Case Style: Dave Dyer v. Drysdale, Inc.
Case Number: CJ-2012-2303
Judge: Dana Kuehn
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: William Ladd Hickman
Defendant's Attorney: John David Lackey and John R. Paul
Description: Dave Dyer sued Drysdale, Inc. on a personal tort theory claiming:
1. That Plaintiffs were customers of the Defendant on April 25, 2012.
2. That on said date, the Defendants falsely imprisoned and/or falsely arrested the Plaintiffs.
3. In addition thereto, the Defendants have defamed the Plaintiffs, having alleged to third parties that the Plaintiffs had committed a crime when, in fact, no crime had been committed.
4. In addition thereto, the Defendants were negligent, thereby causing the Plaintiffs damages.
5. That the acts of the agents, servants and employees of the Defendant were so willful, wanton and intentional as to warrant punitive damages.
WHEREFORE, Plaintiffs pray for judgment against the Defendant in a sum in excess of
$10,000 actual damages, a sum in excess of $10,000 punitive damages, costs, interests and all other
relief which the Court deems just and equitable.
Drysdale answered as follows:
1. The allegations in numerical Paragraph 1 through 5, inclusive, are denied.
2. For further Answer and defense, and pleading in the alternative only, if need there be, Defendant states:
(a) Comparative negligence;
(b) Conduct of independent third parties;
(c) Intervening cause;
(d) Assumption of risks;
(e) Lack of causation and damages;
(h) Conditional privilege;
(i) Lack of publication;
(j) Conduct of Plaintiffs;
(1) Failure to state a claim for which relief can be granted.
3. Defendant reserves the right to further plead or answer at the completion of pretrial discovery.
WHEREFORE, premises considered, Defendant Drysdales prays that the Plaintiffs take nothing by way of the Petition; for judgment in favor of this Defendant and against Plaintiffs; for attorney fees and court costs as allowed by law; for such other and further relief as is just and equitable.
Outcome: Settled and dismissed with prejudice.