DALLAS (CN) - Andy Dick has settled claims that he forced his exposed penis against the face of an audience member at a comedy show in Texas.
Robert Tucker dropped his claims against Dick, United Talent Agency and Tree Fitty Group, which operates the Trees nightclub in Dallas, according to an agreed order of dismissal Judge Craig Smith signed Tuesday.
Tucker sued the trio in Dallas County Court in May 2011, alleging offensive physical touching, intentional infliction of emotional distress and defamation by conduct. The settlement terms are confidential.
Tucker claimed that the talent agency arranged for Dick to perform at Trees on Dec. 19, 2010, as part of its Christmas-themed Stocking Stuffer Comedy Tour.
Dick performed for few minutes on stage, wearing a wig, black top and skirt, then left the stage and entered the audience.
"As Andy Dick walked through the audience, he approached where plaintiff was seated, and plaintiff asked Andy Dick for his autograph," the complaint stated. "Andy Dick told Plaintiff to 'hold on a minute' and pulled a barstool next to plaintiff. Andy Dick then grabbed plaintiff's head and shoulders to raise himself on top of the barstool. Andy Dick then took control of Plaintiff's head with his left hand and pulled down his costume skirt with his right hand, exposing the fact that he was not wearing underwear beneath the skirt. Defendant Dick then, while still controlling plaintiff's head with his hand forced his genitals against the left side of plaintiff's face. Plaintiff immediately pulled away. Andy Dick returned to the state with the help of defendant's employees."
Tucker said that Dick engaged in similar behavior one night earlier at a performance in Austin where he repeatedly forced a clubgoer's head into his groin.
"Andy Dick's extreme and outrageous conduct constituted a defamatory message that plaintiff was in agreement with and a participant in the morally degenerate, sexually perverted and publically lewd act at issue," the complaint stated. "The conduct also constituted a defamatory message that plaintiff consented and/or was an assistant to Andy Dick's performance. Both statements were false and defamatory per se."
In July 2012, Tree Fitty Group filed a cross-claim against Dick, arguing that Dick alone caused Tucker's injuries, making the raunchy comedian solely liable.
"Following the incident, Andy Dick was asked to leave Trees and the remainder of the performance was canceled," the cross-claim stated. "All patrons, including the plaintiff, were offered a full refund of their admission price and Andy Dick did not receive any compensation for his performance."
Tucker claims that the incident caused him to suffer severe and long-lasting emotional distress; that the YouTube postings of the assault have bothered him; and that the employees he supervises and manages at his job harass and ridicule him over it.
Dick can currently be seen on the 16th season of "Dancing With the Stars," having not been voted off the reality show after two weeks of competition.
Judge Smith dismissed the suit with prejudice against refiling, according to the order.
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