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First Trinity Financial Corporation and Gregg E. Zahn v. Wayne Pettigrew and Group & Pension Planners, Inc.
Date: 02-23-2017
Case Number: CJ-2013-3385
Judge: Linda G. Morrissey
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Keith Ward
Defendant's Attorney: Bill Pettigrew
Description:
Tulsa, OK - Jury Awards Insurance Company $4.3 Million
First Trinity Financial Corporation and Gregg E. Zahn sued Wayne Pettigrew and Group & Pension Planners, Inc. on breach of fiduciary duty theories.
First Trinity Financial Corporation is a privately-owned holding company whose holding include two life insurance companies. It has approximately 2,000 shareholds. FTFC's President, CEO, Chariman and largest sharehold is Gregg Zahn. Mr. Zahn organized FTFC as a start-up company in 2005. Since it began marketing products in 2007, FTFC has been extremely successful and owns assests valued at more than $200,000,000.00 and has sharehold equity of over $33,000,000.00.
Mr. Pettigrew was one of FTFC's founding directors. IN 2012 and 2013 he attempted to take control of the company and was removed from the board of directors. FTFC and Zahn claimed that Pettigrew engaged in a campaign of defamation and improper interfenced with FTFC's business and relationships with FTFC government regulators.
Plaintiffs claimed that in April, 2013, without prior discussion with FTFC's board or management and without notice to the board or the company, Mr. Pettigrew sent a barrage of press releases and letters to members of the presss, to regulatory agencies and to FTFC's business contacts in which he pulished extremely derogatory, defamatory matters about Mr. Zahn and FTFC. Among other things, Plaintiffs claimed that Mr. Pettigrew's press releases and letters accused Mr. Zahn of committing criminal acts, of deceiving FTFC's board of directors, of cheating his ex-wife, of violating securities laws and of mismanaging the company. Plaintiffs further claimed that many of Pettigrew's allegations were defamatory per se and caused financial and reputational harm to them.
Defendant claimed that all of the statements by him were true.
The Petition:
The plaintiffs, First Trinity Financial Corporation ("FTFC") and Gregg Zahn ("Mr.
Zahn") (collectively, "the plaintiffs"), for their claims against the defendants, Wayne Pettigrew ("Mr. Pettigrew") and Group Pension Planners, Inc. ("GPPI'') (collectively "the defendants"), state as follows:
PARTIES
1. FTFC is an Oklahoma Corporation doing business in Oklahoma and maintains its principal place of business in Tulsa, Oklahoma.
2. Mr. Zahn is an individual and is a resident of Tulsa, Oklahoma.
3. Wayne Pettigrew is an individual and, upon information and belief, is a resident of Edmond, Oklahoma.
4. OPP! purports to be a corporation but is not domesticated in Oklahoma and is not registered with the Oklahoma Secretary of State to do business in the state of Oklahoma but does business and can be served with process at 1601 Medical Center Drive # 4, Edmond, Oklahoma.
Issues
For cases filed before 1/1/2000, ancillary issues may not appear except in the docket.
Issue # 1. Issue: BREACH OF FIDUCIARY DUTY (DUTY)
Filed By: FIRST TRINITY FINANCIAL CORPORATION
Filed Date: 07/19/2013
Party Name Disposition Information
Defendant: PETTIGREW, WAYNE
Defendant: GROUP & PENSION PLANNERS INC
Docket
Date Code Description Count Party Amount
07-19-2013 TEXT
CIVIL RELIEF MORE THAN $10,000 INITIAL FILING.
OCIS HAS AUTOMATICALLY ASSIGNED JUDGE MORRISSEY, LINDA G. TO THIS CASE.
07-19-2013 ACCOUNT
RECEIPT # 2013-2645517 ON 07/19/2013.
PAYOR:KEITH A WARD PLLC TOTAL AMOUNT PAID: $223.70.
08-12-2013 EAA
SPECIAL ENTRY OF APPEARANCE / MAURICE G WOODS II AND ROBERT NASH THOMAS ENTERING AS COUNSEL / W-CS /CERTIFICATE OF MAILING
Document Available (#1022635156) Download document in TIFF format.TIFF Download document in PDF format.PDF
PETTIGREW, WAYNE
08-30-2013 A
ANSWER / TO THE PETITION OF THE PLAINTIFF / CERTIFICATE OF MAILING
Document Available (#1022836827) Download document in TIFF format.TIFF Download document in PDF format.PDF
PETTIGREW, WAYNE
09-06-2013 EAA
SPECIAL ENTRY OF APPEARANCE AND MOTION TO DISMISS OR ALTERNATIVELY MOTION TO AMEND CAPTION / ROBERT NASH THOMAS AND MAURICE G WOODS II ENTERING AS COUNSEL / W-CS
Document Available (#1022830258) Download document in TIFF format.TIFF Download document in PDF format.PDF
GROUP & PENSION PLANNERS INC
09-18-2013 OBJ
PLAINTIFFS' OBJECTION AND RESPONSE TO DEFENDANT GROUP & PENSION PLANNERS INC'S MOTIN TO DISMISS OR TO AMEND CAPTION / CERTIFICATE OF MAILING
Document Available (#1022964892) Download document in TIFF format.TIFF Download document in PDF format.PDF
FIRST TRINITY FINANCIAL CORPORATION
10-02-2013 APLI
DEFENDANT GROUP AND PENSION PLANNERS' APPLICATION FOR LEAVE OF COURT TO FILE A REPLY BRIEF TO PLAINTIFF'S OBJECTION AND RESPONSE TO DEFENDANT'S MOTION TO DISMISS OR ALTERNATIVELY AMDEN CAPTION / A TOJ / CERTIFICATE OF MAILING
Document Available (#1023093903) Download document in TIFF format.TIFF Download document in PDF format.PDF
GROUP & PENSION PLANNERS INC
10-15-2013 CTFREE
MORRISSEY, LINDA G: DEFENDANT GROUP AND PENSION PLANNERS' APPLICATION FOR LEAVE OF COURT TO FILE A REPLY BRIEF TO PLAINTIFF'S OBJECTION AND RESPONSE TO DEFENDANT'S MOTION TO DISMISS OR ALTERNATIVELY AMEND CAPTION IS GRANTED.
COPY OF THIS MINUTE WAS MAILED TO: KEITH WARD; MAURICE WOODS, ROBERT THOMAS
10-15-2013 O
ORDER / SEE ENTRY ABOVE / AFFIDAVIT OF MAILING
Document Available (#1023143837) Download document in TIFF format.TIFF Download document in PDF format.PDF
10-21-2013 R
DEFT GROUP & PENSION PLANNERS' REPLY TO PLTF'S OBJECTION & RESPONSE TO DEFT'S GROUP & PENSION PLANNERS' MOTION TO DISMISS OR ALTERNATIVELY AMEND THE CAPTION (A/J)
Document Available (#1023329646) Download document in TIFF format.TIFF Download document in PDF format.PDF
GROUP & PENSION PLANNERS INC
10-24-2013 CTFREE
MORRISSEY, LINDA G: A MOTION TO DISMISS IS GENERALLY VIEWED WITH DISFAVOR. SIMONSON V. SCHAEFER, 2013 OK 25 ¶3, 301 P.3D 413. THE BURDEN TO SHOW THE LEGAL INSUFFICIENCY OF THE PETITION IS ON THE PARTY MOVING FOR DISMISSAL AND THE DEFENDANT HEREIN HAS FAILED TO SATISFY HIS BURDEN OF PROOF IN SUPPORT OF HIS MOTION TO DISMISS. TUFFY'S, INC. V. CITY OF OKLAHOMA CITY, 2009 OK 4 ¶ 6, 212 P.3D 1158, 1163. THE MOTION IS DENIED.
COPY OF THIS MINUTE MAILED TO: KEITH A. WARD; MAURICE G. WOODS, II, ROBERT NASH THOMAS
10-25-2013 O
ORDER / SEE ABOVE ENTRY / AFFIDAVIT OF MAILING
Document Available (#1023331866) Download document in TIFF format.TIFF Download document in PDF format.PDF
11-14-2013 EAA
ENTRY OF APPEARANCE (MAURICE WOODS II ENTERS AS COUNSEL) / CERTIFICATE OF MAILING
Document Available (#1023554377) Download document in TIFF format.TIFF Download document in PDF format.PDF
GROUP & PENSION PLANNERS INC
11-14-2013 A
ANSWER / CERTIFICATE OF MAILING
Document Available (#1023551581) Download document in TIFF format.TIFF Download document in PDF format.PDF
GROUP & PENSION PLANNERS INC
12-11-2013 EAA
ENTRY OF APPEARANCE / KYLE E WACKENHEIM ENTERING AS COUNSEL / CERTIFICATE OF MAILING
Document Available (#1023607159) Download document in TIFF format.TIFF Download document in PDF format.PDF
PETTIGREW, WAYNE
05-05-2014 NO
NOTICE OF DOCUMENT SUBPOENA (TO OFFICE OF COMMISSIONER OF SECURITIES & INSURANCE, MONTANA STATE AUDITOR'S OFFICE)
Document Available (#1025114639) Download document in TIFF format.TIFF Download document in PDF format.PDF
PETTIGREW, WAYNE
05-05-2014 NO
NOTICE OF DOCUMENT SUBOENA (TO: SCHNAKE TURNBO FRANK
Document Available (#1025114664) Download document in TIFF format.TIFF Download document in PDF format.PDF
PETTIGREW, WAYNE
05-05-2014 AM
AMENDED NOTICE OF VIDEO DEPOSITON (OF LYNNE EGAN)
Document Available (#1025114668) Download document in TIFF format.TIFF Download document in PDF format.PDF
PETTIGREW, WAYNE
06-27-2014 CTFREE
MORRISSEY, LINDA G: CASE IS SET FOR SCHEDULING CONFERENCE ON 7/24/14 AT 1:30 PM, ROOM 601. COUNSEL OR PARTIES WITHOUT COUNSEL SHOULD APPEAR OR DISPOSITION MAY BE MADE IN THEIR ABSENCE.
NOTICE MAILED TO: KEITH WARD; MAURICE WOODS, ROBERT THOMAS; KYLE WACKENHEIM
06-27-2014 NO
NOTICE / SEE MINUTE ENTRY / CERTIFICATE OF MAILING / TO: ROBERT NASH THOMAS
Document Available (#1026255782) Download document in TIFF format.TIFF Download document in PDF format.PDF
06-27-2014 NO
NOTICE / SEE MINUTE ENTRY / CERTIFICATE OF MAILING / TO: MAURICE G WOODS II
Document Available (#1026255778) Download document in TIFF format.TIFF Download document in PDF format.PDF
06-27-2014 NO
NOTICE / SEE MINUTE ENTRY / CERTIFICATE OF MAILING / TO: KYLE WACKENHEIM
Document Available (#1026255774) Download document in TIFF format.TIFF Download document in PDF format.PDF
06-27-2014 NO
NOTICE / SEE MINUTE ENTRY / CERTIFICATE OF MAILING / TO: KEITH A WARD
Document Available (#1026255770) Download document in TIFF format.TIFF Download document in PDF format.PDF
07-10-2014 CNOTE
CLERK'S NOTE: SCHEDULING CONFERENCE SET 7/24/14 IS STRICKEN; AGREED SCHEDULING ORDER SUBMITTED
07-10-2014 CTFREE
MORRISSEY, LINDA G: AGREED SCHEDULING ORDER ENTERED; PRETRIAL CONFERENCE SET 4/27/15 AT 10:00 AM
07-17-2014 SCHO
AGREED SCHEDULING ORDER
Document Available (#1026477011) Download document in TIFF format.TIFF Download document in PDF format.PDF
12-15-2014 CTFREE
MORRISSEY, LINDA G: PLAINTIFFS' APPLICATION FOR CONTEMPT CITATION IS SET FOR HEARING ON 1/6/15 AT 10:30 AM, ROOM 601
12-15-2014 APLI
VERIFIED APPLICATION FOR CONTEMPT CITATION ( BY PLANINTIFF)
Document Available (#1027972759) Download document in TIFF format.TIFF Download document in PDF format.PDF
12-19-2014 TEXT
CONTEMPT CITATION (SEE MINUTE ABOVE)
Document Available (#1028057325) Download document in TIFF format.TIFF Download document in PDF format.PDF
01-05-2015 CNOTE
CLERK'S NOTE: PER PHONE CALL FROM KEITH WARD, HEARING SET 1/6/15 IS STRICKEN AND RESET TO 3/26/15 AT 11:30 AM; MR WARD TO NOTIFY OPPOSING COUNSEL OF NEW HEARING DATE
01-22-2015 MO
JOINT MOTION TO EXTEND SCHEDULING ORDER DEADLINES / A TO J /
Document Available (#1028390033) Download document in TIFF format.TIFF Download document in PDF format.PDF
FIRST TRINITY FINANCIAL CORPORATION
01-26-2015 CTFREE
MORRISSEY, LINDA G: JOINT MOTION TO EXTEND SCHEDULING ORDER DEADLINES GRANTED; AGREED SCHEDULING ORDER ENTERED; PRETRIAL CONFERENCE SET 7/16/15 AT 10:00 AM
02-12-2015 O
AGREED SCHEDULING ORDER / 1-26-15
Document Available (#1028669426) Download document in TIFF format.TIFF Download document in PDF format.PDF
03-19-2015 MO
JOINT MOTION TO EXTEND SCHEDULING ORDER DEADLINES / A TO J
Document Available (#1029065345) Download document in TIFF format.TIFF Download document in PDF format.PDF
03-23-2015 CTFREE
MORRISSEY, LINDA G: JOINT MOTION TO EXTEND SCHEDULING ORDER DEADLINES GRANTED; AGREED AMENDED SCHEDULING ORDER ENTERED; PRETRIAL CONFERENCE SET 7/16/15 AT 10:00 AM
03-23-2015 AM
AGREED AMENDED SCHEDULING ORDER / 3-23-15
Document Available (#1029068111) Download document in TIFF format.TIFF Download document in PDF format.PDF
03-26-2015 CNOTE
CLERK'S NOTE: PER PHONE CALL FROM KEITH WARD, HEARING ON PLAINTIFF'S APPLICATION FOR CONTEMPT CITATION SET 3/26/15 IS STRICKEN AS RESOLVED
07-14-2015 CTFREE
MORRISSEY, LINDA G: AGREED SECOND AMENDED SCHEDULING ORDER ENTERED; PRETRIAL CONFERENCE SET 12-9-15 AT 11:00 AM, ROOM 513; PARTIES AGREE TO ATTEND PRIVATE MEDIATION PRIOR TO PRETRIAL
NO FURTHER CONTINUANCES/EXTENSIONS WILL BE GRANTED
07-20-2015 AM
AGREED SECOND AMENDED SCHEDULING ORDER / 7-14-15
Document Available (#1030259390) Download document in TIFF format.TIFF Download document in PDF format.PDF
07-29-2015 MO
MOTION TO COMPEL RESPONSES TO DEFENDANT'S REQUESTS FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF FIRST TRINITY CORPORATION
Document Available (#1030383405) Download document in TIFF format.TIFF Download document in PDF format.PDF
PETTIGREW, WAYNE
09-02-2015 CTFREE
MORRISSEY, LINDA G: THERE BEING NO RESPONSE, THE MOTION TO COMPEL RESPONSES TO DEFENDANT'S REQUESTS FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF FIRST TRINITY CORPORATION IS GRANTED.
COPY OF THE MINUTE MAILED TO: KEITH WARD; MAURICE WOODS, II
09-03-2015 O
ORDER/ SEE ENTRY ABOVE / AFFIDAVIT OF MAILING
Document Available (#1030813196) Download document in TIFF format.TIFF Download document in PDF format.PDF
09-23-2015 MOQ
PLAINTIFFS' MOTION TO QUASH SUBPOENAS SEVED ON ITS LEGAL COUNSEL / A TO J / CERTIFICATE OF MAILING
Document Available (#1030905801) Download document in TIFF format.TIFF Download document in PDF format.PDF
FIRST TRINITY FINANCIAL CORPORATION
09-28-2015 MO
PLAINTIFFS' MOTION TO VACATE OR RECONSIDER ORDER COMPELLING DISCOVERY / A TO J / NO FEE / CERTIFICATE OF SERVICE
Document Available (#1030900329) Download document in TIFF format.TIFF Download document in PDF format.PDF
FIRST TRINITY FINANCIAL CORPORATION
10-16-2015 APLI
DEFENDANT'S APPLICATION FOR ENLARGEMENT OF TIME AND QUALIFIED RESPONSE TO PLAINTIFF'S MOTION TO VACATE ORDER COMPELLING DISCOVERY
Document Available (#1031274089) Download document in TIFF format.TIFF Download document in PDF format.PDF
GROUP & PENSION PLANNERS INC
10-23-2015 CTFREE
MORRISSEY, LINDA G: THERE BEING NO RESPONSE OBJECTING TO PLAINTIFFS' MOTION TO QUASH SUBPOENAS, THE SAME IS GRANTED.
COPY OF THE MINUTE MAILED TO: KEITH WARD; MAURICE WOOD
10-26-2015 O
ORDER/ SEE ABOVE ENTRY / AFFIDAVIT OF MAILING
Document Available (#1031421707) Download document in TIFF format.TIFF Download document in PDF format.PDF
10-30-2015 B
DEFENDANT'S SUPPLEMENTAL BRIEF REGARDING MOTIONS TO COMPEL DISCOVERY, QUASH SUBPOENAS AND REQUEST FOR HEARING REGARDING SAME / A TO J / CERTIFICATE OF MAILING
Document Available (#1031418528) Download document in TIFF format.TIFF Download document in PDF format.PDF
PETTIGREW, WAYNE
10-30-2015 CTFREE
MORRISSEY, LINDA G: ORDER ENTERED SETTING DEFENDANT'S APPLICATION FOR ENLARGEMENT OF TIME AND QUALIFIED REPSONSE TO PLAINTIFF'S MOTION TO VACATE ORDER COMPELLING DISCOVERY FOR HEARING ON 12-7-15 AT 10:00 AM, ROOM 513
11-05-2015 RESP
PLAINTIFFS' RESPONSE AND OBJECTION TO DEFENDANT'S SUPPLEMENTAL BRIEF REGARDING MOTIONS TO COMPEL DISCOVERY, QUASH SUBPOENAS AND REQUEST FOR HEARING / A TO J / CERTIFICATE OF MAILING
Document Available (#1031527032) Download document in TIFF format.TIFF Download document in PDF format.PDF
ZAHN, GREGG E
11-16-2015 OH
ORDER FOR HEARING/ PLAINIFF'S MOTION TO VACATE ORDER COMPELLING DISCVOERY SET FOR HEARING ON 12-7-15 / @ 10 AM
Document Available (#1031521077) Download document in TIFF format.TIFF Download document in PDF format.PDF
11-18-2015 CTFREE
MORRISSEY, LINDA G; CASE SET FOR HEARING ON PLAINTIFFS' MOTION TO VACATE OR RECONSIDER ORDER COMPELLING DISCOVERY ON 1-5-2016 AT 2:00 PM ROOM 513; COPY OF NOTICE OF HEARING MAILED TO ROBERT NASH THOMAS, KYLE WACKENHEIM, KEITH A WARD, MAURICE G WOODS II;
11-19-2015 NOH
NOTICE OF HEARING / AFD OF MAILING
Document Available (#1031521972) Download document in TIFF format.TIFF Download document in PDF format.PDF
12-01-2015 R
DEFENDANT'S REPLY TO PLAINTIFFS' RESPONSE AND OBJECTION REGARDING MOTIONS TO COMPEL DISCOVERY AND QUASH SUBPOENAS / CERTIFICATE OF MAILING
Document Available (#1031728887) Download document in TIFF format.TIFF Download document in PDF format.PDF
PETTIGREW, WAYNE
12-02-2015 CNOTE
CLERK'S NOTE; HEARING SET FOR 12-7-2015 RESET FOR 1-5-2016 AT 2:00 PM ROOM 513; MAURICE WOODS AND KEITH WARD INFORMED OF NEW HEARING DATE;
12-09-2015 CTFREE
MORRISSEY, LINDA G; CASE COMES ON FOR PRETRIAL CONFERENCE, PASSED TO 1-29-2016 AT 2:00 PM ROOM 513; PARTIES TO NOTIFY COURT BY 12-17-2015 AS TO APPOINTMENT OF DISCOVERY MASTER;
12-17-2015 CTFREE
MORRISSEY, LINDA G; PER KEITH WARD, DISCOVERY ISSUES HAVE BEEN RESOLVED. PARTIES WON'T NEED A DISCOVERY MASTER APPOINTED;
01-25-2016 CTFREE
MORRISSEY, LINDA G; ORDER AND NOTICE OF HEARING ENTERED PASSING PRETRIAL CONFERENCE SET FOR 1-29-2016 TO 3-14-2016 AT 10:00 AM IN COURT ROOM 513; COUNSEL OR PARTIES WITHOUT COUNSEL MUST ATTEND OR DISPOSITION MAY BE MADE IN THEIR ABSENCE; COPIES MAILED TO KEITH WARD, ROBERT THOMAS, KYLE WACKENHEIM, AND MAURICE WOODS II;
01-25-2016 O
ORDER AND NOTICE OF HEARING / SEE ABOVE ENTRY / AFFIDAVIT OF MAILING
Document Available (#1032179871) Download document in TIFF format.TIFF Download document in PDF format.PDF
01-27-2016 CTFREE
MORRISSEY, LINDA G; ORDER AND NOTICE OF HEARING ENTERED PASSING PRETRIAL CONFERENCE SET FOR 1-29-2016 TO 3-21-2016 AT 10:30 AM IN COURT ROOM 513 TO ALLOW FOR MEDIATION TO OCCUR; COUNSEL OR PARTIES WITHOUT COUNSEL MUST ATTEND OR DISPOSITION MAY BE MADE IN THEIR ABSENCE; COPIES MAILED TO KEITH WARD, ROBERT THOMAS, KYLE WACKENHEIM, MAURICE WOODS II;
01-27-2016 AM
AMENDED ORDER AND NOTICE OF HEARING / SEE ABOVE ENTRY / AFFIDAVIT OF MAILING
Document Available (#1032173334) Download document in TIFF format.TIFF Download document in PDF format.PDF
03-17-2016 CNOTE
CLERK'S NOTE; THE PRETRIAL CONFERENCE SET FOR 3-21-2016 AT 10:30 HAS NOW BEEN RESET FOR 4-27-2016 AT 1:30 PM; NOTICE TO BE MAILED TO THE PARTIES;
03-17-2016 MO
PLAINTIFFS' MOTION TO CONTINUE PRETRIAL HEARING / A TO J / CERTIFICAET OF MAILING
Document Available (#1032744321) Download document in TIFF format.TIFF Download document in PDF format.PDF
FIRST TRINITY FINANCIAL CORPORATION
03-21-2016 CTFREE
MORRISSEY, LINDA G; ORDER ENTERED ON THE PLAINTIFF'S MOTION TO CONTINUE PRETRIAL HEARING; THE PRETRIAL CONFERENCE SET FOR 3-21-2016 AT 10:30 AM HAS NOW BEEN RESET FOR 4-27-2016 AT 1:30 PM IN COURT ROOM 513; COUNSEL OR PARTIES WITHOUT COUNSEL MUST ATTEND OR DISPOSITION MAY BE MADE IN THEIR ABSENCE; (((((ORDER PLACED IN THE JUDGE'S OUTBOX TO BE PICKED UP FOR FILING))))); NOTICE OF PRETRIAL CONFERENCE ENTERED; COPIES MAILED TO KEITH WARD, ROBERT THOMAS, KYLE WACHENHEIM, MAURICE WOODS II;
03-21-2016 NO
NOTICE OF PRETRIAL CONFERENCE / RESET FOR 4-27-16 @ 1:30 PM IN COURT ROOM 513 / AFFIDAVIT OF MAILING
Document Available (#1032815299) Download document in TIFF format.TIFF Download document in PDF format.PDF
04-05-2016 CNOTE
CLERK'S NOTE; THE ORDER ON THE PLAINTIFF'S MOTION TO CONTINUE THE PRETRIAL HEARING ENTERED ON 3-21-2016 WAS NOT PICKED UP FROM THE JUDGE'S OUTBOX; THE CLERK FILED THE ORIGINAL ORDER; NO COPIES WERE MAILED;
04-05-2016 O
ORDER/ PRETRIAL HEARING CONTINUED TO 4-27-16 1:30 PM
Document Available (#1033010026) Download document in TIFF format.TIFF Download document in PDF format.PDF
04-20-2016 CNOTE
CLERK'S NOTE; AS PER PHONE CONVERSATION/EMAIL WITH MR. WARD AND MR. MCATEE, THE PRETRIAL CONFERENCE SET FOR 4-27-2016 AT 1:30 HAS NOW BEEN RESET FOR 4-27-2016 AT 10:30;
04-21-2016 MOC
DEFENDANT'S SUPPLEMENT TO MOTION TO COMPEL / A TO J / CERTIFICATE OF SERVICE
Document Available (#1032979355) Download document in TIFF format.TIFF Download document in PDF format.PDF
PETTIGREW, WAYNE
04-21-2016 APLI
DEFEENDANT'S APPLICATION OT CONTINUE PRETRIAL CONFERENCE AND APPLICATION TO SUBTITUTE COUNSEL / A TO J / CERTIFICATE OF SERVICE
Document Available (#1032979351) Download document in TIFF format.TIFF Download document in PDF format.PDF
PETTIGREW, WAYNE
04-21-2016 RESP
PLAINTIFFS' RESPONSE AND OBJECTION TO DEFENDANTS' MOTION TO CONTINUE PRETRIAL HEARING AND TO SUBSTITUTE COUNSEL / A TO J / CERTIFICATE OF MAILING
Document Available (#1032979331) Download document in TIFF format.TIFF Download document in PDF format.PDF
FIRST TRINITY FINANCIAL CORPORATION
04-21-2016 CTFREE
MORRISSEY, LINDA G; THE DEFENDANT'S APPLICATION TO CONTINUE PRETRIAL CONFERENCE AND APPLICATION TO SUBSTITUTE COUNSEL FILED ON 4-21-2016 IS DENIED; MINUTE ORDER ENTERED; COPIES MAILED TO MAURICE G WOODS II, KEITH A WARD;
04-25-2016 O
ORDER/ SEE ABOVE ENTRY / AFFIDAVIT OF MAILING
Document Available (#1033117309) Download document in TIFF format.TIFF Download document in PDF format.PDF
04-27-2016 CTFREE
MORRISSEY, LINDA G; THE CASE COMES ON FOR PRETRIAL CONFERENCE ON 4-27-2016; KEITH WARD APPEARS FOR THE PLAINTIFF; MAURICE WOODS APPEARS FOR THE DEFENDANT; THE PARTIES ARE TO MEDIATE WITH STEVE BARTLES ON 5-10-2016; THE PARTIES ARE ORDERED TO APPEAR WITH FULL SETTLEMENT AUTHORITY; THE PRETRIAL CONFERENCE AND REMAINING DISCOVERY ISSUES ARE SET FOR 5-12-2016 AT 9:30 AM IN COURT ROOM 513; COUNSEL OR PARTIES WITHOUT COUNSEL MUST ATTEND OR DISPOSITION MAY BE MADE IN THEIR ABSENCE; MINUTE ORDER ENTERED WITH COPIES MAILED TO KEITH WARD AND MAURICE G WOODS II;
04-28-2016 O
ORDER AND NOTICE / SEE ABOVE ENTRY / AFFIDAVIT OF MAILING
Document Available (#1033111712) Download document in TIFF format.TIFF Download document in PDF format.PDF
05-05-2016 LT
LETTER/ SUBMITTED BY KEITH A WARD
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05-12-2016 CTFREE
MORRISSEY, LINDA G ; CASE COMES ON FOR PRETRIAL ; A PRETRIAL CONFERENCE ORDER WAS ENTERED ; JURY TRIAL (1ST UP, 5 DAYS) IS SET FOR 2-13-2017 AT 10:00 AM IN COURT ROOM 513 ; TRIAL STATUS CONFERENCE SET FOR 1-19-2017 AT 10:00 AM IN COURT ROOM 513 ; HEARING ON THE MOTION TO COMPEL ADDITIONAL DISCOVERY IS SET FOR 6-30-2016 AT 3:30 PM IN COURT ROOM 513; COUNSEL OR PARTIES WITHOUT COUNSEL MUST ATTEND OR DISPOSITION MAY BE MADE IN THEIR ABSENCE ; MINUTE ORDER & NOTICE ENTERED WITH COPIES MAILED TO MAURICE WOODS, KELSIE LEWIS, AND KEITH WARD ;
05-12-2016 EAA
ENTRY OF APPEARANCE / WILLIAM D PETTIGREW ENTRING AS COUNSEL / CERTIFICATE OF SERVICE
Document Available (#1033154165) Download document in TIFF format.TIFF Download document in PDF format.PDF
PETTIGREW, WAYNE
05-12-2016 EAA
ENTRY OF APPEARANCE / KELSIE J LEWIS ENTERING AS COUNSEL / CERTIFICATE OF SERVICE
Document Available (#1033154161) Download document in TIFF format.TIFF Download document in PDF format.PDF
PETTIGREW, WAYNE
05-12-2016 O
ORDER GRANTING APPLICATION TO WITHDRAW / MAURICE G WOODS II
Document Available (#1033154127) Download document in TIFF format.TIFF Download document in PDF format.PDF
05-12-2016 CTFREE
MORRISSEY, LINDA G; ORDER GRANTING APPLICATION TO WITHDRAW FOR MAURICE G WOODS II ENTERED;
05-12-2016 O
ORDER & NOTICE / MOTION TO COMPEL FOR ADDITIONAL DISCOVERY SET ON 6030-16-@3:30 PM RM 513 / AFFIDAVIT OF MAILING
Document Available (#1033351828) Download document in TIFF format.TIFF Download document in PDF format.PDF
05-16-2016 PTO
PRE-TRIAL CONFERENCE ORDER
Document Available (#1032976383) Download document in TIFF format.TIFF Download document in PDF format.PDF
05-16-2016 RJT
REQUEST FOR JURY TRIAL
$ 349.00
05-16-2016 CRF
COURT REPORTER FEE-TRIAL ON MERITS
$ 20.00
05-16-2016 ACCOUNT
RECEIPT # 2016-3334272 ON 05/16/2016.
PAYOR:KEITH A WARD TOTAL AMOUNT PAID: $369.00.
LINE ITEMS:
CJ-2013-3385: $369.00 ON AC01 CLERK FEES.
05-26-2016 TEXT
PLAINTIFFS' PROPOSED JURY INSTRUCTIONS
Document Available (#1033361333) Download document in TIFF format.TIFF Download document in PDF format.PDF
ZAHN, GREGG E
06-30-2016 CTFREE
MORRISSEY, LINDA G; CASE COMES ON FOR HEARING ON MOTION TO COMPEL ADDITIONAL DISCOVERY; KEITH WARD PRESENT FOR PLAINTIFF; WILLIAM PETTIGREW PRESENT FOR DEFENDANT; THE MOTION IS SETTLED AS PER A WRITTEN ORDER TO BE SUBMITTED TO THE COURT BY THE PARTIES WITHIN 10 DAYS;
07-07-2016 CTFREE
MORRISSEY, LINDA G; ORDER ENTERED ON THE MOTION TO COMPEL (((((ORDER PLACED IN THE JUDGE'S OUTBOX TO BE PICKED UP FOR FILING, SEE PREVIOUS MINUTE ENTRY OF 6-30-2016)))))
07-12-2016 MO
PLAINTIFFS' MOTION TO ADD EXHIBIT TO PRETRIAL ORDER / A TO J / CERTIFICATE OF MAILING
Document Available (#1033902274) Download document in TIFF format.TIFF Download document in PDF format.PDF
FIRST TRINITY FINANCIAL CORPORATION
07-12-2016 O
ORDER/ NO FEE OR COSTS FOR PROSECUTING OR DEFENDING THIS MOTION ARE AWARDED TO ANY PARTY
Document Available (#1033902270) Download document in TIFF format.TIFF Download document in PDF format.PDF
07-26-2016 CTFREE
MORRISSEY, LINDA G; THE TRIAL STATUS CONFERENCE ORIGINALLY SET FOR 1-19-2017 AT 10:00 AM HAS NOW BEEN RESET FOR 1-25-2017 AT 9:30 AM IN COURT ROOM 513; COUNSEL OR PARTIES WITHOUT COUNSEL MUST ATTEND OR DISPOSITION MAY BE MADE IN THEIR ABSENCE; AMENDED NOTICE OF TRIAL STATUS CONFERENCE ENTERED WITH COPIES MAILED TO KEITH WARD, WILLIAM PETTIGREW, KELSIE LEWIS, MAURICE G WOODS II, ROBERT THOMAS;
07-26-2016 AM
AMENDED NOTICE OF TRILA STATUS CONFERENCE / SEE ABOVE ENTRY / AFFIDAVIT OF MAILING
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08-02-2016 CTFREE
MORRISSEY, LINDA G; ORDER ENTERED ON THE MOTION OF THE PLAINTIFF'S TO ADD AN ADDITIONAL EXHIBIT TO THE PRETRIAL ORDER; PLAINTIFFS' COUNSEL IS DIRECTED TO SERVE A COPY OF THIS ORDER TO THE DEFENDANTS' COUNSEL; (((((ORDER PLACED IN THE JUDGE'S OUTBOX TO BE PICKED UP FOR FILING)))))
08-02-2016 CTFREE
MORRISSEY, LINDA G; THERE BEING NO RESPONSE FILED WITH THE COURT IN OPPOSITION TO THE PLAINTIFF'S MOTION TO ADD EXHIBIT TO PRETRIAL ORDER, THE SAME IS GRANTED; ORDER ON PLAINTIFF'S MOTION TO ADD EXHIBIT TO PRETRIAL ORDER ENTERED; COPIES MAILED TO KEITH WARD, WILLIAM PETTIGREW;
08-03-2016 O
ORDER ON PLAINTIFF'S MOTION TO ADD EXHIBIT TO PRETRIAL ORDER / PLT'S MOTION GRANTED /AFFIDAVIT OF MAILING
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08-31-2016 CNOTE
CLERK'S NOTE; ORDER ENTERED ON 8-2-2016 NOT PICKED UP FROM THE JUDGE'S OUTBOX; CLERK FILED THE ORIGINAL ORDER AND NO COPIES WERE MAILED;
08-31-2016 O
ORDER/ PLAINTIFFS' COUNSEL DIRECTED TO CERVE A COPY OF THIS ORDER ON DEFENSE COUNSEL / SEE ABOVE ENTRY /
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01-05-2017 MO
PLAINTIFFS' MOTION FOR LEAVE TO TAKE TRIAL DEPOSITION / CERTIFICATE OF MAILING
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FIRST TRINITY FINANCIAL CORPORATION
01-18-2017 CTFREE
MORRISSEY, LINDA G; BASED ON THE ABSENCE OF AN OBJECTION BY DEFENDANT, THE PLAINTIFFS' MOTION FOR LEAVE TO TAKE TRIAL DEPOSITION THAT WAS FILED ON 1-5-20174 IS HEREBY GRANTED. THE TRIAL STATUS CONFERENCE SET FOR JANUARY 25TH, 2017 WILL NOT BE PASSED, THEREFORE, THE DEPOSITION MUST BE TAKEN EXPEDITIOUSLY; ORDER ON THE PLAINTIFFS' MOTION FOR LEAVE TO TAKE TRIAL DEPOSITION ENTERED; CLERK FILED THE ORIGINAL ORDER AND MAILED/FAXED A COPY TO KEITH WARD, WILLIAM PETTIGREW, KELSIE LEWIS, MAURICE G WOODS II, AND ROBERT THOMAS;
01-18-2017 O
ORDER ON THE PLAINTIFFS' MOTION FOR LEAVE TO TAKE TRIAL DEPOSITION / SEE ABOVE ENTRY / AFFIDAVIT OF MAILING
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01-25-2017 CTFREE
MORRISSEY, LINDA G; THE CASE COMES ON FOR TRIAL STATUS CONFERENCE; BILL PETTIGREW IS PRESENT AS ATTORNEY FOR WAYNE PETTIGREW, DEFENDANT; KEITH WARD IS PRESENT AS ATTORNEY FOR THE PLAINTIFF; AGREED STATEMENT OF THE CASE IS DUE 2-6-2017; DEPOSITION DESIGNATIONS ARE DUE 2-6-2017; OBJECTIONS TO JURY INSTRUCTIONS ARE DUE 2-6-2017;
01-25-2017 MOLIM
DEFENDANTS' MOTION IN LIMINE / A TO J / CERTIFICATE OF MAILING
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PETTIGREW, WAYNE
02-02-2017 SII
SUBPOENA ISSUED / TO: C TINKER OWENS / TO APPEAR IN TULSA COUNTY COURT ON 2-14-17 @ 9 AM
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02-03-2017 SII
SUBPOENA ISSUED / TO: GARY SHERRER/ TO APPEAR IN TULSA COUNTY COURT ON 2-14-17 @ 9 AM
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02-03-2017 SII
SUBPOENA ISSUED / TO: SHANNON YOUNG / TO APPEAR IN TULSA COUNTY COURT ON 2-14-17 @ 9 AM
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02-06-2017 CTFREE
MORRISSEY, LINDA G; THE PLAINTIFF'S ORAL OBJECTION LODGED AT THE TRIAL STATUS CONFERENCE TO THE DEFENDANT'S UNTIMELY FILED MOTION IN LIMINE IS GRANTED; ORDER ON THE DEFENDANTS' MOTION IN LIMINE ENTERED; CLERK FILED THE ORIGINAL ORDER ON THE DEFENDANTS' MOTION IN LIMINE AND MAILED COPIES TO KEITH WARD AND WILLIAM PETTIGREW;
02-06-2017 O
ORDER ON THE DEFENDANTSS MOTIN IN LIMINE / PLAINTIFF'S ORAL OBJECTION LODGED ATEHET TRIAL STATUS CONFERENCE TO THE DEFENDANT'S UNTIMELY FILED MOTION IN LIMINE GRANTED / AFFIDAVIT OF MAILING
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02-06-2017 SII
SUBPOENA ISSUED / TO: SHANNON YOUNG / PER SRV / ON 2-1-17 / BY PS
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02-06-2017 DEPO
DEPOSITION DESIGNATION OF TESTIMONY OF ROBERT THOMAS / CERTIFICATE OF MAILING
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PETTIGREW, WAYNE
02-06-2017 DEPO
DEPOSITION OBJECTIONS TO THE TESTIMONY OF BRYAN CHRISMAN / CERTIFICATE OF MAILING
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PETTIGREW, WAYNE
02-06-2017 DEPO
DEPOSITION DESIGNATION OF TESTIMONY OF LYNNE EGAN / CERTIFICATE OF MAILING
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PETTIGREW, WAYNE
02-06-2017 DEPO
DEPOSITION DESIGNATION OF TESTIMONY OF BRYAN CHRISMAN / CERTIFICATE OF MAILING
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PETTIGREW, WAYNE
02-07-2017 RESP
RESPONSE TO OBJECTIONS TO THE TESTIMONY OF LYNNE EGAN / A TO J / CERTIFICATE OF MAILING
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PETTIGREW, WAYNE
02-08-2017 CTFREE
MORRISSEY, LINDA G; ORDER ON DEPOSITION OBJECTIONS TO THE TESTIMONY OF BRYAN CHRISMAN ENTERED; CLERK FILED THE ORIGINAL ORDER; COPIES WERE FAXED AND MAILED TO KEITH WARD, WILLIAM PETTIGREW, AND KELSIE LEWIS;
MORRISSEY, LINDA G; ORDER ON PLAINTIFFS' OBJECTIONS TO DEFENDANT'S TRANSCRIPT DESIGNATION OF WITNESS LYNN EAGAN ENTERED; CLERK FILED THE ORIGINAL ORDER; COPIES WERE MAILED AND FAXED TO KEITH WARD, WILLIAM PETTIGREW, AND KELSIE LEWIS;
02-08-2017 O
ORDER ON DEPOSITION OBJECTIONS TO THE TESIMONY OF BRYAN CHRISMAN / ALL OBJECTIONS IN THE DEPOSITION OF BRYAN CHRISMAN ARE DESIGNATED AS OVERRULED, SUSTAINED OR CONFESSED / AFFIDAVIT OF MAILING/FAX
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02-08-2017 O
ORDER ON PLAINTIFFS' OBJECTIONS TO DEFENDANT'S TRASCRIPT DESIGNATION OF WITNESS LYNN EAGAN / AFFIDAVIT OF MAILING/FAX
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02-13-2017 CTFREE
MORRISSEY, LINDA G; THE CASE COMES ON FOR JURY TRIAL; PLAINTIFFS, GREGG ZAHN AND FIRST TRINITY FINANCIAL PRESENT AND REPRESENTED BY KEITH WARD; DEFENDANTS, WAYNE PETTIGREW AND GROUP & PENSION PLANNERS INC PRESENT AND REPRESENTED BY BILL PETTIGREW; GARY WOODSON COURT REPORTER; A DETAILED MINUTE WILL BE ENTERED AT THE CONCLISION OF THE TRIAL;
02-17-2017 CTFREE
MORRISSEY, LINDA G; NOW ON THIS 17TH DAY OF FEBRUARY, 2017, THE DISTRICT COURT OF TULSA COUNTY, OKLAHOMA RECONVENES PURSUANT TO ADJOURNMENT. PRESENT AND PRESIDING: HON. LINDA G. MORRISSEY, DISTRICT JUDGE; GARY WOODSON, COURT REPORTER AND TAMI MORSE, COURT REPORTER; CALEB MCKEE, BAILIFF; DARCY ASBILL, MINUTE CLERK. PUBLIC PROCEEDINGS WERE HAD TO WIT:
CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF, FIRST TRINITY FINANCIAL AND GREGG ZAHN, APPEARED BY GREGG ZAHN AND REPRESENTED BY KEITH WARD. DEFENDANT, WAYNE PETTIGREW AND GROUP & PENSION PLANNERS INC., APPEARED BY WAYNE PETTIGREW AND REPRESENTED BY WILLIAM PETTIGREW.
THE JURORS ARE CALLED AND SWORN AS TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. THE JURORS ARE ACCEPTED FOR CAUSE. TWO (2) JURORS ARE EXCUSED FOR CAUSE. THREE (3) PEREMPTORY CHALLENGES ARE MADE BY THE PLAINTIFF. THREE (3) PEREMPTORY CHALLENGES ISSUED BY THE DEFENDANT. TWELVE (12) JURORS AND ONE (1) ALTERNATE ARE ACCEPTED AND SWORN TO TRY THE CAUSE.
OPENING STATEMENTS ARE MADE. EIGHTEEN (18) WITNESSES ARE SWORN. GARY WOODSON, COURT REPORTER. TAMI MORSE, COURT REPORTER. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEFENDANT PRESENTS EVIDENCE AND RESTS. BOTH SIDES REST.
THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE ALTERNATE JUROR(S) ARE EXCUSED. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 3:15 ON FEBRUARY 17TH, 2017, THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 6:30 PM ON FEBRUARY 17TH, 2017, 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, EMPANELED AND SWORN IN THE ABOVE CAUSE, DO, UPON OUR OATHS, FIND IN FAVOR OF THE PLAINTIFF, FIRST TRINITY FINANCIAL CORPORATION ON THE ISSUE OF BREACH OF FIDUCIARY DUTY AS FOLLOWS: THE DOLLAR AMOUNT OF ITS ACTUAL DAMAGES IS THE SUM OF $300,000.00. WE DO FIND BE CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT, WAYNE PETTIGREW, ACTED IN RECKLESS DISREGARD OF THE RIGHTS OF OTHERS. WE DO FIND BY CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT, WAYNE PETTIGREW, ACTED INTENTIONALLY AND WITH MALICE TOWARDS OTHERS. VERDICT FORM SIGNED BY: ONLY FOREPERSON, ROBERT FEDERLINE
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE CAUSE, DO, UPON OUR OATHS, FIND IN FAVOR OF THE PLAINTIFF, GREGG ZAHN, ON THE ISSUE OF INTENTIONAL INCLICTION OF EMOTIONAL DISTRESS AS FOLLOWS: THE DOLLAR AMOUNT OF HIS ACTUAL DAMAGES IS THE SUM OF $1 MILLION. WE DO FIND BY CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT, WAYNE PETTIGREW, ACTED IN RECKLESS DISREGARD OF THE RIGHTS OF OTHERS. WE DO FIND BY CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT, WAYNE PETTIGREW, ACTED INTENTIONALLY AND WITH MALICE TOWARDS OTHERS. VERDICT FORM SIGNED BY: FOREPERSON AND 8 OTHER JURORS.
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE CAUSE, DO, UPON OUR OATHS, FIND IN FAVOR OF THE PLAINTIFF, FIRST TRINITY FINANCIAL CORPORATION, ON THE ISSUE OF DEFAMATION AS FOLLOWS: THE DOLLAR AMOUNT OF THEIR ACTUAL DAMAGES IS THE SUM OF $500,000.00. WE DO FIND BY CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT, WAYNE PETTIGREW, ACTED IN RECKLESS DISREGARD OF THE RIGHTS OF OTHERS. WE DO FIND BY CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT, WAYNE PETTIGREW, ACTED INTENTIONALLY AND WITH MALICE TOWARDS OTHERS. VERDICT FORM SIGNED BY: FOREPERSON AND 8 OTHER JURORS.
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE CAUSE, DO, UPON OUR OATHS, FIND IN FAVOR OF THE PLAINTIFF, GREGG ZAHN, ON THE ISSUE OF DEFAMATION AS FOLLOWS: THE DOLLAR AMOUNT OF THEIR ACTUAL DAMAGES IS THE SUM OF $2.5 MILLION. WE DO FIND BY CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT, WAYNE PETTIGREW, ACTED IN RECKLESS DISREGARD OF THE RIGHTS OF OTHERS. WE DO FIND BY CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT, WAYNE PETTIGREW, ACTED INTENTIONALLY AND WITH MALICE TOWARDS OTHERS. SIGNED BY FOREPERSON AND 9 OTHER JURORS.
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE CAUSE, DO, UPON OUR OATHS, AWARD PUNITIVE DAMAGES TO THE PLAINTIFF, FIRST TRINITY FINANCIAL CORPORATION, IN THE SUM OF ZERO DOLLARS. VERDICT FORM SIGNED ONLY BY FOREPERSON.
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE CAUSE, DO, UPON OUR OATHS, AWARD PUNITIVE DAMAGES TO THE PLAINTIFF, GREGG ZAHN, AND FIX THE DOLLAR AMOUNT OF PUNITIVE DAMAGES IN THE SUM OF ZERO DOLLARS. VERDICT FORM SIGNED ONLY BE THE FOREPERSON.
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND IN FAVOR OF THE DEFENDANT, WAYNE PETTIGREW, ON THE ISSUE OF PUNITIVE DAMAGES, AND DO NOT AWARD PUNITIVE DAMAGES TO PLAINTIFF, FIRST TRINITY FINANCIAL CORPORATION. VERDICT FORM SIGNED ONLY BY THE FOREPERSON.
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND IN FAVOR OF THE DEFENDANT, WAYNE PETTIGREW, ON THE ISSUE OF PUNITIVE DAMAGES, AND DO NOT AWARD PUNITIVE DAMAGES TO PLAINTIFF, GREGG ZAHN. VERDICT FORM SIGNED ONLY BY THE FOREPERSON.
JURY DISCHARGED.
02-21-2017 STCA
STATEMENT OF THE CASE AND INSTRUCTIONS OF LAW
Document Unavailable (#1036083527)
PETTIGREW, WAYNE
See: http://www.oscn.net/dockets/GetCaseInformation.aspx?db=tulsa&number=CJ-2013-3385&cmid=2644941
First Trinity Financial Corporation and Gregg E. Zahn sued Wayne Pettigrew and Group & Pension Planners, Inc. on breach of fiduciary duty theories.
First Trinity Financial Corporation is a privately-owned holding company whose holding include two life insurance companies. It has approximately 2,000 shareholds. FTFC's President, CEO, Chariman and largest sharehold is Gregg Zahn. Mr. Zahn organized FTFC as a start-up company in 2005. Since it began marketing products in 2007, FTFC has been extremely successful and owns assests valued at more than $200,000,000.00 and has sharehold equity of over $33,000,000.00.
Mr. Pettigrew was one of FTFC's founding directors. IN 2012 and 2013 he attempted to take control of the company and was removed from the board of directors. FTFC and Zahn claimed that Pettigrew engaged in a campaign of defamation and improper interfenced with FTFC's business and relationships with FTFC government regulators.
Plaintiffs claimed that in April, 2013, without prior discussion with FTFC's board or management and without notice to the board or the company, Mr. Pettigrew sent a barrage of press releases and letters to members of the presss, to regulatory agencies and to FTFC's business contacts in which he pulished extremely derogatory, defamatory matters about Mr. Zahn and FTFC. Among other things, Plaintiffs claimed that Mr. Pettigrew's press releases and letters accused Mr. Zahn of committing criminal acts, of deceiving FTFC's board of directors, of cheating his ex-wife, of violating securities laws and of mismanaging the company. Plaintiffs further claimed that many of Pettigrew's allegations were defamatory per se and caused financial and reputational harm to them.
Defendant claimed that all of the statements by him were true.
The Petition:
The plaintiffs, First Trinity Financial Corporation ("FTFC") and Gregg Zahn ("Mr.
Zahn") (collectively, "the plaintiffs"), for their claims against the defendants, Wayne Pettigrew ("Mr. Pettigrew") and Group Pension Planners, Inc. ("GPPI'') (collectively "the defendants"), state as follows:
PARTIES
1. FTFC is an Oklahoma Corporation doing business in Oklahoma and maintains its principal place of business in Tulsa, Oklahoma.
2. Mr. Zahn is an individual and is a resident of Tulsa, Oklahoma.
3. Wayne Pettigrew is an individual and, upon information and belief, is a resident of Edmond, Oklahoma.
4. OPP! purports to be a corporation but is not domesticated in Oklahoma and is not registered with the Oklahoma Secretary of State to do business in the state of Oklahoma but does business and can be served with process at 1601 Medical Center Drive # 4, Edmond, Oklahoma.
Issues
For cases filed before 1/1/2000, ancillary issues may not appear except in the docket.
Issue # 1. Issue: BREACH OF FIDUCIARY DUTY (DUTY)
Filed By: FIRST TRINITY FINANCIAL CORPORATION
Filed Date: 07/19/2013
Party Name Disposition Information
Defendant: PETTIGREW, WAYNE
Defendant: GROUP & PENSION PLANNERS INC
Docket
Date Code Description Count Party Amount
07-19-2013 TEXT
CIVIL RELIEF MORE THAN $10,000 INITIAL FILING.
OCIS HAS AUTOMATICALLY ASSIGNED JUDGE MORRISSEY, LINDA G. TO THIS CASE.
07-19-2013 ACCOUNT
RECEIPT # 2013-2645517 ON 07/19/2013.
PAYOR:KEITH A WARD PLLC TOTAL AMOUNT PAID: $223.70.
08-12-2013 EAA
SPECIAL ENTRY OF APPEARANCE / MAURICE G WOODS II AND ROBERT NASH THOMAS ENTERING AS COUNSEL / W-CS /CERTIFICATE OF MAILING
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PETTIGREW, WAYNE
08-30-2013 A
ANSWER / TO THE PETITION OF THE PLAINTIFF / CERTIFICATE OF MAILING
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PETTIGREW, WAYNE
09-06-2013 EAA
SPECIAL ENTRY OF APPEARANCE AND MOTION TO DISMISS OR ALTERNATIVELY MOTION TO AMEND CAPTION / ROBERT NASH THOMAS AND MAURICE G WOODS II ENTERING AS COUNSEL / W-CS
Document Available (#1022830258) Download document in TIFF format.TIFF Download document in PDF format.PDF
GROUP & PENSION PLANNERS INC
09-18-2013 OBJ
PLAINTIFFS' OBJECTION AND RESPONSE TO DEFENDANT GROUP & PENSION PLANNERS INC'S MOTIN TO DISMISS OR TO AMEND CAPTION / CERTIFICATE OF MAILING
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FIRST TRINITY FINANCIAL CORPORATION
10-02-2013 APLI
DEFENDANT GROUP AND PENSION PLANNERS' APPLICATION FOR LEAVE OF COURT TO FILE A REPLY BRIEF TO PLAINTIFF'S OBJECTION AND RESPONSE TO DEFENDANT'S MOTION TO DISMISS OR ALTERNATIVELY AMDEN CAPTION / A TOJ / CERTIFICATE OF MAILING
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GROUP & PENSION PLANNERS INC
10-15-2013 CTFREE
MORRISSEY, LINDA G: DEFENDANT GROUP AND PENSION PLANNERS' APPLICATION FOR LEAVE OF COURT TO FILE A REPLY BRIEF TO PLAINTIFF'S OBJECTION AND RESPONSE TO DEFENDANT'S MOTION TO DISMISS OR ALTERNATIVELY AMEND CAPTION IS GRANTED.
COPY OF THIS MINUTE WAS MAILED TO: KEITH WARD; MAURICE WOODS, ROBERT THOMAS
10-15-2013 O
ORDER / SEE ENTRY ABOVE / AFFIDAVIT OF MAILING
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10-21-2013 R
DEFT GROUP & PENSION PLANNERS' REPLY TO PLTF'S OBJECTION & RESPONSE TO DEFT'S GROUP & PENSION PLANNERS' MOTION TO DISMISS OR ALTERNATIVELY AMEND THE CAPTION (A/J)
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GROUP & PENSION PLANNERS INC
10-24-2013 CTFREE
MORRISSEY, LINDA G: A MOTION TO DISMISS IS GENERALLY VIEWED WITH DISFAVOR. SIMONSON V. SCHAEFER, 2013 OK 25 ¶3, 301 P.3D 413. THE BURDEN TO SHOW THE LEGAL INSUFFICIENCY OF THE PETITION IS ON THE PARTY MOVING FOR DISMISSAL AND THE DEFENDANT HEREIN HAS FAILED TO SATISFY HIS BURDEN OF PROOF IN SUPPORT OF HIS MOTION TO DISMISS. TUFFY'S, INC. V. CITY OF OKLAHOMA CITY, 2009 OK 4 ¶ 6, 212 P.3D 1158, 1163. THE MOTION IS DENIED.
COPY OF THIS MINUTE MAILED TO: KEITH A. WARD; MAURICE G. WOODS, II, ROBERT NASH THOMAS
10-25-2013 O
ORDER / SEE ABOVE ENTRY / AFFIDAVIT OF MAILING
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11-14-2013 EAA
ENTRY OF APPEARANCE (MAURICE WOODS II ENTERS AS COUNSEL) / CERTIFICATE OF MAILING
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GROUP & PENSION PLANNERS INC
11-14-2013 A
ANSWER / CERTIFICATE OF MAILING
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GROUP & PENSION PLANNERS INC
12-11-2013 EAA
ENTRY OF APPEARANCE / KYLE E WACKENHEIM ENTERING AS COUNSEL / CERTIFICATE OF MAILING
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PETTIGREW, WAYNE
05-05-2014 NO
NOTICE OF DOCUMENT SUBPOENA (TO OFFICE OF COMMISSIONER OF SECURITIES & INSURANCE, MONTANA STATE AUDITOR'S OFFICE)
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PETTIGREW, WAYNE
05-05-2014 NO
NOTICE OF DOCUMENT SUBOENA (TO: SCHNAKE TURNBO FRANK
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PETTIGREW, WAYNE
05-05-2014 AM
AMENDED NOTICE OF VIDEO DEPOSITON (OF LYNNE EGAN)
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PETTIGREW, WAYNE
06-27-2014 CTFREE
MORRISSEY, LINDA G: CASE IS SET FOR SCHEDULING CONFERENCE ON 7/24/14 AT 1:30 PM, ROOM 601. COUNSEL OR PARTIES WITHOUT COUNSEL SHOULD APPEAR OR DISPOSITION MAY BE MADE IN THEIR ABSENCE.
NOTICE MAILED TO: KEITH WARD; MAURICE WOODS, ROBERT THOMAS; KYLE WACKENHEIM
06-27-2014 NO
NOTICE / SEE MINUTE ENTRY / CERTIFICATE OF MAILING / TO: ROBERT NASH THOMAS
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06-27-2014 NO
NOTICE / SEE MINUTE ENTRY / CERTIFICATE OF MAILING / TO: MAURICE G WOODS II
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06-27-2014 NO
NOTICE / SEE MINUTE ENTRY / CERTIFICATE OF MAILING / TO: KYLE WACKENHEIM
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06-27-2014 NO
NOTICE / SEE MINUTE ENTRY / CERTIFICATE OF MAILING / TO: KEITH A WARD
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07-10-2014 CNOTE
CLERK'S NOTE: SCHEDULING CONFERENCE SET 7/24/14 IS STRICKEN; AGREED SCHEDULING ORDER SUBMITTED
07-10-2014 CTFREE
MORRISSEY, LINDA G: AGREED SCHEDULING ORDER ENTERED; PRETRIAL CONFERENCE SET 4/27/15 AT 10:00 AM
07-17-2014 SCHO
AGREED SCHEDULING ORDER
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12-15-2014 CTFREE
MORRISSEY, LINDA G: PLAINTIFFS' APPLICATION FOR CONTEMPT CITATION IS SET FOR HEARING ON 1/6/15 AT 10:30 AM, ROOM 601
12-15-2014 APLI
VERIFIED APPLICATION FOR CONTEMPT CITATION ( BY PLANINTIFF)
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12-19-2014 TEXT
CONTEMPT CITATION (SEE MINUTE ABOVE)
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01-05-2015 CNOTE
CLERK'S NOTE: PER PHONE CALL FROM KEITH WARD, HEARING SET 1/6/15 IS STRICKEN AND RESET TO 3/26/15 AT 11:30 AM; MR WARD TO NOTIFY OPPOSING COUNSEL OF NEW HEARING DATE
01-22-2015 MO
JOINT MOTION TO EXTEND SCHEDULING ORDER DEADLINES / A TO J /
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FIRST TRINITY FINANCIAL CORPORATION
01-26-2015 CTFREE
MORRISSEY, LINDA G: JOINT MOTION TO EXTEND SCHEDULING ORDER DEADLINES GRANTED; AGREED SCHEDULING ORDER ENTERED; PRETRIAL CONFERENCE SET 7/16/15 AT 10:00 AM
02-12-2015 O
AGREED SCHEDULING ORDER / 1-26-15
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03-19-2015 MO
JOINT MOTION TO EXTEND SCHEDULING ORDER DEADLINES / A TO J
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03-23-2015 CTFREE
MORRISSEY, LINDA G: JOINT MOTION TO EXTEND SCHEDULING ORDER DEADLINES GRANTED; AGREED AMENDED SCHEDULING ORDER ENTERED; PRETRIAL CONFERENCE SET 7/16/15 AT 10:00 AM
03-23-2015 AM
AGREED AMENDED SCHEDULING ORDER / 3-23-15
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03-26-2015 CNOTE
CLERK'S NOTE: PER PHONE CALL FROM KEITH WARD, HEARING ON PLAINTIFF'S APPLICATION FOR CONTEMPT CITATION SET 3/26/15 IS STRICKEN AS RESOLVED
07-14-2015 CTFREE
MORRISSEY, LINDA G: AGREED SECOND AMENDED SCHEDULING ORDER ENTERED; PRETRIAL CONFERENCE SET 12-9-15 AT 11:00 AM, ROOM 513; PARTIES AGREE TO ATTEND PRIVATE MEDIATION PRIOR TO PRETRIAL
NO FURTHER CONTINUANCES/EXTENSIONS WILL BE GRANTED
07-20-2015 AM
AGREED SECOND AMENDED SCHEDULING ORDER / 7-14-15
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07-29-2015 MO
MOTION TO COMPEL RESPONSES TO DEFENDANT'S REQUESTS FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF FIRST TRINITY CORPORATION
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PETTIGREW, WAYNE
09-02-2015 CTFREE
MORRISSEY, LINDA G: THERE BEING NO RESPONSE, THE MOTION TO COMPEL RESPONSES TO DEFENDANT'S REQUESTS FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF FIRST TRINITY CORPORATION IS GRANTED.
COPY OF THE MINUTE MAILED TO: KEITH WARD; MAURICE WOODS, II
09-03-2015 O
ORDER/ SEE ENTRY ABOVE / AFFIDAVIT OF MAILING
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09-23-2015 MOQ
PLAINTIFFS' MOTION TO QUASH SUBPOENAS SEVED ON ITS LEGAL COUNSEL / A TO J / CERTIFICATE OF MAILING
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FIRST TRINITY FINANCIAL CORPORATION
09-28-2015 MO
PLAINTIFFS' MOTION TO VACATE OR RECONSIDER ORDER COMPELLING DISCOVERY / A TO J / NO FEE / CERTIFICATE OF SERVICE
Document Available (#1030900329) Download document in TIFF format.TIFF Download document in PDF format.PDF
FIRST TRINITY FINANCIAL CORPORATION
10-16-2015 APLI
DEFENDANT'S APPLICATION FOR ENLARGEMENT OF TIME AND QUALIFIED RESPONSE TO PLAINTIFF'S MOTION TO VACATE ORDER COMPELLING DISCOVERY
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GROUP & PENSION PLANNERS INC
10-23-2015 CTFREE
MORRISSEY, LINDA G: THERE BEING NO RESPONSE OBJECTING TO PLAINTIFFS' MOTION TO QUASH SUBPOENAS, THE SAME IS GRANTED.
COPY OF THE MINUTE MAILED TO: KEITH WARD; MAURICE WOOD
10-26-2015 O
ORDER/ SEE ABOVE ENTRY / AFFIDAVIT OF MAILING
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10-30-2015 B
DEFENDANT'S SUPPLEMENTAL BRIEF REGARDING MOTIONS TO COMPEL DISCOVERY, QUASH SUBPOENAS AND REQUEST FOR HEARING REGARDING SAME / A TO J / CERTIFICATE OF MAILING
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PETTIGREW, WAYNE
10-30-2015 CTFREE
MORRISSEY, LINDA G: ORDER ENTERED SETTING DEFENDANT'S APPLICATION FOR ENLARGEMENT OF TIME AND QUALIFIED REPSONSE TO PLAINTIFF'S MOTION TO VACATE ORDER COMPELLING DISCOVERY FOR HEARING ON 12-7-15 AT 10:00 AM, ROOM 513
11-05-2015 RESP
PLAINTIFFS' RESPONSE AND OBJECTION TO DEFENDANT'S SUPPLEMENTAL BRIEF REGARDING MOTIONS TO COMPEL DISCOVERY, QUASH SUBPOENAS AND REQUEST FOR HEARING / A TO J / CERTIFICATE OF MAILING
Document Available (#1031527032) Download document in TIFF format.TIFF Download document in PDF format.PDF
ZAHN, GREGG E
11-16-2015 OH
ORDER FOR HEARING/ PLAINIFF'S MOTION TO VACATE ORDER COMPELLING DISCVOERY SET FOR HEARING ON 12-7-15 / @ 10 AM
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11-18-2015 CTFREE
MORRISSEY, LINDA G; CASE SET FOR HEARING ON PLAINTIFFS' MOTION TO VACATE OR RECONSIDER ORDER COMPELLING DISCOVERY ON 1-5-2016 AT 2:00 PM ROOM 513; COPY OF NOTICE OF HEARING MAILED TO ROBERT NASH THOMAS, KYLE WACKENHEIM, KEITH A WARD, MAURICE G WOODS II;
11-19-2015 NOH
NOTICE OF HEARING / AFD OF MAILING
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12-01-2015 R
DEFENDANT'S REPLY TO PLAINTIFFS' RESPONSE AND OBJECTION REGARDING MOTIONS TO COMPEL DISCOVERY AND QUASH SUBPOENAS / CERTIFICATE OF MAILING
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PETTIGREW, WAYNE
12-02-2015 CNOTE
CLERK'S NOTE; HEARING SET FOR 12-7-2015 RESET FOR 1-5-2016 AT 2:00 PM ROOM 513; MAURICE WOODS AND KEITH WARD INFORMED OF NEW HEARING DATE;
12-09-2015 CTFREE
MORRISSEY, LINDA G; CASE COMES ON FOR PRETRIAL CONFERENCE, PASSED TO 1-29-2016 AT 2:00 PM ROOM 513; PARTIES TO NOTIFY COURT BY 12-17-2015 AS TO APPOINTMENT OF DISCOVERY MASTER;
12-17-2015 CTFREE
MORRISSEY, LINDA G; PER KEITH WARD, DISCOVERY ISSUES HAVE BEEN RESOLVED. PARTIES WON'T NEED A DISCOVERY MASTER APPOINTED;
01-25-2016 CTFREE
MORRISSEY, LINDA G; ORDER AND NOTICE OF HEARING ENTERED PASSING PRETRIAL CONFERENCE SET FOR 1-29-2016 TO 3-14-2016 AT 10:00 AM IN COURT ROOM 513; COUNSEL OR PARTIES WITHOUT COUNSEL MUST ATTEND OR DISPOSITION MAY BE MADE IN THEIR ABSENCE; COPIES MAILED TO KEITH WARD, ROBERT THOMAS, KYLE WACKENHEIM, AND MAURICE WOODS II;
01-25-2016 O
ORDER AND NOTICE OF HEARING / SEE ABOVE ENTRY / AFFIDAVIT OF MAILING
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01-27-2016 CTFREE
MORRISSEY, LINDA G; ORDER AND NOTICE OF HEARING ENTERED PASSING PRETRIAL CONFERENCE SET FOR 1-29-2016 TO 3-21-2016 AT 10:30 AM IN COURT ROOM 513 TO ALLOW FOR MEDIATION TO OCCUR; COUNSEL OR PARTIES WITHOUT COUNSEL MUST ATTEND OR DISPOSITION MAY BE MADE IN THEIR ABSENCE; COPIES MAILED TO KEITH WARD, ROBERT THOMAS, KYLE WACKENHEIM, MAURICE WOODS II;
01-27-2016 AM
AMENDED ORDER AND NOTICE OF HEARING / SEE ABOVE ENTRY / AFFIDAVIT OF MAILING
Document Available (#1032173334) Download document in TIFF format.TIFF Download document in PDF format.PDF
03-17-2016 CNOTE
CLERK'S NOTE; THE PRETRIAL CONFERENCE SET FOR 3-21-2016 AT 10:30 HAS NOW BEEN RESET FOR 4-27-2016 AT 1:30 PM; NOTICE TO BE MAILED TO THE PARTIES;
03-17-2016 MO
PLAINTIFFS' MOTION TO CONTINUE PRETRIAL HEARING / A TO J / CERTIFICAET OF MAILING
Document Available (#1032744321) Download document in TIFF format.TIFF Download document in PDF format.PDF
FIRST TRINITY FINANCIAL CORPORATION
03-21-2016 CTFREE
MORRISSEY, LINDA G; ORDER ENTERED ON THE PLAINTIFF'S MOTION TO CONTINUE PRETRIAL HEARING; THE PRETRIAL CONFERENCE SET FOR 3-21-2016 AT 10:30 AM HAS NOW BEEN RESET FOR 4-27-2016 AT 1:30 PM IN COURT ROOM 513; COUNSEL OR PARTIES WITHOUT COUNSEL MUST ATTEND OR DISPOSITION MAY BE MADE IN THEIR ABSENCE; (((((ORDER PLACED IN THE JUDGE'S OUTBOX TO BE PICKED UP FOR FILING))))); NOTICE OF PRETRIAL CONFERENCE ENTERED; COPIES MAILED TO KEITH WARD, ROBERT THOMAS, KYLE WACHENHEIM, MAURICE WOODS II;
03-21-2016 NO
NOTICE OF PRETRIAL CONFERENCE / RESET FOR 4-27-16 @ 1:30 PM IN COURT ROOM 513 / AFFIDAVIT OF MAILING
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04-05-2016 CNOTE
CLERK'S NOTE; THE ORDER ON THE PLAINTIFF'S MOTION TO CONTINUE THE PRETRIAL HEARING ENTERED ON 3-21-2016 WAS NOT PICKED UP FROM THE JUDGE'S OUTBOX; THE CLERK FILED THE ORIGINAL ORDER; NO COPIES WERE MAILED;
04-05-2016 O
ORDER/ PRETRIAL HEARING CONTINUED TO 4-27-16 1:30 PM
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04-20-2016 CNOTE
CLERK'S NOTE; AS PER PHONE CONVERSATION/EMAIL WITH MR. WARD AND MR. MCATEE, THE PRETRIAL CONFERENCE SET FOR 4-27-2016 AT 1:30 HAS NOW BEEN RESET FOR 4-27-2016 AT 10:30;
04-21-2016 MOC
DEFENDANT'S SUPPLEMENT TO MOTION TO COMPEL / A TO J / CERTIFICATE OF SERVICE
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PETTIGREW, WAYNE
04-21-2016 APLI
DEFEENDANT'S APPLICATION OT CONTINUE PRETRIAL CONFERENCE AND APPLICATION TO SUBTITUTE COUNSEL / A TO J / CERTIFICATE OF SERVICE
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PETTIGREW, WAYNE
04-21-2016 RESP
PLAINTIFFS' RESPONSE AND OBJECTION TO DEFENDANTS' MOTION TO CONTINUE PRETRIAL HEARING AND TO SUBSTITUTE COUNSEL / A TO J / CERTIFICATE OF MAILING
Document Available (#1032979331) Download document in TIFF format.TIFF Download document in PDF format.PDF
FIRST TRINITY FINANCIAL CORPORATION
04-21-2016 CTFREE
MORRISSEY, LINDA G; THE DEFENDANT'S APPLICATION TO CONTINUE PRETRIAL CONFERENCE AND APPLICATION TO SUBSTITUTE COUNSEL FILED ON 4-21-2016 IS DENIED; MINUTE ORDER ENTERED; COPIES MAILED TO MAURICE G WOODS II, KEITH A WARD;
04-25-2016 O
ORDER/ SEE ABOVE ENTRY / AFFIDAVIT OF MAILING
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04-27-2016 CTFREE
MORRISSEY, LINDA G; THE CASE COMES ON FOR PRETRIAL CONFERENCE ON 4-27-2016; KEITH WARD APPEARS FOR THE PLAINTIFF; MAURICE WOODS APPEARS FOR THE DEFENDANT; THE PARTIES ARE TO MEDIATE WITH STEVE BARTLES ON 5-10-2016; THE PARTIES ARE ORDERED TO APPEAR WITH FULL SETTLEMENT AUTHORITY; THE PRETRIAL CONFERENCE AND REMAINING DISCOVERY ISSUES ARE SET FOR 5-12-2016 AT 9:30 AM IN COURT ROOM 513; COUNSEL OR PARTIES WITHOUT COUNSEL MUST ATTEND OR DISPOSITION MAY BE MADE IN THEIR ABSENCE; MINUTE ORDER ENTERED WITH COPIES MAILED TO KEITH WARD AND MAURICE G WOODS II;
04-28-2016 O
ORDER AND NOTICE / SEE ABOVE ENTRY / AFFIDAVIT OF MAILING
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05-05-2016 LT
LETTER/ SUBMITTED BY KEITH A WARD
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05-12-2016 CTFREE
MORRISSEY, LINDA G ; CASE COMES ON FOR PRETRIAL ; A PRETRIAL CONFERENCE ORDER WAS ENTERED ; JURY TRIAL (1ST UP, 5 DAYS) IS SET FOR 2-13-2017 AT 10:00 AM IN COURT ROOM 513 ; TRIAL STATUS CONFERENCE SET FOR 1-19-2017 AT 10:00 AM IN COURT ROOM 513 ; HEARING ON THE MOTION TO COMPEL ADDITIONAL DISCOVERY IS SET FOR 6-30-2016 AT 3:30 PM IN COURT ROOM 513; COUNSEL OR PARTIES WITHOUT COUNSEL MUST ATTEND OR DISPOSITION MAY BE MADE IN THEIR ABSENCE ; MINUTE ORDER & NOTICE ENTERED WITH COPIES MAILED TO MAURICE WOODS, KELSIE LEWIS, AND KEITH WARD ;
05-12-2016 EAA
ENTRY OF APPEARANCE / WILLIAM D PETTIGREW ENTRING AS COUNSEL / CERTIFICATE OF SERVICE
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PETTIGREW, WAYNE
05-12-2016 EAA
ENTRY OF APPEARANCE / KELSIE J LEWIS ENTERING AS COUNSEL / CERTIFICATE OF SERVICE
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PETTIGREW, WAYNE
05-12-2016 O
ORDER GRANTING APPLICATION TO WITHDRAW / MAURICE G WOODS II
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05-12-2016 CTFREE
MORRISSEY, LINDA G; ORDER GRANTING APPLICATION TO WITHDRAW FOR MAURICE G WOODS II ENTERED;
05-12-2016 O
ORDER & NOTICE / MOTION TO COMPEL FOR ADDITIONAL DISCOVERY SET ON 6030-16-@3:30 PM RM 513 / AFFIDAVIT OF MAILING
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05-16-2016 PTO
PRE-TRIAL CONFERENCE ORDER
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05-16-2016 RJT
REQUEST FOR JURY TRIAL
$ 349.00
05-16-2016 CRF
COURT REPORTER FEE-TRIAL ON MERITS
$ 20.00
05-16-2016 ACCOUNT
RECEIPT # 2016-3334272 ON 05/16/2016.
PAYOR:KEITH A WARD TOTAL AMOUNT PAID: $369.00.
LINE ITEMS:
CJ-2013-3385: $369.00 ON AC01 CLERK FEES.
05-26-2016 TEXT
PLAINTIFFS' PROPOSED JURY INSTRUCTIONS
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ZAHN, GREGG E
06-30-2016 CTFREE
MORRISSEY, LINDA G; CASE COMES ON FOR HEARING ON MOTION TO COMPEL ADDITIONAL DISCOVERY; KEITH WARD PRESENT FOR PLAINTIFF; WILLIAM PETTIGREW PRESENT FOR DEFENDANT; THE MOTION IS SETTLED AS PER A WRITTEN ORDER TO BE SUBMITTED TO THE COURT BY THE PARTIES WITHIN 10 DAYS;
07-07-2016 CTFREE
MORRISSEY, LINDA G; ORDER ENTERED ON THE MOTION TO COMPEL (((((ORDER PLACED IN THE JUDGE'S OUTBOX TO BE PICKED UP FOR FILING, SEE PREVIOUS MINUTE ENTRY OF 6-30-2016)))))
07-12-2016 MO
PLAINTIFFS' MOTION TO ADD EXHIBIT TO PRETRIAL ORDER / A TO J / CERTIFICATE OF MAILING
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FIRST TRINITY FINANCIAL CORPORATION
07-12-2016 O
ORDER/ NO FEE OR COSTS FOR PROSECUTING OR DEFENDING THIS MOTION ARE AWARDED TO ANY PARTY
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07-26-2016 CTFREE
MORRISSEY, LINDA G; THE TRIAL STATUS CONFERENCE ORIGINALLY SET FOR 1-19-2017 AT 10:00 AM HAS NOW BEEN RESET FOR 1-25-2017 AT 9:30 AM IN COURT ROOM 513; COUNSEL OR PARTIES WITHOUT COUNSEL MUST ATTEND OR DISPOSITION MAY BE MADE IN THEIR ABSENCE; AMENDED NOTICE OF TRIAL STATUS CONFERENCE ENTERED WITH COPIES MAILED TO KEITH WARD, WILLIAM PETTIGREW, KELSIE LEWIS, MAURICE G WOODS II, ROBERT THOMAS;
07-26-2016 AM
AMENDED NOTICE OF TRILA STATUS CONFERENCE / SEE ABOVE ENTRY / AFFIDAVIT OF MAILING
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08-02-2016 CTFREE
MORRISSEY, LINDA G; ORDER ENTERED ON THE MOTION OF THE PLAINTIFF'S TO ADD AN ADDITIONAL EXHIBIT TO THE PRETRIAL ORDER; PLAINTIFFS' COUNSEL IS DIRECTED TO SERVE A COPY OF THIS ORDER TO THE DEFENDANTS' COUNSEL; (((((ORDER PLACED IN THE JUDGE'S OUTBOX TO BE PICKED UP FOR FILING)))))
08-02-2016 CTFREE
MORRISSEY, LINDA G; THERE BEING NO RESPONSE FILED WITH THE COURT IN OPPOSITION TO THE PLAINTIFF'S MOTION TO ADD EXHIBIT TO PRETRIAL ORDER, THE SAME IS GRANTED; ORDER ON PLAINTIFF'S MOTION TO ADD EXHIBIT TO PRETRIAL ORDER ENTERED; COPIES MAILED TO KEITH WARD, WILLIAM PETTIGREW;
08-03-2016 O
ORDER ON PLAINTIFF'S MOTION TO ADD EXHIBIT TO PRETRIAL ORDER / PLT'S MOTION GRANTED /AFFIDAVIT OF MAILING
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08-31-2016 CNOTE
CLERK'S NOTE; ORDER ENTERED ON 8-2-2016 NOT PICKED UP FROM THE JUDGE'S OUTBOX; CLERK FILED THE ORIGINAL ORDER AND NO COPIES WERE MAILED;
08-31-2016 O
ORDER/ PLAINTIFFS' COUNSEL DIRECTED TO CERVE A COPY OF THIS ORDER ON DEFENSE COUNSEL / SEE ABOVE ENTRY /
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01-05-2017 MO
PLAINTIFFS' MOTION FOR LEAVE TO TAKE TRIAL DEPOSITION / CERTIFICATE OF MAILING
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FIRST TRINITY FINANCIAL CORPORATION
01-18-2017 CTFREE
MORRISSEY, LINDA G; BASED ON THE ABSENCE OF AN OBJECTION BY DEFENDANT, THE PLAINTIFFS' MOTION FOR LEAVE TO TAKE TRIAL DEPOSITION THAT WAS FILED ON 1-5-20174 IS HEREBY GRANTED. THE TRIAL STATUS CONFERENCE SET FOR JANUARY 25TH, 2017 WILL NOT BE PASSED, THEREFORE, THE DEPOSITION MUST BE TAKEN EXPEDITIOUSLY; ORDER ON THE PLAINTIFFS' MOTION FOR LEAVE TO TAKE TRIAL DEPOSITION ENTERED; CLERK FILED THE ORIGINAL ORDER AND MAILED/FAXED A COPY TO KEITH WARD, WILLIAM PETTIGREW, KELSIE LEWIS, MAURICE G WOODS II, AND ROBERT THOMAS;
01-18-2017 O
ORDER ON THE PLAINTIFFS' MOTION FOR LEAVE TO TAKE TRIAL DEPOSITION / SEE ABOVE ENTRY / AFFIDAVIT OF MAILING
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01-25-2017 CTFREE
MORRISSEY, LINDA G; THE CASE COMES ON FOR TRIAL STATUS CONFERENCE; BILL PETTIGREW IS PRESENT AS ATTORNEY FOR WAYNE PETTIGREW, DEFENDANT; KEITH WARD IS PRESENT AS ATTORNEY FOR THE PLAINTIFF; AGREED STATEMENT OF THE CASE IS DUE 2-6-2017; DEPOSITION DESIGNATIONS ARE DUE 2-6-2017; OBJECTIONS TO JURY INSTRUCTIONS ARE DUE 2-6-2017;
01-25-2017 MOLIM
DEFENDANTS' MOTION IN LIMINE / A TO J / CERTIFICATE OF MAILING
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PETTIGREW, WAYNE
02-02-2017 SII
SUBPOENA ISSUED / TO: C TINKER OWENS / TO APPEAR IN TULSA COUNTY COURT ON 2-14-17 @ 9 AM
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02-03-2017 SII
SUBPOENA ISSUED / TO: GARY SHERRER/ TO APPEAR IN TULSA COUNTY COURT ON 2-14-17 @ 9 AM
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02-03-2017 SII
SUBPOENA ISSUED / TO: SHANNON YOUNG / TO APPEAR IN TULSA COUNTY COURT ON 2-14-17 @ 9 AM
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02-06-2017 CTFREE
MORRISSEY, LINDA G; THE PLAINTIFF'S ORAL OBJECTION LODGED AT THE TRIAL STATUS CONFERENCE TO THE DEFENDANT'S UNTIMELY FILED MOTION IN LIMINE IS GRANTED; ORDER ON THE DEFENDANTS' MOTION IN LIMINE ENTERED; CLERK FILED THE ORIGINAL ORDER ON THE DEFENDANTS' MOTION IN LIMINE AND MAILED COPIES TO KEITH WARD AND WILLIAM PETTIGREW;
02-06-2017 O
ORDER ON THE DEFENDANTSS MOTIN IN LIMINE / PLAINTIFF'S ORAL OBJECTION LODGED ATEHET TRIAL STATUS CONFERENCE TO THE DEFENDANT'S UNTIMELY FILED MOTION IN LIMINE GRANTED / AFFIDAVIT OF MAILING
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02-06-2017 SII
SUBPOENA ISSUED / TO: SHANNON YOUNG / PER SRV / ON 2-1-17 / BY PS
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02-06-2017 DEPO
DEPOSITION DESIGNATION OF TESTIMONY OF ROBERT THOMAS / CERTIFICATE OF MAILING
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PETTIGREW, WAYNE
02-06-2017 DEPO
DEPOSITION OBJECTIONS TO THE TESTIMONY OF BRYAN CHRISMAN / CERTIFICATE OF MAILING
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PETTIGREW, WAYNE
02-06-2017 DEPO
DEPOSITION DESIGNATION OF TESTIMONY OF LYNNE EGAN / CERTIFICATE OF MAILING
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PETTIGREW, WAYNE
02-06-2017 DEPO
DEPOSITION DESIGNATION OF TESTIMONY OF BRYAN CHRISMAN / CERTIFICATE OF MAILING
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PETTIGREW, WAYNE
02-07-2017 RESP
RESPONSE TO OBJECTIONS TO THE TESTIMONY OF LYNNE EGAN / A TO J / CERTIFICATE OF MAILING
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PETTIGREW, WAYNE
02-08-2017 CTFREE
MORRISSEY, LINDA G; ORDER ON DEPOSITION OBJECTIONS TO THE TESTIMONY OF BRYAN CHRISMAN ENTERED; CLERK FILED THE ORIGINAL ORDER; COPIES WERE FAXED AND MAILED TO KEITH WARD, WILLIAM PETTIGREW, AND KELSIE LEWIS;
MORRISSEY, LINDA G; ORDER ON PLAINTIFFS' OBJECTIONS TO DEFENDANT'S TRANSCRIPT DESIGNATION OF WITNESS LYNN EAGAN ENTERED; CLERK FILED THE ORIGINAL ORDER; COPIES WERE MAILED AND FAXED TO KEITH WARD, WILLIAM PETTIGREW, AND KELSIE LEWIS;
02-08-2017 O
ORDER ON DEPOSITION OBJECTIONS TO THE TESIMONY OF BRYAN CHRISMAN / ALL OBJECTIONS IN THE DEPOSITION OF BRYAN CHRISMAN ARE DESIGNATED AS OVERRULED, SUSTAINED OR CONFESSED / AFFIDAVIT OF MAILING/FAX
Document Available (#1036082833) Download document in TIFF format.TIFF Download document in PDF format.PDF
02-08-2017 O
ORDER ON PLAINTIFFS' OBJECTIONS TO DEFENDANT'S TRASCRIPT DESIGNATION OF WITNESS LYNN EAGAN / AFFIDAVIT OF MAILING/FAX
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02-13-2017 CTFREE
MORRISSEY, LINDA G; THE CASE COMES ON FOR JURY TRIAL; PLAINTIFFS, GREGG ZAHN AND FIRST TRINITY FINANCIAL PRESENT AND REPRESENTED BY KEITH WARD; DEFENDANTS, WAYNE PETTIGREW AND GROUP & PENSION PLANNERS INC PRESENT AND REPRESENTED BY BILL PETTIGREW; GARY WOODSON COURT REPORTER; A DETAILED MINUTE WILL BE ENTERED AT THE CONCLISION OF THE TRIAL;
02-17-2017 CTFREE
MORRISSEY, LINDA G; NOW ON THIS 17TH DAY OF FEBRUARY, 2017, THE DISTRICT COURT OF TULSA COUNTY, OKLAHOMA RECONVENES PURSUANT TO ADJOURNMENT. PRESENT AND PRESIDING: HON. LINDA G. MORRISSEY, DISTRICT JUDGE; GARY WOODSON, COURT REPORTER AND TAMI MORSE, COURT REPORTER; CALEB MCKEE, BAILIFF; DARCY ASBILL, MINUTE CLERK. PUBLIC PROCEEDINGS WERE HAD TO WIT:
CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF, FIRST TRINITY FINANCIAL AND GREGG ZAHN, APPEARED BY GREGG ZAHN AND REPRESENTED BY KEITH WARD. DEFENDANT, WAYNE PETTIGREW AND GROUP & PENSION PLANNERS INC., APPEARED BY WAYNE PETTIGREW AND REPRESENTED BY WILLIAM PETTIGREW.
THE JURORS ARE CALLED AND SWORN AS TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. THE JURORS ARE ACCEPTED FOR CAUSE. TWO (2) JURORS ARE EXCUSED FOR CAUSE. THREE (3) PEREMPTORY CHALLENGES ARE MADE BY THE PLAINTIFF. THREE (3) PEREMPTORY CHALLENGES ISSUED BY THE DEFENDANT. TWELVE (12) JURORS AND ONE (1) ALTERNATE ARE ACCEPTED AND SWORN TO TRY THE CAUSE.
OPENING STATEMENTS ARE MADE. EIGHTEEN (18) WITNESSES ARE SWORN. GARY WOODSON, COURT REPORTER. TAMI MORSE, COURT REPORTER. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEFENDANT PRESENTS EVIDENCE AND RESTS. BOTH SIDES REST.
THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE ALTERNATE JUROR(S) ARE EXCUSED. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 3:15 ON FEBRUARY 17TH, 2017, THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 6:30 PM ON FEBRUARY 17TH, 2017, 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, EMPANELED AND SWORN IN THE ABOVE CAUSE, DO, UPON OUR OATHS, FIND IN FAVOR OF THE PLAINTIFF, FIRST TRINITY FINANCIAL CORPORATION ON THE ISSUE OF BREACH OF FIDUCIARY DUTY AS FOLLOWS: THE DOLLAR AMOUNT OF ITS ACTUAL DAMAGES IS THE SUM OF $300,000.00. WE DO FIND BE CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT, WAYNE PETTIGREW, ACTED IN RECKLESS DISREGARD OF THE RIGHTS OF OTHERS. WE DO FIND BY CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT, WAYNE PETTIGREW, ACTED INTENTIONALLY AND WITH MALICE TOWARDS OTHERS. VERDICT FORM SIGNED BY: ONLY FOREPERSON, ROBERT FEDERLINE
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE CAUSE, DO, UPON OUR OATHS, FIND IN FAVOR OF THE PLAINTIFF, GREGG ZAHN, ON THE ISSUE OF INTENTIONAL INCLICTION OF EMOTIONAL DISTRESS AS FOLLOWS: THE DOLLAR AMOUNT OF HIS ACTUAL DAMAGES IS THE SUM OF $1 MILLION. WE DO FIND BY CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT, WAYNE PETTIGREW, ACTED IN RECKLESS DISREGARD OF THE RIGHTS OF OTHERS. WE DO FIND BY CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT, WAYNE PETTIGREW, ACTED INTENTIONALLY AND WITH MALICE TOWARDS OTHERS. VERDICT FORM SIGNED BY: FOREPERSON AND 8 OTHER JURORS.
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE CAUSE, DO, UPON OUR OATHS, FIND IN FAVOR OF THE PLAINTIFF, FIRST TRINITY FINANCIAL CORPORATION, ON THE ISSUE OF DEFAMATION AS FOLLOWS: THE DOLLAR AMOUNT OF THEIR ACTUAL DAMAGES IS THE SUM OF $500,000.00. WE DO FIND BY CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT, WAYNE PETTIGREW, ACTED IN RECKLESS DISREGARD OF THE RIGHTS OF OTHERS. WE DO FIND BY CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT, WAYNE PETTIGREW, ACTED INTENTIONALLY AND WITH MALICE TOWARDS OTHERS. VERDICT FORM SIGNED BY: FOREPERSON AND 8 OTHER JURORS.
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE CAUSE, DO, UPON OUR OATHS, FIND IN FAVOR OF THE PLAINTIFF, GREGG ZAHN, ON THE ISSUE OF DEFAMATION AS FOLLOWS: THE DOLLAR AMOUNT OF THEIR ACTUAL DAMAGES IS THE SUM OF $2.5 MILLION. WE DO FIND BY CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT, WAYNE PETTIGREW, ACTED IN RECKLESS DISREGARD OF THE RIGHTS OF OTHERS. WE DO FIND BY CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT, WAYNE PETTIGREW, ACTED INTENTIONALLY AND WITH MALICE TOWARDS OTHERS. SIGNED BY FOREPERSON AND 9 OTHER JURORS.
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE CAUSE, DO, UPON OUR OATHS, AWARD PUNITIVE DAMAGES TO THE PLAINTIFF, FIRST TRINITY FINANCIAL CORPORATION, IN THE SUM OF ZERO DOLLARS. VERDICT FORM SIGNED ONLY BY FOREPERSON.
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE CAUSE, DO, UPON OUR OATHS, AWARD PUNITIVE DAMAGES TO THE PLAINTIFF, GREGG ZAHN, AND FIX THE DOLLAR AMOUNT OF PUNITIVE DAMAGES IN THE SUM OF ZERO DOLLARS. VERDICT FORM SIGNED ONLY BE THE FOREPERSON.
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND IN FAVOR OF THE DEFENDANT, WAYNE PETTIGREW, ON THE ISSUE OF PUNITIVE DAMAGES, AND DO NOT AWARD PUNITIVE DAMAGES TO PLAINTIFF, FIRST TRINITY FINANCIAL CORPORATION. VERDICT FORM SIGNED ONLY BY THE FOREPERSON.
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND IN FAVOR OF THE DEFENDANT, WAYNE PETTIGREW, ON THE ISSUE OF PUNITIVE DAMAGES, AND DO NOT AWARD PUNITIVE DAMAGES TO PLAINTIFF, GREGG ZAHN. VERDICT FORM SIGNED ONLY BY THE FOREPERSON.
JURY DISCHARGED.
02-21-2017 STCA
STATEMENT OF THE CASE AND INSTRUCTIONS OF LAW
Document Unavailable (#1036083527)
PETTIGREW, WAYNE
See: http://www.oscn.net/dockets/GetCaseInformation.aspx?db=tulsa&number=CJ-2013-3385&cmid=2644941
Outcome:
Plaintiffs' verdict for $4.3 million for compensatory damaged but in Defendants' favor on Plaintiffs' punitive damage claim.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of First Trinity Financial Corporation and Gregg E. Zahn v. ...?
The outcome was: Plaintiffs' verdict for $4.3 million for compensatory damaged but in Defendants' favor on Plaintiffs' punitive damage claim.
Which court heard First Trinity Financial Corporation and Gregg E. Zahn v. ...?
This case was heard in District Court, Tulsa County, Oklahoma, OK. The presiding judge was Linda G. Morrissey.
Who were the attorneys in First Trinity Financial Corporation and Gregg E. Zahn v. ...?
Plaintiff's attorney: Keith Ward. Defendant's attorney: Bill Pettigrew.
When was First Trinity Financial Corporation and Gregg E. Zahn v. ... decided?
This case was decided on February 23, 2017.