Most of Joe Mixon lawsuit dismissed
by Nolan Clay Published: November 21, 2016 2:27 PM CDT Updated: November 21, 2016 7:30 PM CDT
THE OKLAHOMAN
Joe Mixon (25) poses for photographs during media day at Gaylord Family-Oklahoma Memorial Stadium in Norman, Okla., on Saturday, Aug. 6, 2016. Photo by Steve Sisney, The Oklahoman
A federal judge in Oklahoma City has dismissed two-thirds of a lawsuit filed against star Sooner running back Joe Mixon.
A University of Oklahoma student, Amelia Molitor, sued Mixon in July, almost two years after he punched her in the face at a Norman cafe.
Molitor, 22, accused Mixon, 20, in the lawsuit of negligence, willful and wanton misconduct, and intentional infliction of emotional distress.
The lawsuit was filed in California but now is pending in Oklahoma City federal court.
In a nine-page order Monday, U.S. District Joe Heaton dismissed Molitor's first two claims, leaving at issue only her claim of intentional infliction of emotional distress.
Mixon had sought dismissal of all three claims.
The running back's attorneys argued Molitor is making allegations of intentional action that fit a battery lawsuit. They argued her attorneys made the other claims instead because they missed a one-year deadline to file a battery case.
In his order, Heaton agreed in part, writing, "Under Oklahoma law, intentional acts cannot be the basis for a negligence claim." He made the same finding on the willful and wanton misconduct claim.
The judge gave Molitor's attorneys 14 days to file an amended petition and raise the claims again. The judge, however, wrote he has considerable doubt the deficiencies he found in the lawsuit with those claims "can be cured by amendment."
Molitor suffered fractured bones in her face from the punch. Mixon later said, through an attorney, that he acted in self-defense.
Mixon was suspended from the football team for a season after the confrontation and charged with a misdemeanor — acts resulting in gross injury.
Under a plea deal, he was put on probation for a year and required to complete 100 hours of community service and undergo cognitive behavior counseling.
He entered an Alford plea to the criminal charge. That allowed him to accept the plea deal while continuing to assert innocence.
Molitor also filed a lawsuit in July against Pickleman's Gourmet Cafe, where she was injured. That lawsuit also is pending in Oklahoma City federal court.
Molitor, who goes by Mia, is set to graduate from OU in December with a dual degree in philosophy and human relations.
by Nolan Clay Published: November 21, 2016 2:27 PM CDT Updated: November 21, 2016 7:30 PM CDT
THE OKLAHOMAN
Joe Mixon (25) poses for photographs during media day at Gaylord Family-Oklahoma Memorial Stadium in Norman, Okla., on Saturday, Aug. 6, 2016. Photo by Steve Sisney, The Oklahoman
A federal judge in Oklahoma City has dismissed two-thirds of a lawsuit filed against star Sooner running back Joe Mixon.
A University of Oklahoma student, Amelia Molitor, sued Mixon in July, almost two years after he punched her in the face at a Norman cafe.
Molitor, 22, accused Mixon, 20, in the lawsuit of negligence, willful and wanton misconduct, and intentional infliction of emotional distress.
The lawsuit was filed in California but now is pending in Oklahoma City federal court.
In a nine-page order Monday, U.S. District Joe Heaton dismissed Molitor's first two claims, leaving at issue only her claim of intentional infliction of emotional distress.
Mixon had sought dismissal of all three claims.
The running back's attorneys argued Molitor is making allegations of intentional action that fit a battery lawsuit. They argued her attorneys made the other claims instead because they missed a one-year deadline to file a battery case.
In his order, Heaton agreed in part, writing, "Under Oklahoma law, intentional acts cannot be the basis for a negligence claim." He made the same finding on the willful and wanton misconduct claim.
The judge gave Molitor's attorneys 14 days to file an amended petition and raise the claims again. The judge, however, wrote he has considerable doubt the deficiencies he found in the lawsuit with those claims "can be cured by amendment."
Molitor suffered fractured bones in her face from the punch. Mixon later said, through an attorney, that he acted in self-defense.
Mixon was suspended from the football team for a season after the confrontation and charged with a misdemeanor — acts resulting in gross injury.
Under a plea deal, he was put on probation for a year and required to complete 100 hours of community service and undergo cognitive behavior counseling.
He entered an Alford plea to the criminal charge. That allowed him to accept the plea deal while continuing to assert innocence.
Molitor also filed a lawsuit in July against Pickleman's Gourmet Cafe, where she was injured. That lawsuit also is pending in Oklahoma City federal court.
Molitor, who goes by Mia, is set to graduate from OU in December with a dual degree in philosophy and human relations.
