PLAINTIFFS' SECOND SUPPLEMENTAL AND AMENDING PETITION FOR DAMAGES
The Second Supplemental and Amending Petition for Damages of Patsy Ann Byers and her husband, Lonnie Wayne Byers, individually and as natural tutor for Jacob Eugene Byers, age 13, Joshua Noah Byers, age 4, and Ladonna Marie Byers, domiciled in Tangipahoa Parish, with respect represent:
I.
Made defendants herein are the following:
1. SARAH EDMONDSON, of lawful age of majority and a resident of Louisiana who can be served in the Tangipahoa Parish Jail.
2. BENJAMIN DARRUS, of lawful age of majority and a resident of Louisiana who can be served in the Tangipahoa Parish Jail.
3. JAMES E. EDMONDSON, of lawful age of majority and resident of 601 North 13th Street, Muskogee, Oklahoma 74401-3724
4. SUZANNE EDMONDSON, of lawful age of majority and resident of 601 North 13th Street, Muskogee, Oklahoma 74401-3724
5. USAA CASUALTY INSURANCE COMPANY, San Antonio, Texas, 78288, a foreign company doing business in Louisiana, United Services Automobile Association a/k/a, d/b/a and USAA Life Insurance Company, a/k/a, d/b/a and USAA General Indemnity Company, (hereinafter USAA)
6. UNITED SERVICES AUTOMOBILE ASSOCIATION, San Antonio, Texas, a foreign company doing business in Louisiana, a/k/a, d/b/a, and USAA Life Insurance Company, a/k/a, d/b/a and USAA General Indemnity Company a/k/a, d/b/a and USAA Casualty Insurance Company, (hereinafter USAA)
7. USAA GENERAL INDEMNITY COMPANY, San Antonio, Texas, a foreign company doing business in Louisiana, a/k/a, d/b/a, and USAA Life Insurance Company, a/k/a, d/b/a and USAA General Indemnity Company a/k/a, d/b/a and USAA Casualty Insurance Company, (hereinafter USAA)
8. WARNER HOME VIDEO, INC., a/k/a and d/b/a and Warner Brothers, a/k/a and d/b/a and Warner Brothers, Inc., a/k/a and d/b/a and Time Warner Entertainment Company, L.P., a/k/a and d/b/a and Time Warner Entertainment Company, Inc., a/k/a and d/b/a and Time Warner Entertainment Company, a/k/a and d/b/a and Warner Home Video, a/k/a and d/b/a and Time Warner, Inc., a/k/a and d/b/a and Time Warner, 4000 Warner Boulevard, Burbank, California 91505, a foreign corporation and/or partnership doing business in the State of Louisiana, (hereinafter Hollywood Defendants)
9. WARNER BROTHERS, INC., a/k/a and d/b/a and Warner Brothers, a/k/a and d/b/a and Warner Home Video, Inc. a/k/a and d/b/a and Time Warner Entertainment Company, L.P., a/k/a and d/b/a and Time Warner Entertainment Company, Inc., a/k/a and d/b/a and Time Warner Entertainment Company, a/k/a and d/b/a and Warner Home Video, a/k/a and d/b/a and Time Warner, Inc., a/k/a and d/b/a and Time Warner, 4000 Warner Boulevard, Burbank, California 91505, a foreign corporation and/or partnership doing business in the State of Louisiana, (hereinafter Hollywood Defendants)
10. TIME WARNER ENTERTAINMENT COMPANY, L.P., a/k/a and d/b/a and Warner Brothers, a/k/a and d/b/a and Warner Brothers, Inc., a/k/a and d/b/a and Warner Home Video, Inc. a/k/a and d/b/a and Time Warner Entertainment Company, Inc., a/k/a and d/b/a and Time Warner Entertainment Company, a/k/a and d/b/a and Warner Home Video, a/k/a and d/b/a and Time Warner, Inc., a/k/a and d/b/a and Time Warner, 4000 Warner Boulevard, Burbank, California 91505, a foreign corporation and/or partnership doing business in the State of Louisiana, 500 N. Brand Boulevard, Glendale, CA 91203 and N.Y., N.Y., a Delaware Limited Partnership doing business in Louisiana, (hereinafter Hollywood Defendants)
11. TIME WARNER, INC., a/k/a and d/b/a and Warner Brothers, a/k/a and d/b/a and Warner Home Video, Inc. a/k/a and d/b/a and Time Warner Entertainment Company, Inc., a/k/a and d/b/a and Time Warner Entertainment Company, a/k/a and d/b/a and Warner Home Video, a/k/a and d/b/a and Time Warner, a/k/a and d/b/a and Warner Brothers, Inc., a/k/a and d/b/a and Time Warner Entertainment Company, L.P., a/k/a and d/b/a and Warner Home Video, Inc., 4000 Warner Boulevard, a Delaware corporation doing business in Louisiana, (hereinafter Hollywood
11. REGENCY ENTERPRISES, a/k/a and d/b/a and Regency Enterprises, Inc., a California, doing business in the State of Louisiana, (hereinafter Hollywood Defendants)
12. ALCOR FILMS, a/k/a and d/b/a and Alcor Films,Inc., upon information and belief, a foreign corporation doing business in the State of Louisiana, (hereinafter Hollywood Defendants)
13. J.D. PRODUCTIONS, a/k/a and d/b/a and J.D. Productions, Inc, upon information and belief, a California corporation doing business in the State of Louisiana, (hereinafter Hollywood Defendants)
14. OLIVER STONE, upon information and belief, a resident of California doing business in Louisiana (hereinafter Hollywood Defendants)
II.
On March 8, 1995 in Ponchatoula, Louisiana, Sarah Edmondson and Benjamin Darrus acting together shot and seriously wounded Patsy Ann Byers during an armed robbery of a Time Saver convenience store in Ponchatoula, Louisiana.
IIA.
Upon information and belief, Sarah Edmondson and Benjamin Darrus shot Patsy Ann Byers with a weapon they obtained from a cabin owned by Sarah's parents, James E. Edmondson and Suzanne Edmondson.
IIB.
Upon information and belief, defendants James E. Edmondson and Suzanne Edmondson were insured by one or more insurance companies, more particularly, but not exclusively, the companies hereinabove referred to as USAA.
IIC.
Upon information and belief, defendants Benjamin Darrus and Sarah Edmondson, went upon a crime spree culminating in the shooting and permanent injury to Patsy Ann Byers as a result of seeing and becoming inspired by the movie "Natural Born Killers" produced, directed and distributed by the Hollywood defendants.
III.
Patsy Ann Byers' lawful husband in Lonnie Wayne Byers. She has two minor children, Jacob Eugene Byers and Joshua Noah Byers, and one major child, Ladonna Marie Byers.
IV.
As a result of the shooting, Patsy Ann Byers was hospitalized in Houston, Texas paralyzed from the chest down and on a breathing machine. She has suffered grievous injuries necessitating astronomical medical bills and complete and permanent disability.
V.
The incident sued on herein is inexplicable without resort to the presumption of negligence and the applicability of the doctrine of res ipsa loquitur in view of the fact that the defendants, Sarah Edmondson and Benjamin Darrus shot Patsy Ann Byers with no remorse and left her to die on the floor of the convenience store.
V(A).
Defendant, Sarah Edmondson is further negligent more particularly, but not exclusively, in shooting Patsy Ann Byers, in failing to attempt to obtain for her medical assistance, and for such other negligence as will be learned during discovery and shown at trial of this matter.
V(B).
Defendant Benjamin Darrus is further negligent, more particularly but not exclusively, in accompanying Sarah Edmondson upon her shooting spree, in encouraging her to engage in same, in assisting her, in driving away, in failing to obtain medical assistance for Patsy Ann Byers, and for such other negligence as will be learned during discovery and shown at trial of this matter.
V(C).
James E. Edmondson and Suzanne Edmondson are negligent, more particularly, but not exclusively, in allowing a loaded weapon to be accessible to defendants, Sarah Edmondson and Benjamin Darrus, particularly in light of their knowledge of the wild recklessness and potential for danger to others each presented, and for such other negligence as shall be learned during discovery and shown at trial of this matter.
V(D).
USAA are liable as the insurers of James E. Edmondson and Suzanne Edmondson who provided coverage for liability of the nature asserted herein against such defendant. Said insurance inures to the benefit of plaintiffs under the provisions of Louisiana Direct Action Statute, La. R.S. 22:655, entitling plaintiffs to maintain this direct action against said defendant insurer, and thereby rendering said defendant insurer liable, in solido, with defendants, for damages as sued for herein.
V(E).
All of the Hollywood defendants are liable, more particularly, but not exclusively for, distributing a film which they knew or should have known would cause and inspire people such as defendants, Sarah Edmondson and Benjamin Darrus, to commit crimes such as the shooting of Patsy Ann Byers, and for producing and distributing a film which glorified the type of violence defendants committed against Patsy Ann Byers by treating individuals who commit such violence as celebrities and heros, as well as for such other negligence as will be learned during discovery and shown at trial of this matter.
VI.
Patsy Ann Byers is entitled to recover from the defendants for their joint negligence and actions as follows:
A.Past, present, and future loss of income; B.Past, present, and future medical expense; C.Past, present, and future loss of enjoyment of life; D.Past, present, and future mental and physical pain and suffering; E.Past, present and future disability and scarring.
VII.
Lonnie Wayne Byers, individually and as tutor of the minor children, Jacob Eugune Byers and Joshua Noah Byers, and Ladonna Marie Byers are entitled to loss of consortium, society and friendship, as well as loss of support from their wife and mother respectfully.
VIII.
Patsy Ann Byers and Lonnie Wayne Byers, individually and as tutor of the minor children, Jacob Eugene Byers and Joshua Noah Byers, and Ladonna Marie Byers, in accordance with Louisiana Code of Civil Procedure Article 2315 et seq., assert action against the defendants, Sarah Edmondson, Benjamin Darrus, James E. Edmondson, Suzanne Edmondson, USAA Casualty Insurance Company, United Services Automobile Association, USAA General Indemnity Company, Warner Home Video, Inc., Warner Brothers, Inc., Time Warner Entertainment Company, L.P., Regency Enterprises, Alcor Films, J.D. Productions, and Oliver Stone, in solido, seeking all such damages as may be reasonable in the premises, including damages for loss of income and ability to earn same, pain and suffering, grief, mental anguish, loss of future support, loss of enjoyment of life and for loss of consortium, service and society.
IX.
The amount sued upon is above the amount necessary for a jury trial under the Louisiana Code of Civil Procedure.
X.
Petitioners are without funds and are unable to pay the costs of court in advance, or as they accrue, or to furnish security and, therefore, desire that they be permitted to proceed forma pauperis.
WHEREFORE, PETITIONERS PRAY, that they be allowed to proceed in forma pauperis, for Leave of Court to file this amended petition, and that defendants be served with a copy of this amended petition, and cited to appear and answer same, and after due proceedings had, that there be judgment in favor of plaintiffs, Patsy Ann Byers and Lonnie Wayne Byers, individually and as tutor of their minor children, Jacob Eugene Byers and Joshua Noah Byers, and one major child, Ladonna Marie Byers, and against defendants, Sarah Edmondson and Benjamin Darrus, James E. Edmondson, Suzanne Edmondson, USAA Casualty Insurance Company, United Services Automobile Association, USAA General Indemnity Company, Warner Home Video, Inc., Warner Brothers, Inc., Time Warner Entertainment Company, L.P., Regency Enterprises, Alcor Films, J.D. Productions, Oliver Stone, jointly and in solido, in an amount reasonable to compensate them for their damages, together with interest thereon from date of judicial demand until paid, all costs of these proceedings, and for all general and equitable relief.
