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ELECTRONICALLY FILED

2017 Jun 26 PM 2:59


CLERK OF THE CRAWFORD-PITTSBURG DISTRICT COURT
CASE NUMBER: 2017-CV-000072-P

IN THE CRAWFORD COUNTY DISTRICT, KANSAS


CIVIL DEPARTMENT

KASEY KING } Case No.


Plaintiff, }
v. }
} JURY TRIAL DEMANDED
MY TOWN MEDIA, INC., }
LORI BOLTON FLEMING, and }
KURTIS LOY }
Defendants. }

PETITION FOR DAMAGES


(Pursuant to K.S.A. Chapter 60)

COMES NOW Plaintiff Kasey King, by and through his attorney Prince Adebayo

Ogunmeno, and for his cause of action against the defendants My Town Media, Inc., Lori

Bolton Fleming, and Kurtis Loy states and alleges as follows:

PARTIES

1. The plaintiff Kasey King is an individual person, and a resident of Crawford County,

Kansas.

2. Defendant My Town Media, Inc., is a corporation organized by virtue of the laws of

the State of Kansas and doing business in Crawford County, State of Kansas.

3. Defendant Lori Bolton Fleming (hereinafter referred to as Fleming) is an individual

person and a resident of Crawford County, Kansas.

4. The defendant Kurtis Loy (hereinafter referred to as Loy) is an individual person

and a resident of Crawford County, Kansas.

5. Jurisdiction and venue is proper in this court pursuant to K.S.A. 60-603 and K.S.A.

60-604 in that all the defendants are resident of Crawford County and all the acts or

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omissions which gave rise to this cause of action occurred within Crawford County,

Kansas.

COUNT I
BREACH OF CONTRACT CLAIM
AGAINST DEFENDANT MY TOWN MEDIA, INC.

6. The allegations contained in the above paragraphs are incorporated herein by

reference.

7. On February 16, 2015, the plaintiff entered into a radio advertisement contract with

the defendant My Town Media, Inc.

8. The defendant My Town Media, Inc., promised to create the content and produce a

radio advertisement for plaintiffs signature drive for a grand jury petition; in

exchange the plaintiff promised to pay defendant its usual and customary charges for

such radio spots for a 30 days run.

9. In addition, the parties agreement imposes the general contractual duties and

obligations, including but not limited to a duty to act in good faith.

10. The plaintiff fully performed his obligations under the parties contract by payment to

defendant My Town Media, Inc., in advance, the agreed contract amount.

11. However, the defendant breached the parties contract when it unilaterally cancelled,

withdrew and refuses to continue to run plaintiffs signature drive radio campaign for

30 days agreed to in the parties contract without any just cause or legal excuse to do

so.

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12. As a direct and proximate result of the defendant My Town Media, Inc.s breach of

the parties contract, plaintiff suffered damages for which he is entitled to recover

compensatory damages from the defendant My Town Media, Inc.

WHEREFORE, plaintiff prays the court for judgment against the defendant My

Town Media, Inc., in an amount provable at trial that is just and reasonable, for his costs,

including reasonable attorney fees, if appropriate, and for all other reliefs the court find

just and proper.

COUNT II
TORTIOUS INTERFERENCE WITH CONTRACTUAL RELATIONS
CLAIM AGAINST DEFENDANT FLEMING AND LOY

13. The allegations contained in the above paragraphs are incorporated herein by

reference.

14. On February 19, 2015, there was in existence a valid contract between plaintiffs and

defendant My Town Media, Inc.

15. Defendant Fleming and Loy possessed knowledge of the existing grand jury signature

drive campaign radio advertisement contract between plaintiff and My Town Media,

Inc.

16. Defendants Fleming and Loy willfully and intentionally interfered and brought about

the breach and termination of the existing radio advertisement contract between the

plaintiff and My Town Media, Inc.

17. The defendant Fleming and Loy have no legal excuse or legal justification to interfere

and to cause the breach or termination of the existing contract between plaintiff and

My Town Media, Inc.

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18. As a direct and proximate cause of the defendants wrongful and intentional

interference with plaintiffs contractual relations with My Town Media., Inc., plaintiff

suffered damages for which he is entitled to recover compensatory damages from

defendants Fleming and Loy.

WHEREFORE, the plaintiff prays the court for judgment against the defendant

Fleming and Loy in an amount in excess of $75, 000.00, award of punitive damages, for

plaintiffs costs, and for all other reliefs the court find just and proper.

DEMAND FOR JURY TRIAL

Plaintiff demands trial to the jury of all disputed issues in this cause pursuant to

K.S.A. 60-238.

Respectfully submitted,

/s/ Prince Adebayo Ogunmeno


Prince Adebayo Ogunmeno KS # 14808
155 S. 18th Street, Suite 250
Kansas City, Kansas 66102-5654
Tel. (913) 233-2133
aikogun@yahoo.com
aikogun@ogunmenolawfirm.com
Attorney for the Plaintiff.