Kaitlyn Walker v. Lance Layne Walker

IN THE DISTRICT COURT IN AND FOR TULSA COUNTY STATE OF OKLAHOMA KAITLYN WALKER, Plaintiff, v. LANCE LAYNE WALKER, Defendant. PETITION FOR ASSAULT AND BATTERY AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS COMES NOW the Plaintiff, Kaitlyn Walker, by and through her attorney of record, Stephen J. Modovsky, and hereby states her causes of action against the Defendant, Lance Layne Walker. In support of her causes of action, Plaintiff hereby alleges and states as follows: I. PARTIES, JURSIDICTION AND VENUE 1. That Plaintiff Kaitlyn Walker is a resident of Wagoner County, State of Oklahoma at all times relevant hereto. 2. That Defendant Lance Layne Walker is a resident of Muskogee County, State of Oklahoma at all times relevant hereto. 3. That pursuant to 12 O.S. § 133, venue is proper for the reason that the acts complained of herein occurred within Tulsa County, State of Oklahoma. 4. That this action is brought before this Court so that it may exercise jurisdiction on any basis consistent with the Constitution of the United States and the Constitution of the State of Oklahoma. See 12 O.S. § 2004(F). II. FACTS COMMON TO ALL COUNTS 5. That on or about January 11, 2025, after attending a hockey game at the BOK Center in Tulsa, Oklahoma, Plaintiff and Defendant, husband and wife, were in their vehicle preparing to leave the concert parking area. 6. That Defendant put his hands and fists on the Plaintiff, violently pulled her hair and smashed her face on the vehicle’s dashboard multiple times, pulled substantial portions of her lower-back length hair out and caused the Plaintiff to blackout and have injuries. 7. That Plaintiff sustained bruises on her body, material loss of her hair along with a concussion. 8. That as a result of Defendant Lance Layne Walker’s behaviors, Plaintiff was subjected to an immediate barrage of harmful and offensive contacts by Defendant resulting in her physical injury, great anxiety and severe emotional distress, medical expenses, she suffered lost wages and accompanying expenses as a result. 9. That after this incident, Plaintiff ended their relationship and filed for a divorce. III. CAUSES OF ACTION FIRST CAUSE OF ACTION ASSAULT AND BATTERY That the foregoing paragraphs, 1-9, are hereby incorporated and adopted as if set forth fully herein verbatim. 10. That Defendant willfully and unlawfully used force and violence, as descried above, upon Plaintiff. 11. That this conduct was the proximate cause of Plaintiff’s personal injuries and damages. 12. That the Plaintiff did not consent to Defendant striking her with his fists, violently and multiply smashing her face and head on the dashboard, pulling out significant portions of her then lower-back length hair, and causing her to blackout and suffer a concussion. 13. That as a result of Defendant’s actions, Plaintiff suffered sustained actual injuries, emotional harm, great anxiety, suffering and severe emotional distress. WHEREFORE, PREMISES CONSIDERED, Plaintiff demands judgment against Defendant Lance Layne Walker for his intentional, willful and malicious acts in an amount in excess of the amount required for diversity jurisdiction pursuant to Section 1332 of Title 28 of the United States Code, and for any and all such other and further relief to which this Court deems Plaintiff is entitled under the circumstances, including but not limited to, judgment against the Defendant for actual and/or compensatory damages in excess of Seventy-Five Thousand and 00/100 Dollars ($75,000.00). SECOND CAUSE OF ACTION INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS That the foregoing paragraphs, 1-13, are hereby incorporated and adopted as if set forth fully herein verbatim. 14. That Defendant Lance Layne Walker intentionally or recklessly inflicted severe emotional distress upon Plaintiff through his extreme and outrageous conduct. 15. That Defendant Lance Layne Walker actions go beyond all possible bounds of decency and should be considered atrocious and utterly intolerable in a civilized society. 16. That as a result of Defendant Lance Layne Walker’s intentional, willful, and malicious act, Plaintiff suffered actual injuries, emotional harm, great anxiety, suffering and severe emotional distress. 17. That as a result of Defendant’s actions, Plaintiff suffered sustained actual injuries, WHEREFORE, PREMISES CONSIDERED, Plaintiff demands judgment against Defendant Lance Layne Walker for his intentional, willful and malicious acts in an amount in excess of the amount required for diversity jurisdiction pursuant to Section 1332 of Title 28 of the United States Code, and for any and all such other and further relief to which this Court deems Plaintiff is entitled under the circumstances, including but not limited to, judgment for actual and/or compensatory damages against the Defendant in excess of Seventy-Five Thousand and 00/100 Dollars ($75,000.00). IV. PUNITIVE DAMAGES That Plaintiff adopts and re-alleges paragraphs numbered 1-17 above and incorporate by reference the statements and/or allegations contained therein. 18. That Defendant Lance Layne Walker’s aforementioned egregiously horrific actions against Plaintiff was willful and malicious and were so extreme and outrageous as to go beyond all possible bounds of decency and would be considered atrocious and utterly intolerable in a civilized society. 19. That the acts and/or conduct and/or omissions of Defendant Lance Layne Walker are grossly negligent and/or display a reckless disregard for the rights of the public in general. 20. That as such, Plaintiff is therefore entitled to an award of punitive damages as against Defendant Lance Layne Walker. WHEREFORE, PREMISES CONSIDERED, the Plaintiff demands judgment against the Defendant in an amount in excess of the amount required for diversity jurisdiction pursuant to Section 1332 of Title 28 of the United States Code, and for any and all such other and further relief to which this Court deems Plaintiffs entitled under the circumstances. V. AMENDMENTS 21. That the Plaintiff reserves the right to amend this Petition as facts are developed through discovery. WHEREFORE, PREMISES CONSIDERED, the Plaintiff prays that judgment be granted including, but not limited to, actual and/or compensatory damages in excess of Seventy-Five Thousand and 00/100 Dollars ($75,000.00), with interest accruing from date of filing of suit, punitive damages in excess of Seventy-Five Thousand and 00/100 Dollars ($75,000.00), reasonable attorney fees, all applicable pre- and post-judgment interest, costs and all other relief deemed appropriate by this Court as may be proper under the circumstances. Respectfully submitted, By: ______________________________________ STEPHEN J. MODOVSKY, OBA#18594 Attorney for the Plaintiff MODOVSKY LAW OFFICE 1204 South Cheyenne Avenue Tulsa, OK 74119 OFF: 918-592-2677 FAX: 918-592-2377 EMAIL: [email protected]