ILNews

Court orders suit against Papa John's to trial

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals reversed a grant of summary judgment in favor of a national pizza chain and its employee, finding there were genuine issues of fact as to whether the employee's statement to police was protected by privilege. In Thomas Williams and Sanford Kelsey v. Kelly Eugene Tharp and Papa John's U.S.A. Inc., No. 29A02-0707-CV-625, Thomas Williams and Sanford Kelsey appealed the trial court grant of summary judgment in favor of Papa John's on their claims for defamation, false imprisonment, negligence, and intentional infliction of emotional distress. Williams and Kelsey picked up a pizza at a Westfield Papa John's. On their way out, an employee, Kelly Tharp, who was using his father's name and information to get the job at Papa John's because he had a criminal past, told a passerby and other employees that Kelsey had a gun. Other employees didn't report seeing a gun. The police were called and Tharp gave the officer the license plate number and description of Kelsey's car. As the two were returning home with their pizza, police surrounded the car and ordered them out at gunpoint. The two were handcuffed and detained for more than an hour while police searched and discovered they didn't have a gun. At the store, a police officer stood behind the counter where Tharp would have been and deduced that he wouldn't have been able to see Kelsey pull a gun from his waist because of the location of the counter. The Court of Appeals found there were many issues of fact in this case and granting Papa John's and Tharp summary judgment on the claims was an error. "The allegation Tharp reported Williams and Kelsey 'pulled a gun' presented factual issues for trial because, as the trial court correctly noted, it imputed criminal activity to Williams and Kelsey," wrote Judge Melissa May. The trial court erred in concluding Tharp's statement was privileged, even if it was defamatory, because there is a genuine issue of fact as to whether privilege applied to his statement. Williams and Kelsey offered ample evidence to give rise to that issue of fact whether Tharp acted with reckless disregard for the truth, she wrote. As a result of the question of whether Tharp's statement was protected by privilege, summary judgment on the false imprisonment count was improperly premised on the qualified privilege. Because of other issues of fact on the intentional infliction of emotional distress, negligent hiring, and punitive damages claims, granting summary judgment in favor of the pizza chain and Tharp was an error. The appellate court remanded the case for trial. 

"My clients are very happy about it and looking forward to getting their day in court," said Arend J. Abel of Indianapolis-based law firm Cohen & Malad, who represented Williams and Kelsey.

Abel noted that Tharp recently pleaded guilty to false informing, acknowledging he deliberately made a false report.
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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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