Date: 08-06-2012

Case Style: Robert A. Swan v. Rickey E. Vick

Case Number: CJ-2010-9745

Judge: Bryan C. Dixon

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Kenyatta R. Bethea, Holloway Bethea & Osenbaugh, PLLC, Oklahoma City, Oklahoma

Defendant's Attorney: Justin Lowe, Oklahoma City, Oklahoma

Description: COMES NOW the Plaintiff, Robert A. Swan (hereinafter referred to as “Swan” or “Plaintiff’) and for his cause of action states as follows:

1. Plaintiff, Robert Swan, is a resident of Cleveland County, State of Oklahoma.

2. Defendant, Rickey Vick, is a resident of Oklahoma County, State of Oklahoma.

3. The claims alleged herein outside of the Ford Center located in Oklahoma County, State of Oklahoma.

4. On January 10, 2010, Defendant kicked and punched Robert Swan in the mouth.

5. As a result, Robert Swan’s front tooth was knocked out.

COUNT ONE - ASSAULT

6. Paragraphs 1 - 5 are incorporated by reference.

7. Defendant acted either with the intent of making a harmful contact with the person of Plaintiff, or with the intent of putting Plaintiff in apprehension of such a contact.

8. Plaintiff’s, Robert Swan, was placed in apprehension of an immediate harmful contact with his person by the conduct of Defendant.

9. As a result of the acts of this Defendant, Plaintiff has sustained injuries and as such, Plaintiff has been damaged in an amount in excess of $75,000.00.

COUNT TWO - BATTERY

10. Paragraphs 1 - 9 are incorporated by reference.

11. Defendant, without the consent of Plaintiff, acted either with the intent of making a harmful contact with the person of Plaintiff, or with the intent of puffing Plaintiff in apprehension of such a contact.

12. Defendant’s act resulted in a harmful contact with Plaintiff.

13. As a result of the acts of this Defendant, Plaintiff has sustained injuries and as such, Plaintiff has been damaged in an amount in excess of $75,000.00.

COUNT THREE — EMOTIONAL DISTRESS

14. Paragraphs 1 - 13 are incorporated by reference.

15. Defendant by his extreme and outrageous conduct, intentionally and/or recklessly caused severe emotional and mental distress to Plaintiff.

16. As a result of the acts of this Defendant, Plaintiff has sustained injuries and as such, Plaintiff has been damaged in an amount in excess of $75,000.00.

COUNT FOUR — PUNITIVE DAMAGES

17. That the acts of the Defendant constitute gross negligence, or in the alternative, willful and wanton conduct for which Plaintiff is entitled to punitive damages or exemplary damages in amounts in excess of $75,000.00.

WHEREFORE, the Plaintiff, Robert A. Swan, prays for judgment against the Defendant, Rickey Vick, and for a total sum in excess of the amount that is required for diversity jurisdiction pursuant to §1332 of the Title 28 of the United States Code, costs of this action, attorney’s fees and for such other and further relief as the Court deems just and proper.

ANSWER OF DEFENDANT

COMES NOW the Defendant, Riekey E. Vick, by and through his attorney of record, and states the following for his Answer to the Petition filed on behalf of the Plaintiff herein:

1. Defendant Vick is without sufficient information or knowledge to either admit or deny Plaintiffs residence,

2. Defendant Vick admits to Paragraph 2 of Plaintiffs Petition.

3. Defendant denies the allegation set forth in Plaintiffs Petition at paragraph 3.

4. Defendant denies the allegations set forth in Plaintiffs Petition at paragraph 4.

5. Defendant is without sufficient information or knowledge to admit or deny the allegation set forth in Plaintiffs Petition at paragraph 5.

ANSWER TO COUNT ONE - ASSAULT

6. Paragraphs I through 5 are incorpated herein by reference.

7. Defendant Vick denies the allegations set forth in Plaintiffs Petition at paragraph 7, and demands strict proof thereof.

8. Defendant denies the allegations set forth in Plaintiffs Petition at paragraph 8.

9. Defendant denies the allegations set forth in Plaintiffs Petition at paragraph 9 and demands strict proof thereof.

ANSWER TO COUNT TWO - BATTERY

10. Paragraphs 1 through 10 are incorporated herein by reference.

11. Defendant Vick denies the allegations set forth in Plaintiffs Petition at paragraph 11, and demands strict proof thereof.

12. Defendant denies the allegation set forth in Plaintiffs Petition at paragraph 12, and demands strict proof thereof.

13. Defendant denies the allegations set forth in Plaintiffs Petition at paragraph 13 and demands strict proof thereof

ANSWER TO COUNT THREE - EMOTIONAL DISTRESS

14. Paragraphs 1 through 13 are incorporated herein by reference.

15. Defendant Viek denies the allegations set forth in Plaintiffs Petition at paragraph 15 and demands strict proof thereof.

16. Defendant Vick denies the allegations set forth in Plaintiffs Petition at paragraph 16 and demands strict proof thereof

ANSWER TO COUNT FOUR - PUNITIVE DAMAGES

17. Defendant Vick denies the allegations set forth in Plaintiffs Petition at paragraph 17 and demands strict proof thereof.

WHEREFORE, the Defendant, Rickey E. Vick, respectfully prays that this Court dismiss all claims of the Plaintiff as set forth in his Petition in their entirety, and the Court entering judgment in favor of the Defendant, and awarding Defendant his costs and attorney’s fees incurred herein, and for such other and further relief as the Court deems just and proper.

Outcome: THIS MATTER comes an the day of July 2012. Before me1 the undersigned Judge of the District Court Plaintiff appears by and through Counsel, KENYATTA Ft. BETHEA, arid Defendant appears by and Through Counsel. L JUSTIN LOWE.

The parties announce to the Court that they have reached an a9reement as to the seftiement o all issues herein. Judgment is rendered in the aboveswied and numbered cause of action as follows:

1. That the Plaintiff Is gzarited a Judgment against the Dcferidant In the total amount of Six Thousand Eight Hundred Thirty One Dollars and no cents ($6,831.OO)

2. That said Judgment is Inclusive of all medical expenses, attorney fees and any other claims of any description whatsoever.

Plaintiff's Experts:

Defendant's Experts:

Comments: