Date: 11-01-2012

Case Style: Layton D. Goad v. Derrick Carothers

Case Number: CJ-2009-1719

Judge: Tracy Schumacher

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Sam George Caporal

Defendant's Attorney: Sam Talley

Description: COMES NOW the Plaintiff, Layton Dean Goad, by and through his Counsel Sam G. Caporal and with his first, second, third causes of action for actual and punitive damages against the Defendants, Derrick Carothers., Devon Carothers., Rodney Carothers., and Steve Brumley (Hereinafter Defendants) and states:

FIRST CAUSE OF ACTION

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

COMES NOW the Plaintiff; Layton Dean Goad with his first cause of action against the Defendants and states that said Defendants, Derrick Carothers., Devon Carothers, and Steve Brumley at the home of Defendant Rodney Carothers and with his express authorization and approval and direction did on or about June 7, 2009, at the home of Rodney Carothers, located at 5500 North Porter, Norman, Oklahoma did act in concert to physically beat up and kick and injure the Plaintiff and verbally abused the Plaintiff in furtherance of said Defendants’ objective to harass, intimidate, coerce ad physically injure the Plaintiff, and that said acts were intentional and outrageous acts that exceeded the community standards for such behavior and was performed in a willfUl and recklessness manner that resulted in severe emotional distress and harm to said Plaintiffs as a direct result of the Defendant’s concerted acts. As a result of these actions, the Defendant has suffered physical injuries causing the Plaintiff to incur medical bills, loss of wages, and other damages due to the actions of the Defendants.

WHEREFORE, the Plaintiff prays for damages in his first cause of action against the Defendants joint and severally in an amount of actual damages in excess of $10,000.00 and punitive damages in addition to attorney fees and cost and such and other relief as the court deems proper.

SECOND CAUSE OF ACTION

ASSAULT AND BATTERY

COMES NOW the Plaintiff, Layton Dean Goad with his second cause of action against the Defendants, Derrick Carothers., Devon Carothers., Rodney Carothers., and Steve Brumley and incorporates the facts and circumstances as stated in the Plaintiffs first cause of action and states that said Defendants did intentionally assault and batter said Plaintiff on or about June 7, 2009, at the home of Rodney Carothers, located at 5500 North Porter, Norman, Oklahoma and that all the Defendants placed themselves into such proximity to the Plaintiffs, without his consent, as to cause apprehension of imminent and unwanted bodily contact. Said apprehension of imminent and unwanted bodily contact by the Defendants caused the Plaintiffs to fear for their personal safety.

Derrick Carothers., Devon Carothers, and Steve Brumley at the home of Defendant Rodney Carothers and with his express authorization and approval and direction did on or about June 7, 2009, at the home of Rodney Carothers, located at 5500 North Porter, Norman, Oklahoma did act in concert to physically beat up and kick and injure the Plaintiff. That on June 7,2009 in conjunction with the above stated events the Defendants did forcibly make physical contact upon the body of the Plaintiff by acting in concert to strike with their fists and feet batter the Plaintiff through their intentional acts in a violent manner thereby committing battery against the Plaintiffs.

WHEREFORE, the Plaintiff prays for damages in his second cause of action against the Defendants joint and severally in an amount of actual damages in excess of $10,000.00 and punitive damages in addition to attorney fees and cost and such and other relief as the court deems proper.

THIRD CAUSE OF ACTION

PREMISES LIABILITY AS TO RODNEY CAROTHERS ONLY

COMES NOW the Plaintiff, Layton Dean Goad with his third cause of action against the Rodney Carothers only would show that the Plaintiff was an invited guest at the home of the Plaintiff and the Defendant Rodney Carothers , Derrick Carothers., Devon Carothers, and Steve Brumley at the home of Defendant Rodney Carothers and with his express authorization and approval and direction did on or about June 7, 2009, at the home of Rodney Carothers, located at 5500 North Porter, Norman, Oklahoma did act in concert to physically beat up and kick and injure the Plaintiff, and Defendant Rodney Carothers directed the Defendants to administer this beating of the Plaintiff, and as such, breached his duty of providing a safe environment for the Plaintiff who was his invited guest and also was negligent in allowing the Plaintiff to be injured on his property.

WHEREFORE, the Plaintiffs prays for damages in his third cause of action against the Defendant Rodney Carothers individually in an amount of actual damages in excess of $10,000.00 and punitive damages in addition to attorney fees and cost and such and other relief as the court deems proper.


COMES NOW Defendants, DERRICK CAROTHERS, DEVON CAROTHERS, and RODNEY CAROTHERS, through counsel, Samuel L. Talley, and for their Answer states as follows:

1. Defendants deny the allegations contained in Plaintiffs First Cause of Action and demand strict proof thereof.

2. Defendants deny the allegations contained in Plaintiffs Second Cause of Action and demand strict proof thereof.

3. Defendant Rodney Carothers denies the allegations contained in Plaintiffs Third Cause of Action and demands strict proof thereof.

AFF]RMATIVE DEFENSES

For further answer, Defendant asserts the following affirmative defenses and matters in avoidance:

4. Defendants DEVON CAROTHERS’ and DERRICK CAROTHERS’ actions were justified as a matter of self-defense.

5. Plaintiffs’ claims are barred by the doctrines of unclean hands.

6. Plaintiffs’ claims for damages on all causes of action are speculative.

7. Plaintiffs claims are barred by the doctrine of assumption of risk.

8. Plaintiffs claims are barred in whole or in part because Plaintiff unreasonably failed to mitigate his damages.

9. Because this suit is recently filed and discovery has not yet begun, Defendant reserves the right to identify additional affirmative defenses as discovery warrants.

Outcome: COMES NOW the Plaintiff, by and through counsel, and dismisses ONLY Defendants Derrick Carothers, Devon Carothers and Rodney Carothers from the above captioned cause with prejudice to further litigation pertaining to all matters involved therein, and states that a compromise settlement covering all claims involved in the above captioned cause has been made

Plaintiff's Experts:

Defendant's Experts:

Comments: