166-335

Electronically Filed 11/12/2015 11:20:55 AM

Sarah Loucks, District Clerk
Bastrop County, Texas
By: Katy Nyc, Deputy

CAUSE NO. ______________

ARNO & DARLENE BOHM;
EDWIN & NATALIE BROWN;
TERRY & BRENDA BURGAN;
MELODY CHATELLE & EDWARD R. ZAMORA;
KENNETH ECKERT & CATHERINE LISA SKYE
KEITH HELFRICH; JOHN & LORI IACOLETTI;
MICHAEL & DELORES LINSCOMB;
JIM MAXWELL; RICHARD MONINGER;
DENNIS MONINGER; GREG MOORE;
GEORGE & LINDA ODOM
CHRISTOPHER PARKS; SHERRY PARROTT;
DAVID ANTHONY PARROTT;
STEPHEN & SANDRA RICKS;
JAN EMERSON RILEY; BARBARA A. SMITH;
GEORGE & SANDRA STOKES;
MARK & PENELOPE WHITING; and,
JIM & MICHELLE WILLIS
Plaintiffs,
v.
JIMMIE LUECKE, individually and as
general partner of the Jimmie Luecke Children
Partnership, Ltd.; and,
JIMMIE LUECKE CHILDREN PARTNERSHIP
LTD.
Defendants.

IN THE DISTRICT COURT OF

BASTROP COUNTY, TEXAS

_____JUDICIAL DISTRICT

PLAINTIFFS ORIGINAL PETITION

TO THE HONORABLE JUDGE OF THIS COURT:
NOW COMES, ARNO & DARLENE BOHM; EDWIN & NATALIE BROWN; TERRY
& BRENDA BURGAN; MELODY B. CHATELLE & EDWARD R. ZAMORA; KENNETH
ECKERT & CATHERINE LISA SKYE; KEITH HELFRICH; JOHN & LORI IACOLETTI;
MICHAEL & DELORES LINSCOMB; JIM MAXWELL; RICHARD MONINGER; DENNIS
MONINGER; GREG MOORE; GEORGE & LINDA ODOM; CHRISTOPHER PARKS;
SHERRY PARROTT; DAVID ANTHONY PARROTT; STEPHEN & SANDRA RICKS; JAN

PLAINTIFFS ORIGINAL PETITION

EMERSON RILEY; BARBARA A. SMITH; GEORGE & SANDRA STOKES; MARK &
PENELOPE WHITING; and, JIM & MICHELE WILLIS (collectively, PLAINTIFFS),
complaining of: 1) JIMMIE LUECKE, individually, and his capacity as general partner of the
Jimmie Luecke Children Partnership, Ltd.; and, 2) the JIMMIE LUECKE CHILDREN
PARTNERSHIP, LTD, (collectively, DEFENDANTS or LUECKE), and for cause of action
against the same respectfully shows the court the following:
I.

DISCOVERY

Plaintiffs plead that discovery in this matter should be conducted pursuant to a discovery
control plan under Rule 190 (Level 3) of the Texas Rules of Civil Procedure.
II.

PARTIES

Plaintiffs, Arno Bohm and Darlene Bohm, are natural persons with a residence in Bastrop
County, Texas.
Plaintiffs, Edwin Brown and Natalie Brown, are natural persons with a residence in
Bastrop County, Texas.
Plaintiffs, Arno Bohm and Darlene Bohm, are natural persons with a residence in Bastrop
County, Texas.
Plaintiffs, Terry Burgan and Brenda Burgan, are natural persons with a residence in
Bastrop County, Texas.
Plaintiffs, Edward R. Zamora and Melody B. Chatelle, are natural persons with a
residence in Bastrop County, Texas.
Plaintiffs, Kenneth Eckart and Catherine Lisa Skye, are natural persons with a residence
in Bastrop County, Texas.
Plaintiff, Keith Helfrich, is a natural person with a residence in Bastrop County, Texas.

PLAINTIFFS ORIGINAL PETITION

Plaintiff, John Iacoletti and Lori Iacoletti, are natural persons with a residence in Bastrop
County, Texas.
Plaintiffs, Michael Linscomb and Delores Linscomb, are natural persons with a residence
in Bastrop County, Texas.
Plaintiff, Jim Maxwell, is a natural persons with a residence in Bastrop County, Texas.
Plaintiff, Richard Moninger, is a natural person with a residence in Bastrop County,
Texas.
Plaintiff, Dennis Moninger, is a natural person with a residence in Bastrop County,
Texas.
Plaintiff, Greg Moore, is a natural person with a residence in Bastrop County, Texas.
Plaintiffs, George Odom and Linda Odom, are natural persons with a residence in
Bastrop County, Texas.
Plaintiff, Christopher Parks, is a natural person with a residence in Bastrop County,
Texas.
Plaintiffs, Sherry Parrott and Christopher Anthony Parrott, are natural persons with a
residence in Bastrop County, Texas.
Plaintiffs, Stephen Ricks and Sandra Ricks, are natural persons with a residence in
Bastrop County, Texas.
Plaintiff, Jan Emerson Riley, is a natural person with a residence in Bastrop County,
Texas.
Plaintiffs, George Stokes and Sandra Stokes, are natural persons with a residence in
Bastrop County, Texas.

PLAINTIFFS ORIGINAL PETITION

Plaintiff, Barbara A. Smith, is a natural person with a residence in Bastrop County,

Texas.
Plaintiffs, Mark Whiting and Penelope Whiting, are natural persons with a residence in
Bastrop County, Texas.
Plaintiffs, Jim Willis and Michelle Willis, are natural persons with a residence in Bastrop
County, Texas.
Defendant, JIMMIE LUECKE CHILDREN PARTNERSHIP, LTD. is a Texas limited
partnership with a principal office in Giddings, Lee County, Texas. Jimmie Luecke Children
Partnership, Ltd. may served by serving its registered agent and general partner, Jimmie
Luecke, 521 Edgewood, Giddings, Texas 78942.
Defendant, JIMMIE LUECKE, is the general partner of JIMMIE LUECKE CHILDREN
PARTNERSHIP, LTD. and a natural person with a residence in Lee County, Texas. Service
upon Jimmie Luecke in his capacity as general partner and registered agent of JIMMIE
LUECKE CHILDREN PARTNERSHIP, LTD. is effective service upon JIMMIE LUECKE,
individually. As such, no additional service is requested or necessary at this time.
III.

JURISDICTION AND VENUE

This Court has venue over Defendants pursuant to Civil Practices and Remedies Code
15.002(a)(2) because all or a substantial part of the events giving rise to this lawsuit occurred in
Bastrop County, Texas. The claims are within the jurisdiction of the district court as the value of
such claims exceeds its minimal jurisdictional limits.
$1,000,000.00.

PLAINTIFFS ORIGINAL PETITION

Plaintiffs seek monetary relief over

IV.

MEANING OF DEFENDANT

Whenever it is alleged in this complaint that Defendants did any act or thing, it is meant
that Defendant(s), Defendants officers, vice-principals, agents, ostensible agents, apparent
agents, agents by estoppel, servants, employees, and/or representatives did such act or thing and
that at the time such act or thing was done, it was done with the full authorization and ratification
of Defendant(s) and was done in the normal and routine course and scope of employment of
Defendants officers, agents, ostensible agents, apparent agents, agents by estoppel, servants,
employees, and/or representatives.
Whenever it is alleged in this complaint that Defendants omitted any acts, omissions,
and/or things, it is meant that Defendant(s), Defendants officers, agents, ostensible agents,
apparent agents, agents by estoppel, servants, employees, and/or representatives omitted such
acts, omissions, and/or things. Hereinafter, whenever the term Defendant or Defendants is
used in this pleading, it includes Defendant(s), Defendants officers, agents, ostensible agents,
apparent agents, agents by estoppel, servants, employees, and/or representatives.
V.

FACTS

On August 6, 2015, recognizing that Bastrop County had not had rainfall for an
extended period, Bastrop County officials issued a Declaration recognizing the imminent
threat of a large, dangerous and fast-moving wildfire and that such a fire could escalate to
major proportions.
On September 28, 2015, Bastrop County officials issued an Order prohibiting a person
from caus[ing the] ignition of any combustible or vegetative material outside of an enclosure
which serves to contain all flames and/or sparks, or orders such burning or ignition by others.

PLAINTIFFS ORIGINAL PETITION

On October 12, 2015, the National Weather Service issued a next-day warning for South
Central Texas of Elevated Fire Weather because of very low humidity and wind gusts up to 20
m.p.h. in combination with dry fuels.
On October 13, 2015, Defendants were engaged in vegetation management operations on
their land.

Defendants owed a duty to reasonably foreseeable property owners, such as

Plaintiffs, to not engage in acts and/or omissions which pose an unreasonable risk of harm.
Defendants knew, or should known, that environmental conditions in Bastrop County were
favorable for a fire to quickly start and get out of control while they were engaged in their
vegetation management operations. Defendants failed in their duty to exercise reasonable care
when they engaged in conduct which caused the ignition of combustible or vegetative material
outside of an enclosure which serves to contain all flames and/or sparks, or ordered such conduct
by others.

Defendants breach of duty was a proximate cause of a fire which escaped

Defendants land and proximately caused damages to Plaintiffs.

VI.

FIRST CAUSE OF ACTION - NEGLIGENCE

Plaintiffs repeat and re-allege each and every allegation made above, fully incorporating
those allegations as though fully set forth herein.
Defendants owed a duty to reasonably foreseeable property owners, such as Plaintiffs, to
conduct its vegetation management operations in a reasonably prudent manner. Defendants
failed in their duty to exercise reasonable care by, among other things:
a)

Conducting large-scale vegetation management operations in conditions that

posed an unreasonable risk of igniting a wildfire;

b)

Failing to adequately operate and/or maintain vegetation management equipment;

c)

Failing to pre-deploy adequate fire suppression measures, personnel and/or

equipment to extinguish unintended fires.

PLAINTIFFS ORIGINAL PETITION

VII.

SECOND CAUSE OF ACTION NEGLIGENCE PER SE

Plaintiffs repeat and re-allege each and every allegation made above, fully incorporating
those allegations as though fully set forth herein.
Plaintiffs were within the class of persons Bastrop County officials intended to protect
when they issued their September 28, 2015 Order prohibiting a person from caus[ing the]
ignition of any combustible or vegetative material outside of an enclosure which serves to
contain all flames and/or sparks, or orders such burning or ignition by others. Defendants
violated the spirit and the letter of that Order when Defendants engaged in conduct which caused
the ignition of vegetative material resulting in a wildfire that spread to Plaintiffs properties
causing Plaintiffs damages. At the time Defendants violated the September 28, 2015 Order,
Defendants were not engaged in welding operations or any other activity that was excused by the
Order.
VIII. THIRD CAUSE OF ACTION - TRESPASS
Plaintiffs repeat and re-allege each and every allegation made above, fully incorporating
those allegations as though fully set forth herein.
At all relevant times, Plaintiffs were the owners, tenants, and/or lawful occupiers of
property damaged by the fire started by Defendants conduct. Despite the fact that Defendants
knew, or should have known of the elevated risk of wildfires on October 13, 2011, Defendants
engaged in conduct which ignited a fire that escaped Defendants property. Defendants acts
and/or omissions in allowing the fire to ignite and/or spread constituted an unlawful physical
entry upon Plaintiffs land and dominion over Plaintiffs personal property.
Defendants conduct constituted a trespass to Plaintiffs land and/or chattels.

PLAINTIFFS ORIGINAL PETITION

As such,

IX.

DEMAND FOR JURY TRIAL

Plaintiffs hereby requests a trial by jury. Plaintiffs are deposition the jury fee herewith
with the Clerk of this Court in compliance with Rule 216 of the Texas Rules of Civil Procedure.
X.

DAMAGES

As a direct and proximate cause of Defendants negligence, negligence per se and

trespass, Plaintiffs have suffered and seek compensation for the following injuries and damages:
A.

Loss of destroyed and/or damaged personal property;

B.

Loss of destroyed and/or damaged dwellings and other structures;

C.

Diminution of land values;

D.

Cost to clear destroyed structures, destroyed trees and other such debris;

E.

Loss of personal wages;

F.

Loss of business profits;

G.

Temporary living expenses;

H.

Pre- and post-judgment interest; and

I.

Costs of court.
XV.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiffs respectfully pray that upon trial

of this cause, this Honorable Court enter judgment for Plaintiffs against Defendants, jointly and
severally, for their damages as pled herein, and for all such other and further relief, general and
special, at law or in equity, to which Plaintiffs may show themselves to be justly entitled.

PLAINTIFFS ORIGINAL PETITION

Respectfully submitted,
WILLIAM G. ROSSICK, LLLP

ROBERT D. KIZER
ATTORNEY AT LAW

___________________________
William G. Rossick
State Bar No. 00789597
200 Congress Avenue, Suite 14C
Austin, Texas 78701
Phone: 512.520.6646
Fax: 512.402.6959
bill@rossicklaw.com

___/s/ Robert D. Kizer___________

Robert D. Kizer
State Bar No.
11547500
1128-B Highway 21 East
Bastrop, Texas 78602
Phone: 512.581.4100
Fax: 512.581.0060
robert@robertkizerlaw.com
CO-COUNSEL FOR PLAINTIFFS

CO-COUNSEL FOR PLAINTIFFS

PLAINTIFFS ORIGINAL PETITION