CAUSE NO.

____________________
MICAH B. PHILLIPS,

PLAINTIFF,
V.

DWAINE CARAWAY,
DEFENDANT.

IN THE DISTRICT COURT FOR

DALLAS COUNTY, TEXAS

_____ 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 reasonable
probability, continue to suffer in the future; and

3.

loss of earning capacity the Plaintiff has suffered in the past and the loss of
earning capacity the Plaintiff will, in reasonable probability, continue to
suffer 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. Martin
State Bar No. 13052400
Thomas Wm. Arbon
State Bar No. 01284275
3219 McKinney Avenue, Suite 100
Dallas, Texas 75204
(214) 761-6614 (voice)
(214) 744-7590 (facsimile)
Bmartin@bencmartin.com
Tarbon@bencmartin.com
ATTORNEYS FOR PLAINTIFF

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