Date: 06-12-2014

Case Style: Wyatt Worlund v. MGM Restaurants, LLC Worlund & Worlund Restaurant Services, Inc. and Kenneth Denton

Case Number: CJ-2011-8435

Judge: Barbara Swinton

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: J. Logan Johnson, Jami Rhoades Antonisse and R. Ryan Deligans

Defendant's Attorney: Kayce Gisinger and Benjamin Oxford for Worlund & Worlund Restaurant Services, Inc. and MGM Restaurants, LLC

William Threlkeld for Worlund & Worlund Restaurant Services, Inc.

Dan Card for Kenneth Denton

Description: Wyatt Worlund v. MGM Restaurants, LLC Worlund & Worlund Restaurant Services, Inc. and Kenneth Denton

1. Wyatt Worlund was at all times material herein a resident of Pottawatomie County, Oklahoma.
2. Kenneth Denton (“Denton”) is and was at all times material herein a resident of the Oklahoma County, Oklahoma.
3. MGM Restaurants, L.L.C. (“MGM”) is an Oklahoma limited liability corporation formed and existing under the laws of the State of Oklahoma and was at all times material herein transacting business in the State of Oklahoma.
4. Worlund & Worlund Restaurant Services, Inc. (“W&W”) is an Oklahoma corporation formed and existing under the laws of the State of Oklahoma and was at all times material herein transacting business in the State of Oklahoma.
5. On October 1,2010, while driving on highway U.S. 270, Wyatt Worlund was involved in a motor vehicle collision and, as a result, sustained severe bodily injuries.
6. Defendants, W&W and MGM, owned and operated a Mazzios Pizza franchise where Defendant Denton and Plaintiff were employed.
7. Prior to the motor vehicle collision described in paragraph 5 above, Defendant Denton, while in the course and scope of his employment as manager for W&W and MGM, purchased alcoholic beverages and provided said alcoholic beverages to Wyatt Worlund, a minor, and his subordinate employee.
8. Defendants, W&W and MGM, were responsible for the hiring, training and supervision of staff and employees at a Mazzio’s Pizza franchise owned and operated by W&W and MGM, including Defendant Denton.
9, On October 1, 2010, while at the Mazzios Pizza franchise, and in the course and scope of his employment with W&W and MGM, Defendant Denton allowed Wyatt Worlund, a minor, to consume alcohol and, thereafter, drive a vehicle.
10. While in the course and scope of his employment with W&W and MGM, Defendant Denton was negligent in providing alcohol to Wyatt Worlund, a minor, and thereafter allowing Wyatt Worlund to drive away from the restaurant. Defendants W&W and MGM are vicariously liable for the negligent actions of Defendant Denton.
11. Defendants W&W and MGM were negligent for failing to properly hire, train and supervise their employees.
12. As a direct result of the negligence of Defendants, Plaintiff Wyatt Worlund has sustained actual damages in excess of $75,000.00.
13. Further, the actions of the Defendants were grossly negligent and in reckless disregard for the rights of others, and therefore, Plaintiff is entitled to punitive damages in an amount in excess of $75,000.00.

Outcome: 04-25-2014 CTFREE - 78909153 Jun 30 2014 4:27:18:470PM - $ 0.00
SWINTON : PLTF'S MOTION FOR SUMMARY JUDGMENT ON DEFT. MGM RESTAURANTS LLC C/C , OBERRULED . CINDY ADAMS , COURT REPORTER
04-25-2014 ACCOUNT - 78265097 Apr 25 2014 9:40:00:260AM - $ 0.00
RECEIPT # 2014-3348826 ON 04/25/2014.
PAYOR:JENNIFER STRUMBLE TOTAL AMOUNT PAID: $20.00.
LINE ITEMS:
CJ-2011-8435: $20.00 ON AC01 CLERK FEES.
05-23-2014 CERTS - 78754710 Jun 16 2014 8:41:20:867AM - $ 0.00
CERTIFICATE OF SERVICE
Document Available (#1025728089)

Plaintiff's Experts:

Defendant's Experts:

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