NORMAN, Okla. - OU running back Joe Mixon is fighting back against the woman he punched in a Norman deli two years ago.
As we reported in July, Amelia Molitor filed a civil suit against Mixon for negligence.
There’s a star-studded witness list from Coach Bob Stoops to quarterback Baker Mayfield.
Mixon’s attorneys tell NewsChannel 4 the case should be thrown out.
A hearing is scheduled for October 13th in federal court in San Francisco.
Mixon’s attorneys say Molitor basically filed the wrong kind of lawsuit.
She’s alleging negligence.
Mixon’s attorneys say it looks a lot more like an assault and battery case, and if the judge agrees with Mixon, time has run out for Molitor.
A federal judge will decide whether the civil trial against Joe Mixon should stay in California or transfer it to Oklahoma.
Molitor was able to file suit in California because MIxon’s permanent address is there.
Her attorneys claim she can’t get a fair trial in the Sooner State because of “the importance placed on the Oklahoma football program.”
Mixon’s attorneys argue that’s a waste of time and money.
“There are plenty of cases that generate a lot of publicity where you`re still able to find jurors who don`t have an interest in the lawsuit and can be fair and impartial,” Mixon’s attorney, Mark Grossman, said.
Surveillance video captured the altercation between Mixon and Molitor more than two years ago, but the video still hasn’t been released.
It’s tied up in a separate lawsuit.
An animation gives you an idea of what happened when Mixon punched Molitor, fracturing several bones in her face.
Molitor is seeking at least $75,000 in damages.
But Mixon’s attorneys say this case may never go to trial.
They’re going to ask the judge to throw it out on a legal technicality.
“As they have alleged it, we’re not really dealing with negligence here. We’re really dealing with an alleged assault and battery, and those kinds of cases just have a 1 year period where you can bring a lawsuit,” Grossman said.
Molitor’s attorneys claim she suffered emotional distress because of threats she’s received, but she’s back in school at OU.