A jury trial is scheduled to happen April 10.
DALLAS — Dallas Cowboys proprietor Jerry Jones will now face a court docket date in April as a Court of Appeals has stricken down a dismissal against a declare from a lady that Jones sexually assaulted her in 2018.
The authentic petition was filed on Sept. 14, 2020, against Jones and the Cowboys by an nameless girl utilizing the pseudonym Jane Doe.
In the suit, Doe alleges that Jones kissed her on the mouth and forcibly grabbed her with out consent on Sept. 16, 2018, and that the Cowboys group knew — or ought to have identified — of his misconduct. She initially didn’t embrace the place the incident passed off, however in a refiled allegation stated it occurred within the Tom Landry Room at AT&T Stadium.
A movement to dismiss was initially held on Feb. 1, 2022, the place Doe’s claims had been dismissed with prejudice by a decide.
The girl later moved for reconsideration and supplemented her movement, and her counsel stated at a listening to that she can be keen to present her full title and the required parts of her driver’s license and Social Security numbers, which she had not offered in earlier filings. The trial court docket denied that movement.
The present, granted attraction then adopted.
In this most up-to-date attraction, attorneys argued that earlier rulings was incorrect as a result of the courts dismissed her case after she had made good religion makes an attempt to amend her suit, and since Jones’ attorneys had by no means filed particular exceptions to her reside pleadings.
In the reversal, it was written that the one actual pleading deficiency raised by Jones’ attorneys of their movement to dismiss was Doe’s failure to determine herself in her pleadings.
“We recognize that a trial court has broad discretion in ruling on special exceptions and in dismissing a case when a plaintiff fails to cure pleading defects,” the ruling states. “But because appellant made a good faith attempt to amend her pleadings in response to the court’s special exceptions order and no further special exceptions were made, the trial court abused its discretion in dismissing appellant’s claims.”
A juried civil trial has been scheduled to happen April 10.
WFAA reached out to attorneys for Jones and the Cowboys on Tuesday, however didn’t instantly obtain any response to our requests for remark.
Jones has beforehand denied the accusations, and in court-filed responses known as known as them each “malicious and hurtful.”
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