The Indiana Court of Appeals will hear oral argument in Thomas Williams and Sanford Kelsey v. Kelly E. Tharp and Papa John’s USA, Inc. on Tuesday, April 8th at 5:00 p.m. in the Wynne Courtroom in Inlow Hall at the IU School of Law, Indianapolis.  A panel of Judge Patricia A. Riley, Judge James S. Kirsch, and Judge Melissa S. May will hear the case on appeal from Hamilton Circuit Court.

The case involves a series of events following a pizza order.  The facts most favorable to Mr. Williams and Mr. Kelsey, as the parties defending against Papa John's summary judgment motion, are that an employee of Papa John’s, Mr. Tharp, falsely told police that the appellants pulled a gun when they picked up a pizza from a Papa John’s restaurant in Westfield.  A number of police officers surrounded the men’s vehicle when they returned home with their pizza.  Police detained them, in handcuffs and on their knees, for an hour and a half while they investigated.  Mr. Williams and Mr. Kelsey later sued Papa John’s for defamation, false imprisonment, negligence, and intentional infliction of emotional distress.  The Court will determine whether the trial court erred in finding that Mr. Tharp’s statements were not defamatory and that he did not act intentionally or in an extreme or outrageous manner.  Arguing for the appellants, Mr. Williams and Mr. Kelsey, will be Arend Abel of Cohen & Malad, Indianapolis.  Mr. Tharp and Papa John’s will be represented by Eric Johnson of Kightlinger & Gray’s Indianapolis office.

The Court hears oral argument at venues across the state to enable Hoosiers to learn about the judicial branch, and members of the audience are invited to ask questions about the judicial process in Indiana following the submission of the case.   Williams v. Tharp will be the Court’s ninth visit to Indiana University School of Law-Indianapolis in the past eight years.  The Court has heard more than 200 oral arguments “on the road” at law schools, colleges, high schools and county courthouses since its centennial in 2000-2001. 

The Indiana Court of Appeals is the state’s second-highest court.  It reviews appeals from trial court decisions; a decision of the Indiana Court of Appeals is final unless granted further review by the Indiana Supreme Court.  The majority of appeals filed in Indiana are decided by the Court of Appeals.  

The 15 judges on the Court of Appeals issue more than 2,800 written opinions each year, sitting in three-judge panels.  For more information about the Court of Appeals, visit www.in.gov/judiciary/appeals.  For the Court’s “Appeals on Wheels” initiative, as well as additional information on Williams v. Tharp, visit http://www.in.gov/judiciary/appeals/arguments.html.