Date: 10-13-2014

Case Style: George L. Clinkscale, II v. Guts Church, Inc.

Case Number: CJ-2011-6371

Judge: Carlos Chappelle

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Lee Levinson, Terry Brennan and Trevor Henson

Defendant's Attorney: Derrick Teague, and Marty Skrapka, Haylie Treas, and Bob Bartz

Description: Plaintiff, for his cause of action against Defendants alleges and states as follows:

1. Plaintiff, George L. Clinkscale, II, has petitioned to be appointed the executor of the estate and is the father of the Decedent, George L. Clinkscale, III, deceased.

2. Guts Church, Inc. is an Oklahoma Corporation whose principal place of business is located in Tulsa County, Oklahoma.

3. William Scheer is an individual whose residence is located in Tulsa County, Oklahoma.

4. Sandra Scheer is an individual whose residence is located in Tulsa County, Oklahoma.

5. Defendants, William Scheer and Sandra Scheer hold themselves out as directors of Guts Church, Inc. and as such were involved in the organization and promotion of the subject boxing event.

6. Plaintiff adopts and incorporates by reference paragraphs 6 through 34 of his Original Petition as set forth in full.

7. Defendant Guts Church, Inc. supervised its employees, contractors, agents, volunteers, interns, and/or its representatives in the organization, production, and operation of Sub3O Fight Night VI negligently and with gross negligence and reckless disregard for the rights of Plaintiff.

8. Defendant William Scheer, as Owner, Director and Senior Pastor of Guts Church, Inc., supervised Guts Church, Inc.’s employees, contractors, agents, volunteers, interns, and/or its other representatives in the organization, production, and operation of Sub3O Fight Night VI negligently and with gross negligence and reckless disregard for the rights of Plaintiff.

9. Defendant Sandra Scheer, as Owner, Secretary and Pastor of Guts Church, Inc. supervised Guts Church, Inc.’s employees, contractors, agents, volunteers, interns, and/or its other representatives in the organization, production, and operation of Sub3O Fight Night VI negligently and with gross negligence and reckless disregard for the rights of Plaintiff..

10. Defendant Guts Church, Inc. trained its employees, contractors, agents, volunteers, interns, and/or its other representatives in the organization, production, and operation of Sub3O Fight Night VI negligently and with gross negligence and reckless disregard for the rights of Plaintiff..

11. Defendant William Scheer, as Owner, Director and Senior Pastor of Guts Church, Inc., trained Guts Church, Inc.’s employees, contractors, agents, volunteers, interns, and/or its other representatives in the organization, production, and operation of Sub3O Fight Night VI negligently and with gross negligence and reckless disregard for the rights of Plaintiff.

12. Defendant Sandra Scheer, as Owner, Secretary and Pastor of Guts Church, Inc., trained Guts Church, Inc.’s employees, contractors, agents, volunteers, interns, and/or its other representatives in the organization, production, and operation of Sub3O Fight Night VI negligently and with gross negligence and reckless disregard for the rights of Plaintiff.

13. Defendant Guts Church, Inc.’s supervision of employees, contractors, agents, volunteers, interns, and/or its other representatives in the organization, production, and operation of Sub3O Fight Night VI, which was committed with negligence, gross negligence, and with reckless disregard of the rights of Plaintiff, caused the death of George Clinkscale, III.

14. Defendant Guts Church, Inc’s training of employees, contractors, agents, volunteers, interns, and/or its other representatives in the organization, production, and operation of Sub3O Fight Night VI, which was comiriitted with negligence, gross negligence, and with reckless disregard for the rights of P1aintiff caused the death of George Clinkscale, III.

15. As Owner, Director and Senior Pastor of Guts Church, Inc., Defendant William Scheer’s supervision of Guts Church, Inc.’s employees, contractors, agents, volunteers, interns, and/or its other representatives in the organization, production, and operation of Sub3O Fight Night VI, which was committed with negligence, gross negligence, and with reckless disregard for the rights of Plaintiff, caused the death of George Clinkscale, III.

16. As Owner, Secretary and Pastor of Guts Church, Inc., Defendant Sandra Scheer’s supervision of Guts Church, Inc.’s employees, contractors, agents, volunteers, interns, and/or its other representatives in the organization, production, and operation of Sub3O Fight Night VI, which was committed with negligence, gross negligence, and with reckless disregard for the rights of Plaintiff, caused the death of George C]inkscale, III.

17. As Owner, Director and Senior Pastor of Guts Church, Inc., Defendant William Scheer’s training of Guts Church, Inc.’s employees, contractors, agents, volunteers, interns, and/or its other representatives in the organization, production, and operation of Sub3O Fight Night VI, which was committed with negligence, gross negligence, and with reckless disregard of the rights of Plaintiff, caused the death of George Clinkscale, III.

18. As Owner, Secretary and Pastor of Guts Church, Inc., Defendant Sandra Scheer’s training of Guts Church, Inc.’s employees, contractors, agents, volunteers, interns, and/or its other representatives in the organization, production, and operation of Sub3O Fight Night VI, which was committed with negligence, gross negligence, and with reckless disregard of the rights of Plaintiff, caused the death of George Clinkscale, III.

19. Defendants additionally are liable for a lack of efficient internal operations in the organization, production, and operation of Sub3O Fight Night VI which caused the death of George Clinkscale, III.

20. Defendants are further liable for a lack of coordination and communication amongst its employees in the organization, production, and operation of Sub3O Fight Night VI which caused the death of George Clinkscale, III.

21. Defendant Guts Church, Inc. is vicariously liable for the negligent training and negligent supervision, gross negligence and reckless disregard of Guts Church, Inc.’s employees, contractors, agents, volunteers, interns, and/or its other representatives in the organization, production, and operation of Sub3O Fight Night VI, including Defendants’ William Scheer and Sandra Scheer, which caused the death of George Clinkscale, III.

22. Defendant Guts Church, Inc. is vicariously liable for the negligence, gross negligence and reckless disregard of Guts Church, Inc.’s employees, contractors, agents, volunteers, interns, and/or its other representatives in the organization, production, and operation of Sub3O Fight Night VI, including William Scheer and Sandra Scheer, which caused the death of George Clinkscale, III.

WHEREFORE, Plaintiffs demand Judgment against the Defendants Guts Church, Inc., William Scheer and Sandy Scheer for actual damages in excess of Seventy Five Thousand Dollars ($75,000), as well as punitive damages, statutory interest, costs and such other relief that the Court would deem necessary and proper.

Outcome: ORDER APPROVING SETTLEMENT AND DISTRIBUTING SETTLEMENT PROCEEDS

Now on this 23rd day of July, 2014, this matter comes before the undersigned Judge, pursuant to the parties’ Joint Application for Order Approving Settlement Agreement. The parties request this Court’s approval of the confidential Settlement Agreement they have executed in this wrongful death and survivorsI ajn. After having reviewed the parties’ Joint Application for Order Appv*ig ettIement Agreement, hearing sworn testimony of the Personal Representativ*id te heirs of the Estate of George L Clinkscale, Ill, deceased, and being fudvid in the premises, the Court finds as follows:

1. This wrongful death and survivorship action arises from the death of George L. Clinkscale, III (hereinafter “the Decedent”), following his participation in an amateur boxing event called Fight Night VI on September 21, 2011, at Defendant Guts Church, Inc.’s premises in Tulsa, Oklahoma.

2. George L. Clinkscale, Il, is the father of George L. Clinkscale, Ill,
deceased (hereinafter “the Decedent), and has been appointed the Personal Representative of the Decedent’s Estate. Consequently, George L. Clinkscale, II, as Personal Representative of the Decedent’s Estate, was the only person authorized to maintain this wrongful death and survivorship action under the Oklahoma wrongful death statute, see 12 O.S.201 I § 1053(A), and the only person authorized to settle this wrongful death and survivorship action, see Wilson-Harris v. Sw. Tel. Co., 1943 OK 303, J 7, 141 P.2d 986, 988; Mann v. Minn. Elec. Light & Power Co., 43 F.2d 36, 39 (10th Cir. 1930).

3. In the probate proceeding pending before the Tulsa County District Court, it was determined that the Decedent’s sole and only heirs at law were his two minor children, A.C. and C.C.; his father, George L. Clinkscale, II; and his mother, Coyletta G ova n.

4. On April 16, 2014, this Court appointed the mother of the Decedent’s children, Courtney A. Clinkscale, as their guardian ad litem in the above-captioned case.

5. As a result of the Decedent’s injuries and death, it is claimed that the Decedent’s Estate sustained damages in the form of the Decedent’s medical and burial expenses and the Decedent’s mental pain and anguish and that the Decedent’s heirs sustained damages in the form of pecuniary loss, grief, and loss of companionship.

6. The parties to this case have executed a confidential Settlement Agreement dated July 23, 2014, a copy of which has been filed under seal with the Court Clerk. This Settlement Agreement resolves all the claims of this wrongful
death and survivorship action.

7. The Court has reviewed the Settlement Agreement referenced in the above paragraph, and finds that the terms thereof are fair and just and that the parties have entered into the Settlement Agreement of their own free will and after being fully aware of the circumstances. The agreement to pay is conditioned upon Court approval of the Settlement Agreement.

8. The Plaintiff, George L. Clinkscale, II, as Personal Representative of the Estate of George L. Clinkscale, Ill, deceased, is aware that he had a right to a jury trial to recover damages in this wrongful death and survivorship action. By entering into this settlement agreement, the Plaintiff affirmatively waived said rights as against the Defendants on behalf of both the Decedent’s Estate and the Decedent’s heirs at law.

9. The compromise of these disputed claims is in no way to be construed as an admission of liability by the Defendants.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the parties’ Joint Application for Order Approving Settlement Agreement should be, and the same is hereby, GRANTED. This Court approves the proposed distribution of the settlement proceeds as set out in this Order and approves the terms of the parties’ confidential Settlement Agreement. This Court further finds that the proposed distribution of the settlement proceeds takes into consideration the best interests of the two minor heirs to the Decedent’s Estate. This matter is transferred to the P te Division of the District Court.

Plaintiff's Experts: Dale "Apollo" Cook

Defendant's Experts:

Comments: