Date: 01-08-2001

Case Style: Terri Rose vs. Shawna Vest, Ambassador Home Marketing, Inc. and Gary Witty d/b/a J&W Movers

Case Number: CJ-1999-3336

Judge: P. Thomas Thornbrugh

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: James E. Cinocca, Jr. or McCormick, Field & Cinocca, P.L.L.C.

Defendant's Attorney: Thomas M. Askew of Pray, Walker, Jackman, Williamson & Marlar for Defendants Vest and Ambassador Gary Witty, pro se

Description: Plaintiff was a caretaker for Ambassador with Vest as the President of Ambassador. Plaintiff was diagnosed with terminal cancer and left the caretaker house with all her personal property still there. While Plaintiff was gone to Texas for treatment the Defendants moved the Plaintiff's property out of the house without her knowledge. Much of the valuable property was never returned to the Plaintiff. Plaintiff sued for fraud, conversion and negligence.

The case was submitted to the jury on the questions of fraud and negligence as against all Defendants. The jury returned a verdict against all Defendants determining that the Defendants acted together to convert the property and defraud the Plaintiff. Total damages of $45,000.00 were awarded and split amount the Defendants as follows: Vest - $18,750.00; Ambassador - $18,750.00; Witty - $7,500.00.

The Court instructed on punitive damages following the jury's determination that Defendants Vest and Ambassador acted recklessly and with malice and that Defendant Witty acted recklessly. Total punitive damages were awarded as follows: Vest - $25,000.00; Ambassador - $50,000.00 and Witty - $7,500.00.

While Plaintiff will likely not be able to recover the total damages awarded, it was important to the Plaintiff that a jury decided what these Defendants did was wrong.

Outcome: Total verdict (actual and punitive damages) $122,500.00.

Plaintiff's Experts: None.

Defendant's Experts: None.

Comments: Reported by counsel for plaintiff.