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: Tulsa County District Court

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

Defendant's Attorney: Thomas M. Askew of Pray, Walker, Jackman, Williamson & Marlar (Vest and Ambassador), Tulsa Pro se (Witty)

Description: Fraud/Conversion/Negligence - Plaintiff, a woman in her late 50s, was employed by Ambassador Home Marketing to live in a house that was on the market until it was sold. Shawna Vest, the president of Ambassador Home Marketing, places people in houses for sale for realtors to improve the curb appeal and help sell the house quicker. During her stay, Plaintiff learned she had stage IV non-Hodgkin’s lymphoma. She traveled to Texas for treatment and was gone on and off for a two-month period for two to three weeks at a time. While she was gone, some of her relatives moved into the house. When she returned, her belongings had been moved out and the locks on the house had been changed. Plaintiff alleged some of her property, including her china, silver and crystal, were missing. Shawna Vest and Gary Witty denied all allegations. Defendants claimed the relatives that moved in were “squatters” and had trashed the place. Witty claimed he moved Ms. Rose’s belongings out but had delivered them all. Plaintiff claimed $35,000 in domestic property and $10,000 interest for the time her property was missing.

Outcome: The jury found the Defendants acted together to convert the Plaintiff’s property and to defraud her. It also found the Defendants acted recklessly and with malice

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

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