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. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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