Tom Mallory's Family Files Civil Suit - KCBD NewsChannel 11 Lubbock

8/25/05

Tom Mallory's Family Files Civil Suit

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A civil lawsuit filed on Thursday reveals names of who may have been with a Lubbock teen the night he overdosed on ecstasy.

The family of a Lubbock teenager who overdosed on ecstasy has filed a wrongful death lawsuit. Louise Stinespring, Thomas Mallory's mother filed the lawsuit just after three Thursday afternoon. The petition names eight minors and a local doctor. The first name on the petition, is Tyler Duane McDougal, son of Lubbock Mayor, Marc McDougal. Next listed is doctor Guy Wells. Followed by seven other minors: Dylan Lynch Burns, James Thomas Blackstock, Nikolas Tyler Wright, Marcus Eli Oates, Barrett Tyler Ballinger, Matthew Koehl Wessels, and Justin Colt Havins.

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Wrongful Death Lawsuit Filed by Family of Thomas Mallory
See the entire 15 page lawsuit document filed by the family of Thomas Mallory. (You will need Acrobat to open this document.)

This court petition says Thomas Mallory ingested ectascy around 6:30 the night of
June 10th. The document claims Tyler McDougal provided the drug. The court document goes on to say 30 minutes later, each named minor defendant allegedly took Mallory to an area known as "The Pit ." The petition says Mallory became sick around 7:30 and that's when doctor Guy Wells was called by minor James Blackstock., who was then allegedly told to take Mallory to Wells' home to put him in the shower and quote..."sober him up."

The petition says quote, "Dr. Wells did not advise James Thomas Blackstock to take Thomas Mallory to the hospital where he would have, in all reasonable medical probability, received life-saving medical attention." The court document also states that the teens named refused to call 9-1-1 or take Mallory to the hospital.

According to the petition... Mallory was then transported again to Lakeridge Golf Course. The petition says quote... "If Thomas Mallory had received appropriate medical care soon after showing unmistakable signs of medical distress, he would be alive today."

The McDougal family released a statement to NewsChannel 11 through their attorney. It reads, in its entirety, "It is our understanding that a lawsuit involving a member of the McDougal family has been filed. We have not received a copy of such lawsuit, although copies were apparently distributed to the media. On advice of counsel, we will have no comment on what allegations have been made, but you may be assured that we will vigorously defend any attempt by Mr. Stark and his clients to enrich themselves by this tragic occurrence." This document was signed by Marc McDougal and his attorney, Jack McClendon.

So far, no criminal charges have been filed against any of the minors or the doctor in this civil lawsuit. The case is expected to go before the grand jury on Tuesday, August 30th. The family is seeking actual and punitive damages.

Thomas Mallory: Autopsy & Toxicology Report
The Lubbock Medical Examiner released Autopsy and Toxicology reports late Tuesday afternoon in the death investigation of 16-year-old Coronado student, Thomas Mallory. Click here to view the complete report.

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