Date: 12-19-2012

Case Style: Dennis Wilbert v. Michael Gene Glazier

Case Number: CJ-2009-8300

Judge: Dana Kuehn

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney:

Tulsa Personal Injury Lawyer Directory

Defendant's Attorney: Stephen M. Coates and David Wilson

Description: Dennis Wilbert and Susan Wilbert sued Michael Gene Glazier on civil assault and battery theories.

On February 7th 2009, the Defendant came upon the Plaintiffs’ property and attempted to extort money from the Plaintiffs for fencing, to which the Plaintiffs did not agree, after which the Defendant threatened to do bodily harm and br kill the Plaintiff, Dennis Wilbert. Thereafter, the Defendant punched the Plaintiff, Dennis Wilbert, in the left jaw and again threatened to tear Plaintiff’s “f---ing” head off and kill him if he continued to refuse to pay money to the Defendant, which the Plaintiffs did not owe and to which the Defendant is not entitled.

Defendant appeared and filed a general denial answer and claimed that Dennis Wilbert intended to put him in apprehension of harmful and offensive conduct. He also pleaded self-defense and consent.

The Court's minute from the trial of this case is set forth below:

KUEHN, DANA: CASE CALLED FOR JURY TRIAL ON NOVEMBER 26, 2012. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY PAUL BOUDREAUX. DEFENDANT PRESENT AND REPRESENTED BY DAVID WILSON AND STEPHEN COATES.

THE JURORS ARE CALLED AND SWORN TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. THE JURORS ARE ACCEPTED FOR CAUSE.

OPENING STATEMENTS ARE MADE. SEVEN (7) WITNESSES SWORN. RULE WAS INVOKED. COURT REPORTER-DIANA CAVENAH. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEFENDANT DEMURS AND DEMURRER IS DENIED EXCEPT DEMURRER AS TO EXTORTION CLAIM IS GRANTED. DEFENDANT PRESENTS EVIDENCE AND RESTS. PARTIES MOVE FOR DIRECTED VERDICT AND ARE DENIED. BOTH SIDES REST.

THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND ON NOVEMBER 28, 2012, AT 4:16 P.M., THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. ON NOVEMBER 28, 2012, AT 9:20 P.M., THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT, WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT:

“WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE PLAINTIFF, DENNIS WILBERT, AS FOLLOWS: 1. THE DOLLAR AMOUNT OF HIS ACTUAL DAMAGES IS THE SUM OF $37,500.00. 2. WE DO FIND BY CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT, MICHAEL GLAZIER, ACTED IN RECKLESS DISREGARD OF THE RIGHTS OF OTHERS. 3. WE DO FIND BY CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT, MICHAEL GLAZIER, ACTED INTENTIONALLY AND WITH MALICE TOWARDS OTHERS. JURORS CONCURRING; SIGNED ******, FOREPERSON.” (FROM VERDICT FORM - ASSAULT) -AND- “WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE PLAINTIFF, DENNIS WILBERT, AS FOLLOWS: 1. THE DOLLAR AMOUNT OF HIS ACTUAL DAMAGES IS THE SUM OF $37,500.00. 2. WE DO FIND BY CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT, MICHAEL GLAZIER, ACTED IN RECKLESS DISREGARD OF THE RIGHTS OF OTHERS. 3. WE DO FIND BY CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT, MICHAEL GLAZIER, ACTED INTENTIONALLY AND WITH MALICE TOWARDS OTHERS. JURORS CONCURRING; SIGNED ******, FOREPERSON.” (FROM VERDICT FORM - BATTERY) -AND- “WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND IN FAVOR OF PLAINTIFF, DENNIS WILBERT, AND FIX THE DOLLAR AMOUNT OF PUNITIVE DAMAGES IN THE SUM OF $40,000.00. JURORS CONCURRING.” (FROM VERDICT FORM)

JURY DISCHARGED.

Outcome: Plaintiffs' verdict for $40,000.00.

Plaintiff's Experts: Ray Archer, CPA, Tulsa, Oklahoma, damages

Defendant's Experts: Paul Burgess, CPA, Tulsa, Oklahoma, damages

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