HOUSTON — A widow has filed suit against the Texas Department of Public Safety's director and the executive director of the state's employees retirement system for alleged breach of contract when she discovered her signature had supposedly been forged on her husband's documents.
Donna K. Hilton filed a complaint March 7 in U.S. District Court, Southern District of Texas, against Steve McCraw, director of the Texas Department of Public Safety, Robert Petty, Charles Anthony Richardson, Porter Wilson, executive director of the employees retirement system of Texas; and other persons whose identities are presently unknown, citing alleged breach of contract, failure to uphold the Americans with Disabilities Act regulations, fraud and violation of workers compensation acts. Hilton alleges that the defendants failed to supervise their employees when notarizing documents.
According to the complaint, the plaintiff alleges that she was unaware that her plan benefits would be terminated upon the death of her husband. Plaintiff checked the documents filed for the plan and found out that the signature allegedly was not hers. The plaintiff holds Steve McCraw, director of the Texas Department of Public Safety, Robert Petty, Charles Anthony Richardson, Porter Wilson, executive director of the employees retirement system of Texas; and other persons whose identities are presently unknown responsible because the defendant allegedly notarized legal documents without double-checking the legitimacy of the signatory.
The plaintiff seeks compensation for all damages including interest, an order to pay the plaintiff an amount equal to what she would receive under the plan option she would have consented to, all legal fees and any other relief as the court deems just and proper. She is represented by Robert J. Reagan and Grace H. Sundberg of Reagan McLain & Hatch LLP in Dallas in Texas.
U.S. District Court, Southern District of Texas, Case number 4:16-cv-00592