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Monday, July 14, 2008
Ind. Decisions - "Papa John's robbery suit heading to court"
The Court of Appeals decision last Friday, July 11th in the case of Thomas Williams and Sanford Kelsey v. Kelly Eugene Tharp and Papa John's U.S.A., Inc. (see ILB entry here) , is the subject of a story by James A. Gillaspy posted this afternoon on the Indianapolis Star website. The long story begins:
Two men who sued Papa John’s USA and a pizza deliveryman who wrongly accused them of armed robbery will get their day in court, despite a judge’s ruling that their claim had no merit.The Indiana Court of Appeals has overturned decisions by Hamilton Circuit Judge Judith Proffitt to dismiss the lawsuit and has ordered it set for trial.
Proffitt’s staff said today that she has not yet reviewed the July 11 order.
“We are extremely pleased with the Court of Appeals decision,” said Arend Abel, attorney for plaintiffs Sanford Kelsey and Thomas Williams. “My clients are anxious to get their day in court, so that a Hamilton County jury can right the wrong they suffered.”
Kelsey, a tax attorney and former Zionsville resident, and Williams, a Fishers dental lab manager living in Noblesville, sued the Papa John’s chain and its Village Park Plaza store’s pizza deliveryman, Kelly Tharp, after a harrowing police stop in 2005.
Posted by Marcia Oddi on July 14, 2008 03:48 PM
Posted to Ind. App.Ct. Decisions