Professional Documents
Culture Documents
Houston Texans Lawsuit
Houston Texans Lawsuit
COMES NOW Kristen Grimes (hereinafter “Plaintiff”), and complains of Houston NFL
Holdings, L.P. (hereinafter “Houston Texans”) and Jason Lowrey (“Defendants,” collectively).
In support of all her claims and causes of action, Plaintiff would respectfully show this
toward female employees were not punished. In fact, they were rewarded. Plaintiff has
exhibited the courage to stand against such misconduct, so that the same treatment will not
DISCOVERY LEVEL
2. The discovery in this matter will revolve around the improprieties and related
practices employed by Defendants, and to which Plaintiff was directly subjected. In this regard,
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PLAINTIFF KRISTEN GRIMES’
ORIGINAL PETITION
Page 1
Plaintiff intends for discovery to be conducted at Level 2, pursuant to Rule 190 of the Texas
3. This Court has jurisdiction to hear Plaintiff’s claims under governing Texas law.
Inarguably, the amount in controversy vastly exceeds the minimum jurisdictional limits of this
Honorable Court. Venue is also proper, as the events and objective misconduct giving rise to this
PARTIES
in the business of owning, managing, and marketing a National Football League Franchise,
branded as the Houston Texans. Houston NFL Holdings, L.P. regularly conducts business within
the State of Texas, and may be served with citation and a copy of this petition, through its
registered agent, Capitol Corporate Services, Inc., located at 800 Brazos Street, Suite 400, in
Fort Bend County, Texas. Mr. Lowrey may be served with citation and a copy of this petition,
by serving him at his residence, located at 5802 Peralta Meadow Court, in Richmond, Texas
77407.
7. At all times material hereto, Defendant Jason Lowrey was an agent and employee
of Defendant Houston NFL Holdings, L.P., working both at their direction and with their
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PLAINTIFF KRISTEN GRIMES’
ORIGINAL PETITION
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knowledge. Furthermore, the acts undertaken by Defendant Jason Lowrey described herein were
committed within the course and scope of his employment with Defendant Houston NFL Holdings,
L.P. As such, Defendant Houston NFL Holdings, L.P. is vicariously liable for the acts committed
by Defendant Jason Lowrey that proximately caused the damages to Plaintiff, as set forth in detail
below, as well as its own. This reflects a causal nexus between the work delegated to Defendant
Jason Lowrey and his related conduct, such that the causes of action listed below were engendered
8. On May 6, 2013, Plaintiff began her employment with the Houston Texans Football
Organization. The Manager of Football Operations, Jason Lowrey pursued a relationship with
Plaintiff almost immediately after her hiring. At that time, it was well known within the Houston
Texans organization that Mr. Lowrey manipulated and treated female employees inappropriately
and wrongfully for his own pleasure. Plaintiff was completely unaware of this pattern and further
had no prior knowledge of Mr. Lowrey’s reputation or past history of misconduct. Moreover,
9. In December 2013, Jason Lowrey and Plaintiff were in Nashville, Tennessee for
business at the direction of the Houston Texans organization. At that time, Mr. Lowrey groped
Plaintiff in a bar in front of other Houston Texan employees and business guests, openly grabbing
her butt. Mr. Lowrey then publicly demeaned Plaintiff in front of her guests and other employees,
after Plaintiff rejected his inappropriate actions. Again, this occurred at a Houston Texans event,
and such conduct was ratified by and imputed to the organization itself, which again took no
corrective measures.
10. In February of 2015, Plaintiff attempted to sever her relationship with Jason Lowrey
completely. Lowrey retaliated by openly stalking her at the workplace, and making it
uncomfortable, if not impossible for Plaintiff to perform her job duties. As Plaintiff continued to
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PLAINTIFF KRISTEN GRIMES’
ORIGINAL PETITION
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ignore and avoid Jason Lowrey, both he and individuals within the Houston Texans’ ownership
began making false comments to other Houston Texan employees. These comments alleged that
Plaintiff was having inappropriate relationships with players on the team. Mr. Lowrey additionally
memorialized these false accusations in company emails that were sent to Plaintiff.
11. Lowrey continued this pattern of stalking and staring at Plaintiff in the employee
cafeteria and hallways of the organization. In late 2015, Jason Lowrey and Plaintiff were in
Nashville, Tennessee again for a business event. While at a bar with Houston Texans employees
and guests, Lowrey publicly accused Plaintiff of having inappropriate relations with the Houston
Texans offensive line players. Lowrey additionally would make lewd and inappropriate comments
to Plaintiff in the employee break room, would make inappropriate gestures to Plaintiff in the
12. Plaintiff eventually filed a complaint with the Human Resources Department of the
Houston Texans. During her conversation with the Head of Human Resources, Plaintiff was
immediately informed that it was well known within the Houston Texans organization that Jason
Lowrey was a womanizer. The organization thereafter failed to conduct a proper and unbiased
internal investigation of Plaintiff’s complaint, clearly out of fear that the conduct would be
discovered. The Houston Texans also decided not to reprimand or discipline Jason Lowrey in any
way, other than to merely make a note of the complaint in his file. In fact, Mr. Lowrey inexplicably
13. After the Houston Texans questioned Lowrey about the complaint, he continued
harassing Plaintiff at work. On one occasion, he even tailed Plaintiff’s vehicle as Plaintiff was
driving to work. He also continued to stalk Plaintiff within their workplace openly making
improper gestures at her in the cafeteria, and in front of other Houston Texan employees.
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PLAINTIFF KRISTEN GRIMES’
ORIGINAL PETITION
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14. The work environment had become so stressful and uncomfortable for Plaintiff that
she began experiencing physical ailments, including ulcers and pain in her stomach. Plaintiff has
additionally been forced to undergo extensive counseling, to cope with the stress and negativity at
work. Despite following the protocol in place by the Houston Texans organization for filing a
complaint with Human Resources, no action was taken to reprimand or discipline Defendant Jason
Lowrey. Forced to endure these conditions, Plaintiff was constructively terminated from her
employment in order to escape the hostile working conditions created by Jason Lowrey, and
AGENCY
15. All acts by Houston NFL Holdings, L.P. were undertaken and completed by its officers,
agents, servants, employees, and/or representatives. Moreover, the acts of Defendant Jason Lowrey
were done with the full authorization or ratification of Houston NFL Holdings,
L.P. and were completed within his normal and routine course and scope of employment with
COLLUSION
16. The commission of the above described acts, both undertaken by Defendant Jason
Lowrey and known of by Defendant Houston NFL Holdings, L.P., amounts to collusion under
Texas law. Such legally amounted to a deceitful agreement or compact between two or more
persons, which aptly characterizes the conduct within this matter, in tandem with the lack of any
disciplinary or corrective measures by the organization. As such, these untoward actions, and non-
17. Plaintiff hereby incorporates by reference all facts and circumstances set forth within
18. Plaintiff hereby incorporates by reference all facts and circumstances set forth under
19. Defendants had a duty to use reasonable care in their interactions with the general
public and within the Houston Texans organization, to ensure that individuals are free from
foreseeable risks of harm from the conduct set forth in the paragraphs above, and not to expose
such persons to foreseeable risks of injury, including but not limited to, causing harm to Plaintiff.
20. Defendants breached the duty of care owed to its employees, and to Plaintiff by
failing to act with the requisite care required and causing Plaintiff to suffer the above described
conduct.
21. Defendants knew, or in the exercise of ordinary and reasonable care should have
known, that Defendant Jason Lowrey’s conduct posed a significant risk of harm to Plaintiff, as it
did when Defendant Jason Lowrey interacted with Plaintiff and caused her to suffer physical and
emotional harm, that would not have otherwise occurred but for the improper conduct of the
Defendants. Defendants breached the duty of care owed to Plaintiff and other individuals by failing
22. Clearly, the misconduct of Defendants, as well as Plaintiff’s injuries, resulted from
and arose directly out of Defendant Jason Lowrey’s employment with Defendant Houston Texans.
Defendants acted with a conscious, intentional failure and reckless indifference to the rights and
23. As a proximate cause of Defendants’ conduct and breach of the duty of care,
Plaintiff suffered physical harm, mental anguish and emotional stress in an amount exceeding the
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ORIGINAL PETITION
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B.
GROSS NEGLIGENCE
24. As set out in the paragraphs above, Defendants acted with specific intent to cause substantial
injury to Plaintiff. Furthermore, the acts and omissions of the Defendants involved an extreme
degree of risk, considering the probability and magnitude of the potential harm to others. The facts
presented in this cause establish that Defendants had actual and subjective awareness of the risk to
Plaintiff and others and proceeded with conscious indifference to rights, safety, and welfare of
C.
CIVIL ASSAULT
25. Plaintiff hereby incorporates by reference all facts and circumstances set forth
26. On several instances during the duration of Plaintiff’s employment with Defendant
Houston NFL Holdings, L.P., Defendant Jason Lowrey put Plaintiff in fear of imminent harm. At
that time, Defendant Jason Lowrey knew or reasonably should have believed that Plaintiff would
regard the contact as offensive or provocative, and Defendant Houston NFL Holdings, L.P. was
27. As a direct and proximate cause, Defendant Jason Lowrey’s threats resulted in
D.
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
28. Plaintiff hereby incorporates by reference all facts and circumstances in the
29. Defendant Jason Lowrey intentionally and recklessly caused Plaintiff to suffer
severe emotional distress through conduct know to Defendant Houston NFL Holding, L.P..
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PLAINTIFF KRISTEN GRIMES’
ORIGINAL PETITION
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Specifically, the misconduct by Defendant Jason Lowrey described above, which was open and
clear within the workplace, was extreme and outrageous towards Plaintiff. This extreme and
outrageous behavior directed at Plaintiff was the direct and proximate cause of the severe
emotional distress that she suffered, and resulted from an environment fostered by Defendant
E.
DEFAMATION - LIBEL AND SLANDER
30. Plaintiff hereby incorporates by reference all facts and circumstances in the
foregoing paragraphs.
31. As described above, Defendant Jason Lowrey published both oral and written
statements of fact regarding Plaintiff that were defamatory. These statements were directly
communicated to third parties intentionally and also with an unreasonable risk that the statements
32. The statements made about Plaintiff by Defendant Jason Lowrey expressly or
impliedly asserted facts that could be objectively verifiable, including but not limited to statements
regarding Plaintiff’s inappropriate relations with certain players on the Houston Texans football
team. These statements imputed sexual misconduct by Plaintiff and are considered slander per se.
These same statements regarding such sexual misconduct were also made in written email
33. Defendant Jason Lowrey’s oral and written statements about Plaintiff’s sexual
misconduct were false and were made with malice, negligence, and without regard to fault. As a
direct result of the slander per se and libel per se described above, Plaintiff’s damages are presumed
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PLAINTIFF KRISTEN GRIMES’
ORIGINAL PETITION
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34. As Defendant Jason Lowrey acted with malice when making the above statements
imputing sexual misconduct by Plaintiff, and as Plaintiff suffered actual damages that were
damages.
DAMAGES
35. Defendants’ acts have been the producing and/or proximate cause of damage to
Plaintiff, including but not limited to her actual damages, mental anguish, emotional distress,
attorney’s fees, and court costs, in excess of the minimum jurisdictional limits of this Court.
36. More specifically, Plaintiff seeks monetary relief exceeding the minimal
jurisdictional limits of this Honorable Court. This damage range includes all actual and
consequential damages suffered by Plaintiff, along with recoverable costs of court with fees and
interest available under the above included causes of action in this matter. Furthermore, Plaintiff
seeks the recovery of exemplary damages as she is justly entitled to based on the conduct described
above.
JURY DEMAND
37. Plaintiff demands a jury trial and tenders the appropriate fee with this Original
Petition.
38. Pursuant to the Texas Rules of Civil Procedure, Plaintiff requests that Defendants
Houston NFL Holdings, L.P. and Jason Lowrey disclose all information and/or material as required
by Rule 194.2, paragraphs (a) through (l), and to do so within 50 days of this request.
39. Pursuant to the Texas Rules of Civil Procedure, Plaintiff propounds the following
Requests for Production, and demands Defendants Houston NFL Holdings, L.P. and Jason
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PLAINTIFF KRISTEN GRIMES’
ORIGINAL PETITION
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Lowrey to respond within fifty (50) days.
Plaintiff prays that judgment be entered against Defendant Houston NFL Holding, L.P.
and Defendant Jason Lowrey, and that Plaintiff be awarded all of her actual damages, consequential
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PLAINTIFF KRISTEN GRIMES’
ORIGINAL PETITION
Page 10
interest, attorneys fees, court costs and for all such other relief, general or specific, in law or in
PRAYER
relief to which she is due as a result of the acts of Houston NFL Holding, L.P. and Jason Lowrey,
and for all such other relief to which Plaintiff may be justly entitled.
Respectfully submitted,
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PLAINTIFF KRISTEN GRIMES’
ORIGINAL PETITION
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