Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.

Help support the publication of case reports on MoreLaw

Date: 12-11-2013

Case Style: Estate of Addison Darnell Lewis v. James D. Filipski

Case Number: CJ-2012-98

Judge: Tracy Schumacher

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: L. Wayne Edgar

Defendant's Attorney: L. Dee Oliphant

Description: The Estate of Addison Darnell Lewis, Mae Francis Garson, a personal representative, sued James D. Filipski on a negligence theory claiming:

The Parties

1. That Addison Damell Lewis died on February 18, 2010.

2. The Estate of Addison Darnell Lewis is currently in probate in Custer County, Oklahoma.

3. Mae Francis Grayson brings this suit pursuant to 120.5. § 1051 as Personal Representative of the Estate of Addison Damell Lewis.

4. Defendant is a resident of Norman, Cleveland County, Oklahoma, when the subject action arose and remains at that address.

Jurisdiction

5. Jurisdiction is proper in this Court under 20 0.5. § 91.1. as the subject actions recited herein took place within the jurisdiction of the District Court of Cleveland County, State of Oklahoma.

Venue

6. Cleveland County is the proper venue for this lawsuit since the Defendants’ wrongful actions occurred in Cleveland
County, Oklahoma, and under 120.S. § 139 as the Defendant resides in Cleveland County, State of Oklahoma.

First Cause of Action - Negligence

7. That in 1999, Mr. Jim Filipski (hereinafter Defendant) accepted the position of Fiduciary and Legal Custodian of Mr. Addison Dameli Lewis (hereinafter Decedent).

8. From the date of his acceptance of above position, Defendant was responsible for managing all of Decedent’s Veterans Benefits.

9. Decedent suffered from Defendant’s negligence as follows:

a. Defendant owed a duty of care of a fiduciary to Decedent.

b. Defendant breached this duty by not acting in Decedent’s best interests.

c. Decedent suffered financial injury as a result of Defendant’s handling of financial matters.

g. Decedent’s injuries were directly caused by Defendant’s breach of fiduciary duty and negligent handling of Decedents
funds.

h. Plaintiff’s injuries were proximately caused by Defendant’s breach of fiduciary duty.

10. As a direct result of Defendant’s negligence, Decedent suffered financial loss in an amount in excess of $10,000.00.
Second Cause of Action - Conversion

11. Plaintiff alleges and re-alleges paragraphs I through 10 above.

12. That Defendant converted the Decedent’s property as follows:

a. That Decedent owned and had right to receive his Veterans Administration funds.

b. Defendant intentionallytook possession of overthe property of the Decedent.

c. That Defendant deprived Decedent of access to Decedent’s property.

d. That Decedent did not consent to said actions by Defendant.

e. That Decedent was harmed as a result of Defendant’s actions.

13. As a direct result of Defendant’s conversion, Decedent suffered financial loss in an amount in excess of $10,000.00.
Third Cause of Action - Embezzlement

14. Decedent alleges and re-alleges paragraphs I through 13 above.

15. That Defendant committed embezzlement against the Decedent’s property as follows:

a. That the Defendant had right to access, possess, and control the property of Decedent.

b. That the Defendant was a fiduciary over funds held in Trust for the Decedent.

c. That Defendant converted and fraudulently appropriated and secreted monies entrusted to him without the knowledge of
Decedent, against the intent of Decedent, and without the consent of the Decedent.

c. That Defendant diverted monies entrusted to him in a manner outside the purpose and object of the appropriation.

d. That Decedent suffered loss from the Defendant’s conversion.

16. As a direct result of Defendant’s embezzlement, Decedent suffered financial loss in an amount in excess of $25,000.00

Fourth Cause of Action - Breach of Fiduciary Duty

17. Decedent alleges and re-alleges paragraphs I through 16 above.

18. That Defendant committed Breach of Fiduciary Duty against the
Decedent as follows:

a. That a fiduciary relationship existed between Decedent and Defendant that created fiduciary duties that Defendant owed Decedent.

b. That Defendant breached the fiduciary duties to Decedent by misappropriating and converting Decedents finances.

c. That the breach of the fiduciary duties of mismanaging Decedent’s financial matters was the direct cause of damages to Decedent.

19. As a direct result of Defendant’s Breach of Fiduciary Duty, Decedent suffered financial loss in an amount in excess of $10,000.

WHEREFORE, Plainfiff prays that the Court grant and award Plaintiff judgment against Defendant in a sum in excess of $10,000.00, prejudgment interest, costs, a reasonable attorney’s fee, and that the Plaintiff be awarded all other relief, legal or equitable, to which it is entitled.

Defendant appeared and answered as follows:

1. The Defendant admits paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 of Plaintiffs Petition.

2. The Defendant denies the allegations of every other paragraph and sub paragraph of Plaintiffs Petition, and demands strict proof thereof.

COUNTERCLAIM

3. The defendant has a cause of action against the Plaintiff pursuant to 12 O.S. § 1441 for Libel by publishing the allegations in each of Plaintiffs four causes of action alleged in Plaintiffs Petition.

4. That the Defendant was appointed as Fiduciary of Addison D. Lewis, Lsame person as Addison Darnell Lewisi now deceased, by the Veteran’s Administration, and acted in such capacity from 1999 until the death of Addison D. Lewis, on February 18,2010.

5. That in his capacity as Fiduciary, the Defendant submitted an annual accounting of income and expenses on behalf of Addison D. Lewis for audit by the Veteran’s Administration and each year his accounting was approved by the Veterans Administration.

6. That the Defendant has been forced to employ legal counsel by Plaintiffs baseless actions herein, and is entitled to his costs of defending this action.

7. That by Plaintiffs willful, intentional, and malicious actions in filing this baseless lawsuit and by Libeling the Defendant, the Defendant has been damaged in excess of $10,000.00 for actual damages, and in excess of $10,000.00 in exemplary damages.

WHEREFORE, HAVING Answered Plaintiffs Petition herein, the Defendant prays that the Plaintiffs causes of action be dismissed, that the Defendant be awarded actual and exemplary damages as prayed for, for his Attorney’s fees and costs expended herein, and for such other relief as the Court deems appropriate.

Plaintiff answered to the allegations in Defendant's counterclaim, as follows:

PLAINTIFF’S ANSWER TO COUNTERCLAIMS

1. Paragraph 3 is denied.

2. Paragraph 4 is admitted.

3. Plaintiff is without sufficient knowledge to confirm or deny the allegations in paragraph 5 and therefore denies the same.

4. Paragraph 6 is denied.

5. Paragraph 7 is denied.

AFFIRMATIVE DEFENSES

1. Absolute Privilege 12 O.S. 1443.1.

PRAYER FOR RELIEF

Wherefore, having fully answered the Counterclaims, Plaintiff prays the Defendant take nothing by way of his Counterclaims, that the Plaintiff be awarded its attorney’s fees and costs incurred in defense of this action and for such other relief as this Court may deem fair and just.

Outcome: Settled and jointly dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments:



Find a Lawyer

Subject:
City:
State:
 

Find a Case

Subject:
County:
State: