Date: 01-28-2016

Case Style: Michelle Park v. Gregory McLain

Case Number: CJ-2013-5799

Judge: Rebecca B. Nightingale

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Greg Denney and Amanda Hinshaw

Defendant's Attorney: Steve Layman

Description: Tulsa, OK - Michelle Park sued Gregory McLain on assault and battery theories claiming:

1. The party litigants are residents of Tulsa County, State of Oklahoma, and the incidents out of which this suit arises occurred within the confines of Tulsa County, State of Oklahoma. This Honorable Court therefore has jurisdiction and venue over the party litigants named herein.
II. FACTUAL ALLEGATIONS
2. The Plaintiff, Michelle L. Parker, is a resident of Tulsa County. At the time of the · incidents, Plaintiff resided with Defendant Gregory McClain at 15912 E. 168th St. Leonard, OK 74043.
3. That on November 251 2013, the Defendant, without the consent of the Plaintiff, acted
with the intent of making a harmful contact with the Plaintiff, and the act resulted in a harmful contact with the Plaintiff.
4. That on the aforementioned date and time the Defendant choked the Plaintiff and threw the Plaintiff against the wall. Defendant slammed the Plaintiff on the kitchen floor, resulting in her injuries. This incident has resulted in Tulsa County case # P0-2013-3816 and Tulsa County case # CM-2013-5667.

III. FIRST CAUSE OF ACTION - ASSUALT - DEFENDANT GREGORY MCCLAIN

5. The Plaintiff adopts and re-alleges paragraphs One (1) through Four (4) above, and incorporates by reference all the foregoing allegations.

6. On or about the 25th day of November, 2013, Defendant Gregory McClain made harmful
contact to Plaintiff, specifically stating that he would kill Plaintiff at a time it appeared he would be able to effectuate such harm.
7. As a result of these threats Plaintiff was placed in imminent apprehension of physical harm. Plaintiff was damaged by Defendant's actions in excess of Ten-Thousand Dollars ($10,000.00) actual damages exclusive of costs and interest.

IV. SECOND CAUSE OF ACTION - BATTERY - DEFENDANT GREGORY MCCLAIN

8. The Plaintiff adopts and re-alleges paragraph One (1) through Seven (7) above, and incorporates by reference all the foregoing allegations.
9. Multiple times on or about November 2511\ 2013, Defendant Gregory McClain
intentionally struck the person of the Plaintiff choking her.
10. Plaintiff did not consent or give permission for Defendant Gregory McClain to do so.
11. The Plaintiff has sustained and/or realized a loss of enjoyment of life in the past and in the future as a result of the injuries and damages sustained in the subject incident, all to her detriment in sum in excess of Ten Thousand Dollars ($10,000.00) actual damages, exclusive of costs and interest.
V. FIFTH CAUSE OF ACTION INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS - DEFENDANT GREGORY MCCLAIN
12. The Plaintiff adopts and re-alleges paragraph One (1) through Eleven (11) above, and incorporates by reference all the foregoing allegations.
13. The actions of the Defendant Gregory McClain on or about the 25th day of November, 2013 were both intentional and reckless in nature.
14. As a result of the contemptible acts of the Defendant Gregory McClain the Plaintiff has suffered emotional distress to such a level it interferes with her daily life.
15. As a result of Defendant's actions Plaintiff and the associated emotional distress Plaintiff was damaged in excess of Ten-Thousand Dollars ($10,000.00) actual damages exclusive of costs and interest.
VI. SIXTH CAUSE OF ACTION FALSE IMPRISONMENT - DEFENDANT GREGORY MCCLAIN
16. Plaintiff re-alleges and incorporates by reference all allegations made in Paragraphs One (!) through Fifteen (15) above, and incorporates by reference all the foregoing allegations.
17. Plaintiff was improperly deprived of her physical liberty as a result of restraint by the Defendant without proper justification or legal privilege.
18. As a result of Defendant acting with reckless disregard Plaintiff was damaged in excess
of Ten-Thousand Dollars ($10,000.00) actual damages exclusive of costs and interest.

VII. SIXTH CAUSE OF ACTION -PUNATIVE DAMAGES- DEFENDANT GREGORY MCCLAIN

19. Plaintiff re-alleges and incorporates by reference all allegations made in Paragraphs One
(1) through Eighteen (18) above, and incorporates by reference all the foregoing allegations.
20. Plaintiff is entitled to punitive damages on her claims as Defendants' conduct and actions alleged herein constitute reckless disregard for Plaintiff's rights and/or intentional malice toward the Plaintiff.
21. As a result of Defendant acting with reckless disregard Plaintiff was damaged in excess of Ten-Thousand Dollars ($10,000.00) actual damages exclusive of costs and interest.

WHEREFORE, Plaintiff respectfully requests that this Court grant her relief as prayed for in this Petition, award attorney fees and costs to the Defendant, a judgment against the Defendant for in excess of $10,000.00, interest, and for such other relief as may be deemed appropriate by this Court.

Outcome: 01-28-2016 DISPJE

NIGHTINGALE, REBECCA: CASE CALLED FOR NON-JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF REPRESENTED BY GREG DENNEY. DEFENDANT REPRESENTED BY STEVE LAYMAN.

OPENING STATEMENTS ARE MADE. 7 WITNESSES SWORN. RULE WAS INVOKED. REPORTER KEMA HICKS.

PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEFENDANT'S REQUEST FOR DIRECTED VERDICT IS DENIED. DEFENDANT PRESENTS EVIDENCE AND RESTS. PLAINTIFF'S REQUEST FOR DEMURRER AND DIRECTED VERDICT IS DENIED.

VERDICTS RETURNED: PLAINTIFF'S CLAIM FOR PERSONAL INJURY: ASSAULT GRANTED IN FAVOR OF DEFENDANT. PLAINTIFF'S CLAIM FOR PERSONAL INJURY: BATTERY IS GRANTED IN FAVOR OF DEFENDANT. PLAINTIFF'S CLAIM FOR PERSONAL INJURY: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS IS GRANTED IN FAVOR OF DEFENDANT. DEFENDANT'S COUNTERCLAIM FOR TORT: ASSAULT IS GRANTED IN FAVOR OF PLAINTIFF. DEFENDANT'S COUNTERCLAIM FOR TORT: BATTERY IS GRANTED IN FAVOR OF PLAINTIFF. PLAINTIFF'S CLAIM FOR TORT: FALSE ARREST AND IMPRISONMENT GRANTED IN FAVOR OF DEFENDANT. DEFENDANT'S COUNTERCLAIM FOR TORT: FALSE ARREST AND IMPRISONMENT GRANTED IN FAVOR OF PLAINTIFF. DEFENDANT'S COUNTERCLAIM FOR TORT: DEFAMATION GRANTED IN FAVOR OF PLAINTIFF. DEFENDANT'S COUNTERCLAIM FOR TORT: CONVERSION GRANTED IN FAVOR OF DEFENDANT. DEFENDANT'S COUNTERCLAIM FOR TORT: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS GRANTED IN FAVOR OF PLAINTIFF. DEFENDANT'S CLAIM FOR CONTRACT: BREACH OF CONTRACT GRANTED IN FAVOR OF PLAINTIFF. DEFENDANT'S COUNTERCLAIM FOR PUNITIVE DAMAGES GRANTED IN FAVOR OF PLAINTIFF. WRITTEN JOURNAL ENTRY OF JUDGMENT TO BE SUBMITTED BY LAYMAN.
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