DALLAS (CN) – A Dallas nightclub that was sued by a man who claims comedian Andy Dick forced his genitals against his head during a performance cross-sued the actor, saying it is not liable for Dick’s behavior.
In May 2011 Robert Tucker sued Tree Fitty Group – the operator of Trees nightclub – and also sued Dick and United Talent Agency, in Dallas County Court, alleging offensive physical touching, intentional infliction of emotional distress and defamation by conduct.
Tucker claimed the talent agency arranged for Dick to perform at the club on Dec. 19, 2010, as part of its Christmas-theme Stocking Stuffer Comedy Tour.
“As Andy Dick walked through the audience, he approached where plaintiff was seated, and plaintiff asked Andy Dick for his autograph,” the complaint states. “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 wth 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.”
At a performance the previous night in Austin, Dick pulled an audience member onstage and repeatedly forced the patron’s head into his groin, the complaint states.
“Following the incident, Andy Dick was asked to leave Trees and the remainder of the performance was canceled,” the cross-claim states. “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.”
The club claims that Tucker’s damages were caused solely by Dick and that he alone is liable for all or some of the damages.
In the event that Tucker obtains a judgment against Dick, the club is entitled to contribution, the cross-claim states.
Trees is represented by Adam Reed with Hermes Sargent Bates in Dallas.
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