1 Molly K.

Howard
DATSOPOULOS, MacDONALD & LIND, P.C.
2 Central Square Building
201 West Main Street, Suite 201
3 Missoula MT 59802
Telephone: (406) 728-0810
4 Facsimile: (406) 543-0134
Email: mhoward@dmUaw.com
5 mmantei@dmllaw.com

6 Attorney for Plaintiff

8 MONTANA FIRST JUDICIAL DISTRICT COURT

LEWIS AND CLARK COUNTY
9

10 TARA WALKER LYONS, Dept. No.: 3

Cause No.: CDV-2016-547 .
11 Plaintiff,
VS.

12
LARRY ATCHISON; CYNTHIA FIRST AMENDED COMPLAINT
1'3 ATCHISON; and
John Does 2-5,
14
Defendant.
15

16 COMES NOW Tara Walker Lyons, Plaintiff, by and through her counsel of record, .

17 Molly K. Howard, of the law firm Datsopoulos, MacDonald & Lind, P.C., and for her

18 Amended Complaint against Defendants, larry Atchison and Cynthia Atchison, states

19 and alleges as follows:

20 IDENTITY OF THE PARTIES

21 1. Plaintiff Tara Walker Lyons: Plaintiff Tara Walker Lyons (hereinafter "Plaintiff') is

22 an adult woman who was subjected to child sexual abuse and other harm as a direct

FIRST AMENDED COMPLAINT

'I PAGE10F7
 1 and proximate result of the wrongful conduct of Defendants, Larry Atchison and Cynthia

2 Atchison. Plaintiff was at all times relevant a resident of Lewis and Clark County,

3 Montana.

4 2. At all times material hereto, Defendant Larry Atchison was a resident of Lewis

5 and Clark County, Montana.

6 3. At all times material hereto, Defendant Cynthia Atchison was a resident of Lewis

7 and Clark County, Montana.

8 4. Defendants John Doe 2-5 are persons whose identities are as yet undetermined,

9 but who may have liability for Plaintiff's claims.

10 JURISDICTION AND VENUE

11 5. Jurisdiction and venue over this matter, upon filing of this Complaint and Demand

12 for Jury Trial, rests with this Court pursuant to M.R.Civ.P. 48 and Mont. Code Ann. §

13 25-2-118(1). Plaintiffs injuries and the underlying causes of action arose from child

14 sexual abuse which occurred in Lewis and Clark County, Montana, between 1994 and

15 2001.

16 GENERAL ALLEGATIONS

17 6. Plaintiff incorporates by reference all other paragraphs of this Complaint as if fully

18 set forth herein.

19 7. Defendant Larry Atchison sexually abused Plaintiff not less than three to four

20 times per month, every month, during the years of 1994, 1995, 1996,1997,1998,1999,

21 2000, and 2001. Plaintiff was 6 years old when the abuse began in 1994.

22

FIRST AMENDED COMPLAINT PAGE20F7

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1 8. At all times material hereto, Defendant Larry Atchison acted in a manner likely to

2 produce great bodily and emotional harm to Plaintiff.

3 9. At all times material hereto, Plaintiff suffered sexual and emotional abuse by Larry

4 Atchison. The child sexual abuse of Plaintiff took a variety of forms. The abuse included,

5 but was not limited- to, forced fondling of mouth, breasts and genitals, digital vaginal

6 penetration, vaginal intercourse, and biting of other areas of the body.

7 10. At all times material hereto, Defendant Cynthia Atchison was aware of, or should

8 have been aware of, Defendant Larry Atchison's inappropriate and predatory conduct

9 towards Plaintiff.

10 11. Defendant Cynthia Atchison failed to act to prevent the sexual abuse of the

11 Plaintiff and furthermore failed to report Plaintiff's sexual abuse of the Plaintiff.

12 12. Plaintiff's cause of action did not begin to accrue until she discovered the acts,

13 abuse andlor exploitation and its causal relationship to her injuries and/or damages.

14 FIRST CAUSE OF ACTION

15 CHILDHOOD SEXUAL ABUSE

16 [Plaintiff v. Larry Atchison]

17 13. Plaintiff incorporates by reference all other paragraphs of this Complaint as if fully

18 set forth herein.

19 14. At all times material hereto, Defendant Larry Atchison negligently or intentionally

20 sexually abused Plaintiff while Plaintiff was a child.

21 15. Plaintiff suffered multiple severe injuries and damages as a direct result of the

22 child sexual abuse, including but not limited to physical injuries, physical and emotional

FIRST AMENDED COMPLAINT PAGE 30F7

 1 pain and suffering, depression, anxiety, substance abuse, and Post Traumatic Stress

2 Disorder.

3 16. Defendant Larry Atchison's negligent or intentional conduct against Plaintiff

4 directly and proximately caused damages to 'Plaintlff.

5 17. Plaintiffs injuries and damages are permanent, progressive and disabling. These

6 damages include both severe physical and emotional injury. These damages include

7 special and general damages to be proven at the time of trial, in an amount now

8· unknown. Plaintiffs claimed damages specifically include all damages allowed by

9 statute and common law.

10 18. Plaintiff did not connect her various injuries to Defendant Larry Atchison's child

11 sexual abuse until undergoing formal substance abuse treatment in 2014.

12 SECOND CAUSE OF ACTION

13 -PUNITIVE DAMAGES

14 [Plaintiff v. Larry Atchison]

15 19. Plaintiff incorporates by reference all other paragraphs of this Complaint as if fully

16 set forth herein.

17 20. At all times material hereto Defendant Larry Atchison acted in conscious or
I

18 intentional disregard for the high probability of injury to Plaintiff when he repeatedly

19 sexually abused Plaintiff while she was a minor child.

20 21. Such acts were committed when it was foreseeable that such acts would cause

21 serious bodily injury to Plaintiff and with wanton and reckless disregard of the harmful

22 results.

FIRST AMENDED COMPLAINT PAGE 4 OF?

 1 22. Defendant Larry Atchison acted with malice because he knew that his actions

2 created a high probability of injury to Plaintiff or intentionally disregarded that his actions

3 created a high probability of injury to Plaintiff. Defendant Larry Atchison, at all times

4 relevant, performed actions that were certain or substantially certain to result in the

5 consequences complained of herein.

6 THIRD CAUSE OF ACTION

7 NEGLIGENT SUPERVISION AND FAILURE TO USE DUE CARE

8 (Plaintiff v. CYnthia Atchison)

9 23. Plaintiff incorporates by reference all other paragraphs of this Complaint as if fully

10 set forth herein.

11 24. Defendant Cynthia Atchison, as the mother of the Plaintiff, owed a duty to Plaintiff

12 to act with reasonable care under the circumstances. Specifically, Defendant Cynthia

13 Atchison had a duty to immediately act in the best interest of her minor child (Plaintiff)

14 upon receiving knowledge that Plaintiff was being sexually exploited by her husband,

15 Defendant Larry Atchsion. Specifically, under Montana law, Defendant Cynthia

16 Atchison owed a duty to Plaintiff, who could have foreseeably been injured by Larry

17 Atchison's conduct, to intervene and. prevent the abuse.

18 25. Defendant Cynthia Atchison breached this duty by failing to act to stop the sexual

19 abuse of Plaintiff that was occurring at the hands of Defendant larry Atchison.

20 26. Defendant Cynthia Atchison's negligent acts include, but are not limited to the

21 following:

22 a. Failure to remove Plaintiff from an unsafe home environment where

FIRST AMENDED COMPLAINT PAGE 5 OF7

 1 sexual abuse was occurring;

2 b. Failure to prevent Defendant Larry Atchsion from having

3 unsupervised access to Plaintiff, despite her knowledge that

4 Defendant Larry Atchsion was sexually abusing Plaintiff;

5 c. Failure to report the sexual abuse of Plaintiff to the proper

6 authorities; and

7 d. Failure to exercise due and adequate care under the

8 circumstances.

9 27. As a direct and proximate result of Defendant Cynthia Atchison's negligent acts

10 and omissions, Plaintiff sustained injuries and damages.

11 WHEREFORE, Plaintiff demands judgment against Defendants for damages as

12 follows:

13 1. Plaintiff's special damages, in an amount to be proven at trial;

14 2. Plaintiffs general damages, in an amount to be proven at trial;

15 3. For punitive damages, in an amount sufficient to serve as a warning and example

16 to others;

17 5. Plaintiff's costs, including reasonable attorney's fees, as permitted by law; and,

18 6. For such other and further relief as the Court deems just and equitable under the

19 relevant circumstances.

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22 1/

FIRST AMENDED COMPLAINT PAGE 6 OF7

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1 JURY TRIAL DEMAND

2 Plaintiff demands a trial by jury on all issues so triable,

3 DATED this f~ay May, 2017.

4 DATSOPOUlOS, MacDONALD & LIND, P.C.

6
Mohif(oward
7 Attorneys for Plaintiff

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FIRST AMENDED COMPLAINT PAGE70F7