punishment or threats of corporal
punishment and (2) punishment associated with food, naps, or toilet train as
prohibited by 40 T.A.C., Part 19, Chapter 746.2805(1) and (2); and
PLAINTIFFS` ORIGINAL PETITION,
REQUESTS FOR DI SCLOSURES AND JURY DEMAND Page 19


h) Forcing and other children to sleep by restraining their heads or
bodies as prohibited by 40 T.A.C., Part 19, Chapter 746.2905.

5.08 The above-referenced conduct of Defendants was a direct and proximate cause of
the damages and injuries sustained by
D. Breach of Contract
5.09 Paragraphs 1 through 5.08 are incorporated herein as if fully alleged.
5.10 Defendant made contractual representations as to the quality of care and services
provided by Defendant including quality of care, child care, the timing and appropriateness of
treatment, the quality and nature of the staff available to take care of children including
and a number of other representations, incidental or related to such services which
were not carried out.
5.11 The above-referenced conduct of Defendant was a direct and proximate cause of
the damages and injuries sustained by
E. Res I psa Loquitur
5.12 Paragraphs 1 through 5.11 are incorporated herein as if fully alleged.
5.13 Under the doctrine of Res Ipsa Loquitur, the Heart2Heart Montessori Academy
Defendants are directly responsible for injuries and damages. The
Heart2Heart Montessori Academy Defendants were in complete physical control and had total
responsibility for care and custody at the time the incident occurred. Because
was completely under the care, custody and control of the Heart2Heart
Montessori Academy Defendants, the character of this occurrence is such that it would ordinarily
not have happened in the absence of negligence of the employees, agents and servants of the
Heart2Heart Montessori Academy Defendants.
PLAINTIFFS` ORIGINAL PETITION,
REQUESTS FOR DI SCLOSURES AND JURY DEMAND Page 20

F. Fraud/Negligent Misrepresentation
5.14 Paragraphs 1 through 5.13 are incorporated herein as if fully alleged.
5.15 The Heart2Heart Montessori Academy Defendants made material representations
as to the quality of care and services provided by Defendants including quality of care, child care
techniques, the timing and appropriateness of care, the quality and nature of the staff available to
take care of children including and a number of other representations,
incidental or related to such services which were not carried out. These representations were
made to induce Kristi and Brad Galbraith to utilize Heart2Heart Montessori Academy
Defendants for the paid care of their child, These representations were not
accurate.
5.16 The above-referenced conduct of Defendants was a direct and proximate cause of
the damages and injuries sustained by
G. Violation of Penal Code
5.17 Paragraphs 1 through 5.16 are incorporated herein as if fully alleged.
5.18 Defendants violated the Texas Penal Code, Section 22.04 because Defendants
intentionally, knowingly, recklessly or with criminal negligence by act or omission caused
and other children, under the age of 15 years, serious bodily injury.
5.19 The above-referenced conduct of Defendants was a direct and proximate cause of
the damages and injuries sustained by
VI . RESPONDEAT SUPERI OR
6.01 Paragraphs 1 through 5.19 are incorporated herein as if fully alleged.
6.02 At all times material hereto, the employees of the Heart2Heart Montessori
Academy Defendants were employees, agents or servants of Heart2Heart Montessori Academy
PLAINTIFFS` ORIGINAL PETITION,
REQUESTS FOR DI SCLOSURES AND JURY DEMAND Page 21

Defendants and were in the course and scope of their employment and in furtherance of their
employer's businesses. Therefore, the Heart2Heart Montessori Academy Defendants are directly
responsible for the actions of the employees, servants or agents working at Heart2Heart
Montessori Academy under the doctrine of respondeat superior.
VI I . DAMAGES FOR PLAI NTI FFS
7.01 Paragraphs 1 through 6.02 are incorporated herein as if fully alleged.
7.02 As a result of the foregoing, Plaintiffs have incurred injury and damage in an
amount which is, as of yet, undetermined, and avers that said damages are in excess of minimum
jurisdictional limits of this court. Plaintiffs further state that upon trial Plaintiffs should be
awarded fair and reasonable damages, including but not limited to their pain and suffering and
mental anguish, as determined by the jury.
VI I I . ATTORNEYS` FEES
8.01 Paragraphs 1 through 7.02 are incorporated herein as if fully alleged.
8.02 PlaintiIIs seek an award oI attorneys` fees pursuant to section 38.001 of the Texas
Civil Practice and Remedies Code.
I X. JURY DEMAND
9.01 Plaintiffs request a trial by jury and herewith tender the required jury fee.
CONCLUSI ON AND PRAYER
Wherefore, premises considered, Plaintiffs pray that Defendants be cited to appear and
answer herein and, upon final hearing, that Plaintiffs recover a judgment against the Defendants,
jointly and severally, for all of their damages, including actual, consequential and exemplary
damages, pre and post judgment interest at the highest rate allowed by law, attorneys` Iees, court
PLAINTIFFS` ORIGINAL PETITION,
REQUESTS FOR DI SCLOSURES AND JURY DEMAND Page 22

costs and other recoverable costs included herein, and for such other relief, at law or in equity, to
which Plaintiffs may be justly entitled
Respectfully submitted,
RASANSKY LAW FI RM
By: /s/ Jeffrey Rasansky
Jeffrey H. Rasansky
State Bar No. 16551150
jrasansky@jrlawfirm.com
Sadie Horner
State Bar N. 24083201
shorner@jrlawfirm.com

2525 McKinnon Street
Suite 625
Dallas, Texas 75201

(214) 651-6100
(214) 651-6150 Fax

ATTORNEYS FOR PLAI NTI FFS