Date: 10-27-2012

Case Style: Jason Dollarhide v. Evan Boren

Case Number: CJ-2012-1901

Judge: Lori Walkley

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Laurie Miller

Defendant's Attorney: Stan Ward, Ben Houston, Woodrow Glass, Scott Brockman, Barrett Bowers for Randy Dollarhide and Noble Auto and Truck Services

Description: COMES NOW the Plaintiff, Jason Dollarhide, and for his causes of action against the Defendant, Evan Boren, and states as follows:
GENERAL STATEMENT
1. On January 3, 2012 the Plaintiff was at his father’s place of business, Noble Auto and Truck Service, in Noble, Cleveland County, Oklahoma.
2. The Defendant, Boren, a teacher and coach at Noble High School, arrived at Noble Auto and Truck Service to make a complaint about services rendered on his girlfriend’s vehicle when Plaintiff asked Defendant Boren to wait at his vehicle until Plaintiffs father arrived to take care of his issues. Defendant Boren then grabbed Plaintiff and threw him to the ground beating Plaintiff to unconsciousness.
3. The Defendant Boren acted without the consent of the Plaintiff and with intent to harm the Plaintiff which actually and proximately caused injury to the Plaintiff.
4. As a direct and proximate result of the Defendants conduct the Plaintiff suffered significant injury to his head, neck, shoulders, face, and eyes which were traumatized, torn, broken, fractured, strained, bruised, and their function impaired. Said injuries are painful and progressive. As a result of said injuries, the Plaintiff has and will incur medical expenses, has and will suffer pain of mind and body, has and will incur lost wages, and has been injured and damaged in an amount in excess of the amount required for diversity jurisdiction pursuant to Section 1332 of Title 28 of the United States Code.
FIRST CAUSE OF ACTION
COMES NOW Plaintiff and for his first cause of action for intentional infliction of emotional distress and incorporates the allegations and averments of the preceding paragraphs and states as follows:
5. The combined conduct of the Defendants, as described herein, taken together with the setting in which they occurred, were so extreme and outrageous so as to go beyond all possible bounds of decency and would be considered atrocious and utterly intolerable in a civilized society and the Defendants intentionally and/or recklessly caused severe emotional distress to the Plaintiff beyond that which a reasonable person could be expected to endure.
6. As direct and proximate result of the Defendants conduct the Plaintiff has suffered multiple abrasions, bruises all over his body and he suffered pain of mind and body.
7. The conduct of the Defendant was with a willfhl disregard to the rights of others to the extent that malice may be implied and punitive damages assessed.
SECOND CAUSE OF ACTION-ASSAULT AND BATTERY
COMES NOW the Plaintiff and for his second cause of action against the Defendant Boren and incorporates each and every allegation and averments contained in the preceding paragraphs and further states and alleges the following:
8. The Defendant acted willfully with the intent to harm the Plaintiff
9. The Plaintiff was conscious of the harm and was placed in imminent fear of harm.
10. The Defendants actions are the real and proximate cause of the apprehension suffered by the Plaintiff.
11. The conduct of the Defendant constitutes an assault on the Plaintiff
12. As a result of Defendant Boren’s conduct, Plaintiff suffered bodily injury, emotional distress, pain and suffering and medical expenses. Said injuries are premature, painful, and progressive.
WHEREFORE, Jason Dollarhide, prays judgment against Defendant, Evan Boren, in an amount in excess of the amount required for diversity jurisdiction pursuant to Section 1332 of Title 28 of the United States Code, together with interest, attorney fees, cost of this action, and any other relief that may be available and deemed appropriate by the Court.
ATTORNEY LIEN CLAIMED

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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