Dismissal Hearing Set For Nov. 29
WARSAW — A hearing on pending motions to dismiss, filed by two defendants, in a lawsuit filed by Atta Belle Helman and Larry Dwayne Helman has been set for 3 p.m. Tuesday, Nov. 29. The hearing will be held in Kosciusko Circuit Court.
Counsel for both The Papers Inc. and Stacey Staley have filed motions to be dismissed from the lawsuit.
The complaint and jury demand was filed by the Helmans June 6, in Kosciusko Circuit Court. The suit is against Barnett’s Bail Bonds Inc., The Papers Inc., Staley, Tadd S. Martin, Daniel S. Foster and Michael C. Thomas, and stems from the death of Gary Helman Aug. 25, 2014.
No specified dollar amount is being sought in the eight-count complaint. What the Helmans are seeking are compensatory damage to be determined, attorney fees and treble damages, cost of the action and all other relief.
Larry Helman was injured in the shooting at their home. Atta Helman was at the residence when the shooting incident occurred, according to police reports at the time of the shooting.
The counts in the complaint are: negligence against all defendants, and individually against Barnett’s and The Papers; trespass against Martin, Foster and Thomas as agents of Barnett’s; residential entry, intimidation and battery to Atta Helman and battery to Larry Helman against Martin.
Counsel for The Papers Inc. state the plaintiffs failed to plead the operative facts necessary to set for an actionable claim and have not adequately outlined operative facts and law. The plaintiffs also failed to state a claim where relief can be granted.