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Date: 09-12-2014

Case Style: Bently J. Wright v. David Weaver, et al.

Case Number: CJ-2012-4561

Judge: Daman H. Cantrell

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Greg Denney

Defendant's Attorney: Billy Jack Smith

Description: Tulsa, OK - Bently J. Wright sued David Weaver, Billy & Dorothy Smith Trust, Billy Warren Smith, Dorothy Ann Smith and Amber R. Wright on breach of contract theories alleging:

COMES NOW, the Plaintiff, Bentley Wright, an individual, by and through his attorney of record, Gregory J. Denney of Gregory J. Denney & Associates, P.C., and for his cause of action against the Defendants, David Weaver, in his individual capacity and in his official capacity as an agent for the landlords, Billy Warren Smith, an individual, and Dorothy Ann Smith, an individual, would allege and state as follows:
I. JURISDICTION AND VENUE
1. The events and property giving rise to this lawsuit occurred in Tulsa County, State of
Oklahoma In addition, the Plaintiffs and Defendant David Weaver reside in Tulsa
County, State of Oklahoma Defendants Billy Smith and Dorothy Smith own real es in Tulsa County This Honorable Court therefore has jurisdiction and venue over 1he party litigants named herein.
II. FACTUAL ALLEGATIONS
2. The Plaintiff, Bentley Wright owns and operates an automobile repair business, Bentley Auto.
3. Bentley Auto had a written contact to lease real property, located at 5026 E. Admiral P1., Tulsa, OK, on a month by month basis. The property is owned by Defendants Billy Warren Smith and Dorothy Ann Smith, a married couple.
4. The property is managed by Defendant, David Weaver on behalf and as an agent of Defendants Billy Warren Smith and Dorothy Ann Smith.
5. That on July l3, 2012, Plaintiff and Defendant Weaver had a conversation in which they contracted for the Plaintiff to vacate the property in two (2) weeks, and pay the remaining balance owed in rents, due in two (2) weeks.
6. That on July 23’”, 2012, Plaintiff visited the property at which his business was located and discovered that the locks were changed and he was unable to gain access. Defendant Weaver informed the Plaintiff that he would deny access until payment was made in full.
7. That on the evening of July 30th, 2012, the real property was burglarized, with many items of value stolen, all personal property of the Plaintiff.
III. FIRST CAUSE OF ACTION - BREACH OF CONTRACT
8. The Plaintiff adopts and incorporates by reference above paragraphs one (1) through seven (7).
9. The essential elements of a contract were present, the parties were capable of contracting, they gave their consent, it was a lawful object and there was sufficient consideration.
10. That Defendant Weaver breached said contract by changing the locks on the property and denying access before the two (2) week period was completed, as previously contracted to.
11. That due to the breach of contract, the Plaintiff was unable to vacate the premises and remove his personal property.
12. That Defendant Weaver is an agent of Defendants Billy Warren Smith and Dorothy Ann Smith, acting in his scope of his authority at the time of the events, and therefore the Defendant’s Billy Warren Smith and Dorothy Ann Smith are liable for the act or omissions of Defendant Weaver.
13. That the Plaintiff is entitled to a judgment against the Defendants in an amount in excess of Ten-Thousand Dollars and 00/100 ($10,000.00), in addition to his attorney’s fees and costs.
III. SECOND CAUSE OF ACTION - CONVERSION
14. The Plaintiff adopts and incorporates by reference above paragraphs one (1) through thirteen (13).
15. That Plaintiff was the owner of miscellaneous personal property that was located on the subject real property.
16. That Defendant Weaver intentionally prevented Plaintiff from having access to the personal property, without the Plaintiffs consent.
17. That the Plaintiff was harmed as a result of the conduct of the Defendant Weaver.
18. That Defendant Weaver is an agent of Defendants Billy Warren Smith and Dorothy Ann Smith, acting in his scope of his authority at the time of the events, and therefore the Defendant’s Billy Warren Smith and Dorothy Ann Smith are liable for the act or omissions of Defendant Weaver.
19. That the Plaintiff is entitled to a judgment against the Defendants in an amount in excess of Ten-Thousand Dollars and 00/100 ($10,000.00), in addition to his attorney’s fees and costs.
IV. THIRD CAUSE OF ACTION - NEGLIGENCE
20. The Plaintiff readopts and incorporates by reference above paragraphs one (1) through nineteen (19).
21. That Defendant Weaver owed a duty to the Plaintiff, and breached that duty.
22. That the Defendant’s breach of duty was the actual and proximate cause of the injury sustained by the Plaintiff.
23. That Defendant Weaver is an agent of Defendants Billy Warren Smith and Dorothy Ann Smith, acting in his scope of his authority at the time of the events, and therefore the Defendant’s Billy Warren Smith and Dorothy Ann Smith are liable for the act or omissions of Defendant Weaver.
24. That the Plaintiff is entitled to a judgment against the Defendants in an amount in excess of Ten-Thousand Dollars and 00/100 ($10,000.00), in addition to his attorney’s fees and costs.
VI. FOURTH CAUSE OF ACTION - BAILMENT
25. The Plaintiff readopts and incorporates by reference above paragraphs one (1) through twenty-four (24).
26. An involuntary bailment was created by the Plaintiff placing the personal property with Defendant Weaver, through the Defendant’s actions, without any negligence on the part of the Plaintiff.
27. That Defendant Weaver owed the Plaintiff a duty of care in the preservation of the personal property, and that duty was breached, with willful and gross negligence. That Defendant Weaver owed the Plaintiff a duty to return the personal property upon demand, and that duty was breached.
28. That, as a result of the breach, the Plaintiff was harmed by the conduct of Defendant Weaver.
29. That Defendant Weaver is an agent of Defendants Billy Warren Smith and Dorothy Ann Smith, acting in his scope of his authority at the time of the events, and, therefore the Defendant’s Billy Warren Smith and Dorothy Ann Smith are liable for the act or omissions of Defendant Weaver.
30. That the Plaintiff is entitled to a judgment against the Defendants in an amount in excess of Ten-Thousand Dollars and 00/100 ($10,000.00), in addition to his attorney’s fees and costs.
VII. FIFTH CAUSE OF ACTION - NEGLIGENC IN FAILURE TO FOLLOW
THE PROVISIONS OF 41O.S. 52
31. The Plaintiff readopts and incorporates by reference above paragraphs one (1) through thirty (30).
32. That Defendant Weaver deliberately or negligently violated the provisions of 41 0.S. §
52, by failing to abide by the terms of the statute.
33. That Defendant Weaver had a duty owed to the Plaintiff to follow the provisions of the above referenced statute upon re-taking possession of the real property with the Plaintiffs personal property still located within.
34. That Defendant Weaver breached that duty and the breach was the actual and proximate cause of injury to the Plaintiff.
35. That Defendant Weaver is an agent of Defendants Billy Warren Smith and Dorothy Ann Smith, acting in his scope of his authority at the time of the events, and therefore the Defendant’s Billy Warren Smith and Dorothy Ann Smith are liable for the act or omissions of Defendant Weaver.
36. That the Plaintiff is entitled to a judgment against the Defendants in an amount in excess of Ten-Thousand Dollars and 00/100 ($10,000.00), in addition to his attorney’s fees and costs.
WhEREFORE, Plaintiff prays for a judgment against each of the Defendants on the above causes of action in an amount in excess of $10,000 for each cause, attorney’s fees, and for such other and further relief to which this Court deems Plaintiff entitled under the circumstances.

08-06-2014 CTFREE - 90947117 Aug 11 2014 11:18:23:133AM - $ 0.00
CANTRELL, DAMAN: CASE CALLED FOR NON-JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY GREGORY DENNEY. DEFENDANT PRESENT AND REPRESENTED BY BILLY JACK SMITH.

OPENING STATEMENTS ARE MADE. 3 WITNESSES SWORN. RULE WAS NOT INVOKED. REPORTER ANN FITE.

PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEFENDANT PRESENTS EVIDENCE AND RESTS. BOTH SIDES REST.

CLOSING ARGUMENTS ARE MADE.

THE COURT'S DECISION:

PARTIES ARE TO SUBMIT FINDING OF FACTS AND CONCLUSIONS WITHIN 30 DAYS.


Outcome: Judgment in favor of Defendant on a counterclaim in the amount of #3,000.00.

Plaintiff's Experts:

Defendant's Experts:

Comments:



 
 
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