CAUSE NO. 26794388JORDAN BLAKE, Petitioner, v PINEWOOD CAMP, a CorporationDefendants.))))))))))IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS _____ JUDICIAL DISTRICT PLAINTIFF'S ORIGINAL PETITION AND JURY DEMANDTO THE HONORABLE JUDGE OF SAID COURT:COMES NOW, Jordan Blake ("Blake"), Plaintiff in the above entitled and numbered cause, and files this his Plaintiff's Original Petition, and in support thereof would respectfully show unto this Court the following:GENERAL ALLEGATIONSI. DISCOVERY CONTROL PLAN1. Blake intends to conduct discovery in this matter under Level 2 of Rule 190 of the TEXAS RULES OF CIVIL PROCEDURE. II. PARTIES 2. Plaintiff is a resident of the State of Texas. 3. Defendant Pinewood Camp is an organization, which may be served at its place of business, located at 800 Pinewood Drive, Lakeside, Texas 75001, Lakeside County, Texas. III. JURISDICTION AND VENUE4. This Court has original jurisdiction in this matter pursuant to the laws of the State of Texas. The amount in controversy exceeds the minimum jurisdictional limits of this Court.5. This Court has original jurisdiction in this matter pursuant to the laws of the State of Texas. The amount in controversy is less than the maximum jurisdictional limits of this Court.IV. BACKGROUND FACTS6. On July 31, 2019, tragedy struck the Blake family when their daughter, Emily, fell gravely ill while attending a summer camp. Emily, a participant in a two-month residential program at Pinewood Camp in Lakeside, Texas, suddenly developed a severe fever and infection. The camp staff, recognizing the seriousness of Emily's condition, contacted her father, Blake, requesting that he come to collect her. Responding promptly, Blake departed from Houston the following day to retrieve his daughter.7. The sudden loss of Emily, his only daughter, devastated Blake and irrevocably altered the course of his life as a single father. The emotional toll of this tragedy extended far beyond the immediate financial burdens of emergency medical care and funeral expenses. In the wake of Emily's passing, Blake has grappled with severe depression and anxiety, necessitating ongoing psychiatric care and treatment. This profound grief has cast a long shadow over Blake's life, affecting his mental health and daily functioning. The void left by Emily's absence continues to be a source of deep emotional pain, highlighting the enduring impact of such a significant loss on a parent's life.8. On January 10th, 2023, Blake received an unexpected phone call that would reignite the pain of his loss while shedding new light on the circumstances surrounding Emily's death. The caller was the mother of one of Emily's friends, a fellow attendee at Pinewood Camp during that fateful summer of 2019. This conversation revealed a startling truth: Emily had succumbed to Toxic Shock Syndrome, a rare but severe condition affecting only about 3.5 per 100,000 individuals annually in the United States. Even more shocking was the revelation that Emily's case was not an isolated incident at the camp that summer, but the second such occurrence. The information hit Blake like a thunderbolt. For years, he had been led to believe that the cause of Emily's death was an unidentified infection. Now, he learned that the staff at Pinewood Camp had been aware that Emily's illness was their second case of Toxic Shock Syndrome that summer. This knowledge had been withheld from Blake in 2019, leaving him in the dark about the true nature of the tragedy that had befallen his daughter. This revelation not only reopened old wounds but also raised serious questions about the camp's transparency and handling of the situation, adding a layer of betrayal to Blake's ongoing grief. CAUSES OF ACTIONV. FIRST CAUSE OF ACTION: NEGLIGENCE9. Paragraphs 1 through 8 are incorporated by reference as if fully set forth herein.10. Defendant Pinewood Camp, as a residential summer camp and temporary caretaker of Emily Blake, owed a duty of care to Emily and her father, Blake. This duty included providing reasonable care for Emily's health and safety, as well as timely and accurate communication with Blake regarding his daughter's condition. The standard of care expected from Defendant includes prompt recognition and response to medical emergencies, timely transfer to appropriate medical facilities when necessary, and clear communication with parents or guardians about a child's health status.11. Defendant Pinewood Camp breached its duty of care through various acts and omissions, including but not limited to: failing to promptly recognize and respond to Emily's symptoms of toxic shock syndrome; delaying Emily's transfer to the hospital; failing to inform Blake of the true urgency of Emily's condition; and neglecting to notify Blake of Emily's hospital transfer before he traveled to the camp. These breaches fell below the standard of care reasonably expected of a residential summer camp acting as a temporary caretaker.12. As a direct and proximate result of Defendant's negligence, Emily suffered severe health complications leading to her untimely death, and Blake endured significant emotional and financial damages. VI. SECOND CAUSE OF ACTION: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS13. Paragraphs 1 through 8 are incorporated by reference as if fully set forth herein.14. On the date of Emily Blake's illness, Pinewood Camp, as the defendant, held the position of temporary caretaker responsible for Emily's health, safety, and wellbeing. This role entailed several crucial duties. Pinewood Camp was obligated to provide Emily with timely and competent care to ensure her health, safety, and wellbeing. The camp owed Blake, as Emily's legal guardian, the duty of prompt and accurate communication regarding his daughter's condition.15. Pinewood Camp failed to fulfill these obligations in multiple ways: The camp breached its duty of care to Emily by delaying her transfer to the hospital and failing to recognize the symptoms of toxic shock syndrome. These failures in duty contributed to the severe compromise of Emily's health while at camp and potentially to her subsequent death. Pinewood Camp also breached its duty to Blake by not conveying the urgency of Emily's situation, and by its failure to inform him of Emily's hospital transfer before he traveled to the camp. The consequences of these breaches were severe, including Blake's ability to reach and care for his daughter was significantly impeded, and robbing him of his last opportunity to be with Emily while she was still alive.16. As a direct result of Pinewood Camp's negligence, Blake endured severe emotional distress and incurred damages including: a) Past and future expenses for necessary psychiatric care b) Past mental anguish c) Ongoing and future mental anguish VII. JURY DEMAND17. Plaintiff requests a trial by jury and tenders the appropriate fee with the filing of this petition. VIII. PRAYER FOR RELIEF18. WHEREFORE, PREMISES CONSIDERED, Plaintiff Jordan Blake respectfully prays that the Defendant Pinewood Camp be cited to appear and answer herein and that upon a final hearing of the cause, judgment be entered for the Plaintiff against the Defendant for the following: (1) Damages in an amount within the jurisdictional limits of the Court; (2) Pre- and post-judgment interest at the maximum rate allowed by law; (3) Costs of Court; and (4) All and other further relief to which the Plaintiff is entitled at law or in equity. Respectfully submitted, Johnson & Associates, PLLC James (Jim) Johnson, Esq.State Bar No. 523400211500 Elm StreetSuite 4500Dallas, TX 75201Telephone: (713) 555-7890jimjohnson@gmail.com ATTORNEY FOR PLAINTIFF
CAUSE NO. 26794388
Petitioner,
v
PINEWOOD CAMP, a Corporation
Defendants.
))))))))))
IN THE DISTRICT COURT OF
HARRIS COUNTY, TEXAS
_____ JUDICIAL DISTRICT
PLAINTIFF'S ORIGINAL PETITION AND JURY DEMAND
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Jordan Blake ("Blake"), Plaintiff in the above entitled and numbered cause, and files this his Plaintiff's Original Petition, and in support thereof would respectfully show unto this Court the following:
GENERAL ALLEGATIONS
I. DISCOVERY CONTROL PLAN
1. Blake intends to conduct discovery in this matter under Level 2 of Rule 190 of the TEXAS RULES OF CIVIL PROCEDURE.
II. PARTIES
2. Plaintiff is a resident of the State of Texas.
3. Defendant Pinewood Camp is an organization, which may be served at its place of business, located at 800 Pinewood Drive, Lakeside, Texas 75001, Lakeside County, Texas.
III. JURISDICTION AND VENUE
4. This Court has original jurisdiction in this matter pursuant to the laws of the State of Texas. The amount in controversy exceeds the minimum jurisdictional limits of this Court.
5. This Court has original jurisdiction in this matter pursuant to the laws of the State of Texas. The amount in controversy is less than the maximum jurisdictional limits of this Court.
IV. BACKGROUND FACTS
6. On July 31, 2019, tragedy struck the Blake family when their daughter, Emily, fell gravely ill while attending a summer camp. Emily, a participant in a two-month residential program at Pinewood Camp in Lakeside, Texas, suddenly developed a severe fever and infection. The camp staff, recognizing the seriousness of Emily's condition, contacted her father, Blake, requesting that he come to collect her. Responding promptly, Blake departed from Houston the following day to retrieve his daughter.
7. The sudden loss of Emily, his only daughter, devastated Blake and irrevocably altered the course of his life as a single father. The emotional toll of this tragedy extended far beyond the immediate financial burdens of emergency medical care and funeral expenses. In the wake of Emily's passing, Blake has grappled with severe depression and anxiety, necessitating ongoing psychiatric care and treatment. This profound grief has cast a long shadow over Blake's life, affecting his mental health and daily functioning. The void left by Emily's absence continues to be a source of deep emotional pain, highlighting the enduring impact of such a significant loss on a parent's life.
8. On January 10th, 2023, Blake received an unexpected phone call that would reignite the pain of his loss while shedding new light on the circumstances surrounding Emily's death. The caller was the mother of one of Emily's friends, a fellow attendee at Pinewood Camp during that fateful summer of 2019. This conversation revealed a startling truth: Emily had succumbed to Toxic Shock Syndrome, a rare but severe condition affecting only about 3.5 per 100,000 individuals annually in the United States. Even more shocking was the revelation that Emily's case was not an isolated incident at the camp that summer, but the second such occurrence. The information hit Blake like a thunderbolt. For years, he had been led to believe that the cause of Emily's death was an unidentified infection. Now, he learned that the staff at Pinewood Camp had been aware that Emily's illness was their second case of Toxic Shock Syndrome that summer. This knowledge had been withheld from Blake in 2019, leaving him in the dark about the true nature of the tragedy that had befallen his daughter. This revelation not only reopened old wounds but also raised serious questions about the camp's transparency and handling of the situation, adding a layer of betrayal to Blake's ongoing grief.
CAUSES OF ACTION
V. FIRST CAUSE OF ACTION: NEGLIGENCE
9. Paragraphs 1 through 8 are incorporated by reference as if fully set forth herein.
10. Defendant Pinewood Camp, as a residential summer camp and temporary caretaker of Emily Blake, owed a duty of care to Emily and her father, Blake. This duty included providing reasonable care for Emily's health and safety, as well as timely and accurate communication with Blake regarding his daughter's condition. The standard of care expected from Defendant includes prompt recognition and response to medical emergencies, timely transfer to appropriate medical facilities when necessary, and clear communication with parents or guardians about a child's health status.
11. Defendant Pinewood Camp breached its duty of care through various acts and omissions, including but not limited to: failing to promptly recognize and respond to Emily's symptoms of toxic shock syndrome; delaying Emily's transfer to the hospital; failing to inform Blake of the true urgency of Emily's condition; and neglecting to notify Blake of Emily's hospital transfer before he traveled to the camp. These breaches fell below the standard of care reasonably expected of a residential summer camp acting as a temporary caretaker.
12. As a direct and proximate result of Defendant's negligence, Emily suffered severe health complications leading to her untimely death, and Blake endured significant emotional and financial damages.
VI. SECOND CAUSE OF ACTION: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
13. Paragraphs 1 through 8 are incorporated by reference as if fully set forth herein.
14. On the date of Emily Blake's illness, Pinewood Camp, as the defendant, held the position of temporary caretaker responsible for Emily's health, safety, and wellbeing. This role entailed several crucial duties. Pinewood Camp was obligated to provide Emily with timely and competent care to ensure her health, safety, and wellbeing. The camp owed Blake, as Emily's legal guardian, the duty of prompt and accurate communication regarding his daughter's condition.
15. Pinewood Camp failed to fulfill these obligations in multiple ways: The camp breached its duty of care to Emily by delaying her transfer to the hospital and failing to recognize the symptoms of toxic shock syndrome. These failures in duty contributed to the severe compromise of Emily's health while at camp and potentially to her subsequent death. Pinewood Camp also breached its duty to Blake by not conveying the urgency of Emily's situation, and by its failure to inform him of Emily's hospital transfer before he traveled to the camp. The consequences of these breaches were severe, including Blake's ability to reach and care for his daughter was significantly impeded, and robbing him of his last opportunity to be with Emily while she was still alive.
16. As a direct result of Pinewood Camp's negligence, Blake endured severe emotional distress and incurred damages including:
a) Past and future expenses for necessary psychiatric care
b) Past mental anguish
c) Ongoing and future mental anguish
VII. JURY DEMAND
17. Plaintiff requests a trial by jury and tenders the appropriate fee with the filing of this petition.
VIII. PRAYER FOR RELIEF
18. WHEREFORE, PREMISES CONSIDERED, Plaintiff Jordan Blake respectfully prays that the Defendant Pinewood Camp be cited to appear and answer herein and that upon a final hearing of the cause, judgment be entered for the Plaintiff against the Defendant for the following:
(1) Damages in an amount within the jurisdictional limits of the Court;
(2) Pre- and post-judgment interest at the maximum rate allowed by law;
(3) Costs of Court; and
(4) All and other further relief to which the Plaintiff is entitled at law or in equity.
Respectfully submitted,
Johnson & Associates, PLLC
James (Jim) Johnson, Esq.
State Bar No. 52340021
1500 Elm Street
Suite 4500
Dallas, TX 75201
Telephone: (713) 555-7890
jimjohnson@gmail.com
ATTORNEY FOR PLAINTIFF
Reformatting may be required when pasting the above into a Word document, including double spacing.