April 8, 2008
Indiana Court of Appeals Oral Argument
Speaker: Williams v. Tharp
Time: 5:00 pm
Location: Wynne Courtroom
Tuesday, April 8, at 5:00 p.m. Williams v. Tharp
Two men went to a Papa John's restaurant in Westfield to pick up a pizza they had ordered. An employee falsely reported one of the men pulled a gun. A number of police officers surrounded the men's vehicle when they returned home with the pizza. Police detained the men, in handcuffs and on their knees, for an hour and a half while they investigated.
The men sued Papa John's and its employee for defamation, false imprisonment, negligence, and intentional infliction of emotional distress. The trial court excluded evidence the men offered in the form of the police in-car video recording and some statements by a police officer. It then granted summary judgment for Papa John's and the employee on the grounds the complaint included no defamatory statement; the employee's statement was privileged; and the employee did not act intentionally or in an extreme and outrageous manner.
The Scheduled Panel Members are: Judges Kirsch, Riley and May. http://www.in.gov/judiciary/appeals/calendar.html
The judges will take questions from the audience after the argument. A reception sponsored by the Indiana State Bar Association will be held in the atrium after this argument.