Lawsuit Against Children's Party Planner Dropped
12 children accused owner of train attraction of sexual assault
Updated 1:52 AM CST, Fri, Nov 21, 2008
A civil lawsuit against the owner of a miniature train attraction accused of sexual assault has been dropped.
Don Simpson, the owner of Mr. Don's Whistle Stop, still faces criminal sexual assault charges.
Simpson, 66, hosted numerous children's birthday parties. Last year, 12 children said they were molested on the half-mile miniature train Simpson operated in his back yard in Keller.
Two children and their parents who were suing Simpson for physical and emotional damages withdrew their suit Thursday afternoon.
Peter Schulte, Simpson's attorney, said it shows there are "major proof problems" with the cases.
"For them to dismiss this at this point tells us if they can't get a civil proceeding through, there's no way they are going to be able to get beyond a reasonable doubt in a criminal proceeding," Schulte said.
But Allen Vaught, who represents the children and their parents, said his clients plan to file the civil case again.
"My clients do feel that the most important thing is for Clinton Don Simpson to be off the street and never hurt another child again, and once that matter is concluded, then we're going to proceed with the civil action to recover their damages," he said.
Vaught said victims have until two years after their 18th birthday to refile the case.
Simpson has yet to stand trial on the criminal charges because of numerous delays in the case.
He is out on bond and confined to his home.
First Published: Nov 20, 2008 4:50 PM CST
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