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GEORGE L. CLINKSCALE, II as Executor of the Estate of GEORGE L. CLINKSCALE, III Deceased and COURTNEY THOMPSON as guardian for ANAHLA CLINKSCALE, a minor, and CHRISTL YNN CLINKSCALE, a minor, GEORGE L. CLINKSCALE, II, an individual, COYLETT A GOY AN, an individual, Plaintiffs v. GUTS CHURCH, INC., an Oklahoma Corporation, WILLIAM SCHEER, an Individual, SANDRA SCHEER, an Individual,
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CARLOS J. CHF.FPELLE
Plaintiffs, for their cause of action against Defendants allege and state as follows:
Plaintiff, George L. Clinkscale, II, has petitioned to be appointed the executor of"p
the estate and is the father of the Decedent, George L. Clinkscale, III, deceased.
Plaintiff Coyletta Govan is the mother of the Decedent. Plaintiffs, Anahla Clinkscale and Christlynn Clinkscale,
George L. Clinkscale, III. 4. Guts Church, Inc. is an Oklahoma Corporation whose principal place of business
is located in Tulsa County, Oklahoma.
5. Oklahoma. 6. Oklahoma. 7.
William Scheer is an individual whose residence is located in Tulsa County,
Sandra Scheer is an individual whose residence is located in Tulsa County,
Defendants, William Scheer and Sandra Scheer hold themselves out as directors
of Guts Church, Inc. and as such were involved in the organization and promotion of the subject boxing event. 8. On or about September 21, 2011, Defendants, along with others, negligently
promoted, organized, and held a boxing match that was not licensed by the State's licensing authority. 9. George L. Clinkscale, Ill, participated in one of the multiple boxing matches that
were held by the Defendants on September 21, 2011. 10. Defendants have negligently promoted illegal and extremely dangerous
underground boxing operations and held fights on the premises of Guts Church on at least six occasions. The Defendants knew or should have known that all of the fights held during these events and/or promotions were in violation of3A Okla. Stat. Ann. §606(b) (3). 11. The Defendants, in order to promote the fights, utilized individuals somewhat The
known in the area including, but not limited to, University of Tulsa football players.
Decedent formerly played football for the University of Tulsa and coached at Central High School in Tulsa. 12. George L. Clinkscale, III, was severely injured during his participation in the
subject boxing match on September 21, 2011.
13. The injuries that Decedent sustained from his participation in the boxing event directly resulted in his death on September 21, 2011. 14. The Defendants' failures in complying with the required State and Federal Further, when severely injured, no regulations directly contributed to the cause of his death. medical help was available to the Decedent who was in extreme pain and gravely in need of immediate medical assistance, all of which caused the Decedent great pain, suffering, mental anguish. and caused or contributed to the cause of his death. 15. The boxing matches were televised without licensing and there was no report filed
with the Oklahoma Boxing Commission in direct violation of3A Okla. Stat. Ann. § 622. 16. Defendants did not comply with the required State regulations by providing a preTherefore, all fights held during
fight physical by a State licenses physician to all participants. these events were in violation of OK ADC 92:10-3-10. 17.
Defendants did not comply with the required state regulations by failing to have a During the subject match, at no time was there a State
State licenses physician at ringside.
licenses physician at ringside as required by OK ADC 92: 10-3-10. 18. The Defendants acted as both the promoter and the matchmaker of the fight, all in
direct violation of OK ADC 92: 10-3-5. 19. The referee of the fight was not appointed and/or approved by the Oklahoma
Boxing Commission as required by OK ADC 92:10-3-6. 20. The referee did not stop the fight after it became clear that the condition of the
Decedent was such that the bout should have been stopped. This failure to stop the bout is in direct violation of OK ADC 92:10-3-6.
21. 22. 23. Defendants Defendants did not provide proof of the necessary
and holding of the in insurance to the Oklahoma
The announcers for the subject match, and for all the fights, were not licensed by
the Oklahoma Boxing Commission in direct violation of OK ADC 92: 1()... 3-12. All of the activities surrounding the promotion, organization,
subject boxing event are illegal and in direct violation of OK ADC 92:10-1-3. did not have the required liability coverage for each participant
Boxing commission as required by OK ADC 92: 10-1-6. 24. None of the boxing participants participated in a pre-fight weigh-in with either a or a Boxing Inspector as required by OK ADC 92: 10-5-1.
Boxing Commissioner 25.
No drug or alcohol testing was performed prior to the subject boxing event in
direct violation of OK ADC 92:10-5-13. 26. violation The Defendants knew or should have known that all the above actions were in of Oklahoma State statutes and/or administrative regulations as well as Federal
regulations, each of which violations constitute negligence per se. 27. As a result of Defendants' negligence and willful and wanton negligence,
Decedent was severely injured and such injuries directly caused his death. 28. As a result of Defendants' negligence and failure to comply with State statutes
and State and Federal boxing regulations, some of which are recited herein, Decedent died from complications related to injuries sustained from Decedent's participation in the subject fight. 29. The conduct of the Defendants as alleged above constituted gross-negligence
and/or willful and wanton conduct and total disregard for the safety and welfare of not only the Decedent, but the other participants and/or fighters; all for the direct and/or indirect monetary
gain of the Defendants.
30. 31. codified law is negligence per se. 32.
The acts of the Defendants were, in the alternative, intentional and reckless and
caused or contributed to the injuries and death of Decedent. The acts of Defendants alleged above were in direct violation of multiple State
and Federal statutes and regulations. The violation and avoidance of the duties created by
As a direct result of the above conduct of the Defendants, the Decedent, George
L. Clinkscale III, prior to his death, endured pain, suffering and mental anguish which was directly caused by the injuries he suffered in the fight and his ultimate death. 33. As a direct result of Defendants' negligence which caused Decedent's death, the
estate has incurred medical and hospital expenses, funeral and burial expenses. 34. As a further direct result of Defendants' negligence which caused Decedent's
death, Plaintiffs, George L. Clinkscale, II, Coyletta Govan, Anahla Clinkscale. and Christlynn Clinkscale, have suffered the loss of the value of Decedent's financial support for the balance of their lifetimes; the loss of Decedent's services, care, love, affection, society, parental consortium, which were and are of great value to them. 35. That the conduct of the Defendants was in reckless disregard of the rights of
others and/or was intentional with malice towards others and warrants the award of punitive or exemplary damages to the Plaintiffs. 36. discovery. WHEREFORE, Plaintiffs demand Judgment against the Defendants Guts Church, Inc., William Scheer and Sandy Scheer for actual damages in excess of Seventy Five Thousand Plaintiffs reserve the right to amend this petition as warranted by facts revealed in
Dollars ($75,000), as well as punitive damages, statutory interest, costs and such other relief that the Court would deem necessary and proper.
Lee 1. Levenson, DBA No. 5395 Trevor R. Henson, OBA No. 30104
Levinson, Smith & Huffman, P.C. ]743 East 71st Street
Tulsa, OK 74136-4433
ATTORNEYS FOR PLAINTIFFS ATTORNEY'S LIEN CLAIMED.
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