Date: 06-01-2018

Case Style:

Case Number: CJ-2018-2347

Judge: Jefferson D. Sellers

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: James Linger

Defendant's Attorney: Not avaliable

Description: Tulsa, Oklahoma - Randilynn Yancey sued Osage County District Attorney Rex Duncan claiming:

1. PlaintiffRandilynn Yancey (hereinafter referred to as "Plaintiff Yancey"), is a resident of Tulsa County, Oklahoma.
2. This cause of action involves statements and wrongs against Plaintiff Yancey by Defendant Rex Duncan (hereinafter referred to as "Defendant Duncan") made in Tulsa County,
Oklahoma, involving slander per se and intentional infliction of emotional distress, all of which arose and took place in Tulsa County, Oklahoma, as a result of the publication of such material by oral statements which were disseminated by general circulation in Tulsa County, Oklahoma. Based upon the foregoing, the District Court of Tulsa County has jurisdiction over the subject matter, and in personam jurisdiction over the Defendant Duncan, and venue is proper in Tulsa County.
3. On or about February 13, 2018, the Defendant Duncan individually commenced a malicious and vicious attack against the Plaintiff Yancey, falsely alleging certain disreputable conduct which was untrue, and with the intent and natural result to bring harm to the Plaintiff Yancey. This was done without justification or cause and with the intent to deprive the Plaintiff Yancey of her rights, hold her up to ridicule in the community and inflict emotional distress upon
her, none of which was justified. All of the actions were done with the intent to cause and did cause actual and lasting damages to Plaintiff Yancey.
4. Thereafter, the Defendant Duncan made known to the general public by stating alleged wrongs and illegal doings by the Plaintiff Yancey without cause or reason to believe the truth of said allegations. Furthermore, the Defendant Duncan acting maliciously launched what can only be characterized as a personal attack on the Plaintiff Yancey by defaming her to others by accusing her of immoral and illegal acts, thereby intentionally inflicting emotional distress on the Plaintiff Yancey.
5. The actions and statements committed by the Defendant Duncan were wanton, willful, and/or grossly negligent, and made with malice. Said actions and statements intentionally inflicted emotional or physical distress and defamed the Plaintiff Yancey with certain members of the Skiatook Police Department and the general public, holding her up as an unsavory character and women of ill repute, stating without a good faith basis and with ridicule, and in relation to other outrageous statements that "she is an under aged or half his age whore." Said statements being made in reference to a conversation concerning the Plaintiffs husband, Daniel Yancey, the City Manager of the City of Skiatook, Oklahoma, for whom Defendant Duncan has an attitude of animosity.
6. That the statements of the Defendant Duncan and his actions relating thereto were directed toward the Plaintiff Yancey's moral and temporal welfare and were ungrounded and without a factual basis of any kind and made for the purpose of imposing upon the Plaintiff Yancey and her husband the ridicule of the community. Further, even though Defendant Duncan has had the opportunity to apologize for his ungentlemanly conduct and statements, he has failed to do so.

COUNT!

(Slander Per Se)

7. Plaintiff Yancey realleges and restates the allegations set forth in paragraphs 1 through 6 hereinabove and incorporates them in Count I as though fully set forth herein.
8. The Defendant Duncan, knowingly, and with malice aforethought, originated scandalous and insidious statements per se about the Plaintiff Yancey, which would naturally result in contending that she was guilty of immoral acts, abuse of her position with the community, and falsely claiming that she lacked moral integrity, none of which has been shown to be true. As a result of the actions of the Defendant Duncan, the Plaintiff Yancey is entitled to recover actual and consequential damages against the Defendant Duncan in an amount in excess of $10,000.00, to be determined at trial. In addition, the actions of the Defendant Duncan were willful, malicious, wanton and in disregard of the Plaintiff Yancey's rights, for which an award of punitive damages is appropriate, in an amount in excess of $10,000.00, to be determined at trial.

COUNT II

(Intentional Infliction of Emotional Distress)

9. Plaintiff realleges and restates the allegations set forth in paragraphs 1 through 8 hereinabove and incorporates them in Count II as though fully set forth herein.
10. That Defendant Duncan knew the aforesaid statements published about Plaintiff Yancey would cause her emotional distress and the loss of respect of the community. The Plaintiff Yancey therefore is entitled to recover actual and consequential damages against the Defendant Duncan in an amount in excess of $10,000.00, to be determined at trial. In addition, the actions of the Defendant Duncan were willful, malicious, wanton, and in disregard of the
, .. • •
Plaintiff Yancey's rights, for which an award of punitive damages is appropriate, in an amount in excess of $10,000.00, to be determined at trial.
WHEREFORE, premises considered, Plaintiff Yancey demands a jury trial, requests the Court to enter a judgment in her favor and against the Defendant Duncan in the above-referenced Counts against him as follows: in favor of the Plaintiff for slander per se, in an amount to be determined at trial, but in excess of $10,000.00 for actual damages; and in excess of $10,000.00 for punitive damages; in favor of the Plaintiff for intentional infliction of emotional and physical distress, in an amount to be determined at trial, but in excess of $10,000.00 for actual damages; and in excess of $10,000.00 for punitive damages. In addition, the actions of the Defendants were willful, malicious, wanton, and in disregard of the Plaintiffs rights, for which an award of punitive damages is appropriate, in an amount of at least $10,000.00, to be determined at trial.
Additionally, the Plaintiff Yancey's costs, including reasonable attorney's fees, and for all such other legal or equitable relief to which this Court finds Plaintiff Yancy is entitled.

Outcome: Pending

Plaintiff's Experts:

Defendant's Experts:

Comments: