Tuesday, February 26, 2013
Dallas trial date set for Andy Dick’s “offensive physical contact” at Trees
The details are juicy.
This morning, ABC announced that Andy Dick will be among those Dancing With the Stars when the competition series returns March 18. But two weeks before that, Andy Dick has a court date in Dallas over allegations he exposed himself during a performance at Trees on December 19, 2010, and “forced his genitals” against the face of patron Robert Tucker.
More than likely Dick won’t show on Monday, when the trial is set to begin in State District Judge Craig Smith’s downtown courtroom. After all, in the close to two years since Tucker sued the performer and the Deep Ellum nightclub, Dick and his legal representatives have yet to respond to a single court filing. He has more or less pretended the whole thing never happened.
“It certainly seems that way,” says downtown attorney Barrett Lesher, who is representing the club.
“I haven’t heard a whisper from him,” says Christopher Coats, who’s representing Tucker.
Efforts have been made to settle this case: On February 1, attorney Daniel Perez attempted to mediate an agreement between Tucker and Trees’ attorneys. Alas: “I regret to inform the Court that the parties reached an impasse,” Perez wrote in a February 5 letter contained in the court filings. Lesher says he can’t talk about the figures thrown out during the settlement discussions, while Coats says his client just “wants what’s fair.”
Says Coats, “It’s kind of one of those things were someone’s been deeply humiliated and embarrassed, and it has affected his work performance. It’s hard to gauge what that’s worth. It’ll be whatever the jury decides.”
Trees has attempted to fend off the suit for two years, insisting in court documents that Tucker should have known what he was in for. But as you’ll note in the court documents below, when deposed Tucker claimed he knew little about Dick’s infamously bad behavior before that night. He just knew him as the co-star of 1994′s In the Army Now.
Last summer, Lesher filed docs saying that “in the unlikely event that [Tucker] obtains a favorable judgement against Trees,” the club wants Dick to cover “all costs of Court expended by Trees,” since this was all his fault to begin with. But Lesher and Coats are in the same boat: Should the jury find Dick to blame, partially or wholly, someone’s going to have to collect from him. And that may be hard to do.
“It all depends on what the jury decides,” says Lesher. “They could assess everything against Dick and Trees owes nothing.” But if the jury splits the blame? We’ll have to figure out what to do.”
“We’ll have to see what the judge says,” Coats says. “What I imagine is we’ll get a default judgment against him. I don’t know whether we’d be able to collect anything against Andy Dick. We’d become debt collectors at that point, which is always a fun place to be.”
Robert Tucker's Motion for Partial Summary Judgment
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