CAUSE NO. ____________________

MICAH B. PHILLIPS, IN THE DISTRICT COURT FOR

PLAINTIFF,

V. DALLAS COUNTY, TEXAS

DWAINE CARAWAY,

DEFENDANT. _____ JUDICIAL DISTRICT

PLAINTIFFS ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW Micah B. Phillips, Plaintiff, and files this his Original Petition complaining of

Dwaine Caraway, Defendant, and for cause of action would respectfully show the Court as follows:

I.DISCOVERY CONTROL PLAN

Discovery in this matter is intended to be conducted under Level 3 of the Texas Rules of

Civil Procedure.

II.PARTIES AND VENUE

Plaintiff Micah B. Phillips (XXX XX X603) is an individual who resides in Dallas County,

Texas.

Defendant, Dwaine Caraway, (TX DL XXXXXX386) is an individual who resides in the

City of Dallas, Dallas County, Texas. This Defendant can be served by delivering the citation with

a copy of the petition attached to Dwaine Caraway, 1934 Argyle Ave., Dallas, Texas 75203.

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Venue is proper in this county pursuant to the Texas Civil Practice and Remedies Code

because the cause of action arose in Dallas County, Texas.

III.FACTS

Plaintiff Phillips has suffered serious personal and economic injury because Defendant

Dwaine Caraway published false statements about Mr. Phillips and his business. Specifically, the

Defendant stated that Mr. Phillips was a gangster who shot up my house, shot up my bus, and

threatened us. Defendant Caraway also published the false statement that Mr. Phillips was a con

artist who could not be trusted. As a result of the Defendants statements, Mr. Phillips has

suffered harm to his reputation and his business.

On February 25, 2016, Defendant Caraway was interviewed by Shaun Rabb on Fox 4 News

in Dallas, Texas. In that interview, which was broadcast by the T.V. news station and published on

its website, Defendant Caraway falsely stated Ms. Phillips was a gangster, that he was involved in

shooting up the Defendants home and bus and that he was a con artist who could not be trusted.

As a result of Defendant Caraways affirmative statements of fact, Plaintiff Phillips has

incurred substantial loss of his reputation and emotional distress.

IV.DEFAMATION/SLANDER

Defendant Caraway maliciously published false, defamatory statements of fact about the

Plaintiff. The false statements include, but are not limited to:

1) Mr. Phillips is a gangster;

2) Mr. Phillips shot up the Defendants home and property;

3) Mr. Phillips threatened the Defendant; and

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4) Mr. Phillips is a con artist and not trustworthy.

By his words, Defendant Caraway published to Shaun Rabb and the viewers of Fox 4 News

defamatory statements regarding the Plaintiff without justification or excuse. More specifically, by

his statements directly, and by innuedo or implication, Defendant Caraway communicated to Mr.

Rabb and the viewers of Fox 4 News that Mr. Phillips had committed a crime.

The defamatory communications published by the Defendant were false. The slanderous

message being communicated was not ambiguous and was not susceptible of having any meaning

other than the fact that Mr. Phillips had committed a crime.

The Defendants words constitute defamation per se.

It is clear that when Defendant Caraway made his defamatory statements, he acted

maliciously, in that he knew that the defamatory statements were false yet he made the statements

without regard to the truth of his defamatory communications or with reckless disregard for whether

the statements were false.

The Defendants defamatory words and conduct were a proximate cause of Mr. Phillips

actual damages.

V.DAMAGES

As a direct and proximate result of the false and defamatory statements made by Defendant

Caraway, Plaintiff has suffered significant damages.

Specifically, Plaintiff has incurred and suffered the following damages for which he seeks

recovery:

1. loss of reputation and character the Plaintiff has suffered in the past and will,in reasonable probability, continue to suffer in the future;

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2. mental anguish Plaintiff has suffered in the past and will, in reasonableprobability, continue to suffer in the future; and

3. loss of earning capacity the Plaintiff has suffered in the past and the loss ofearning capacity the Plaintiff will, in reasonable probability, continue tosuffer in the future.

VI.EXEMPLARY DAMAGES

The Defendants conduct, when viewed objectively, involved an extreme degree of risk,

considering the probability and magnitude of potential harm to the Plaintiff. The Defendant had

actual, subjective awareness of the risk, but nevertheless proceeded with conscious indifference to

the rights, safety, or welfare of Plaintiff. As a result of such egregious conduct, Plaintiff is entitled

to exemplary damages.

In the alternative, the Plaintiff will show that through his words and conduct, the Defendant

acted with the specific intent to slander, defame and substantially injure or harm Mr. Phillips. As a

result, Plaintiff is entitled to exemplary damages.

VII.RULE 47 STATEMENT

As required by Texas Rule of Civil Procedure 47(c) Plaintiffs counsel states that the

Plaintiff seeks monetary relief of more than $1,000,000.00, including damages of any kind, costs,

expenses, pre-judgment interest and post judgment interest; however, the amount of monetary relief

actually awarded will ultimately be determined by the jury

VIII.INTENT TO USE DEFENDANTS DOCUMENTS

Any documents produced by the Defendant in response to written discovery will be used by

Plaintiff at any pretrial proceeding or trial.

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IX.JURY TRIAL

Plaintiff demands a jury trial and tenders the appropriate fee.

X.RULE 194 REQUEST FOR DISCLOSURE

Plaintiff requests that the Defendant disclose, within fifty (50) days of service, the materials

described in Rule 194.2 of the Texas Rules of Civil Procedure.

WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Defendant be cited to appear

and answer herein and upon final trial hereof, he take, have and recover, of and from said Defendant,

the above damages, exemplary damages, costs of court, pre-judgment interest, post-judgment

interest, and for such other and further relief to which he may show himself to be justly entitled.

Respectfully submitted,

LAW OFFICES OF BEN C. MARTIN

/s/ Ben C. Martin Ben C. MartinState Bar No. 13052400Thomas Wm. ArbonState Bar No. 012842753219 McKinney Avenue, Suite 100Dallas, Texas 75204(214) 761-6614 (voice)(214) 744-7590 (facsimile)Bmartin@bencmartin.comTarbon@bencmartin.com

ATTORNEYS FOR PLAINTIFF

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