District Court of Tulsa County, State of Oklahoma

“ The fact that a "bear" has no "free will" with ability to determine right from wrong, and understand the nature or extent that it could or would injure humans is what makes the "bear" abnormally dangerous. ”

“ Where the negligent conduct of the actor creates or increases the risk of a particular harm and is a substantial factor in causing that harm, the fact that the harm is brought about through the intervention of another force does not relieve the actor of liability, except where the harm is intentionally caused by a third person and is not within the scope of the risk created by the actor’s conduct. ”

“ Contrary to the tacit assumption made by the district court, foreseeability relates to duty and proximate causation in different ways and to different ends. The duty element of negligence focuses on whether the defendant's conduct foreseeably created a broader "zone of risk" that poses a general threat of harm to others. The proximate causation element, on the other hand, is concerned with whether and to what extent the defendant's conduct foreseeably and substantially caused the specific injury that actually occurred. ”

“ Due to the risk involved to attendees and the general public, the Defendant Landmark’s inability to eliminate the risk or moderate the degree of harm to attendees, is not appropriate to conduct the seminars in any location where the attendees have an opportunity to harm other human beings. ”

“ Defendant Landmark's free speech argument is inapplicable where the Plaintiff complains not of their speech alone, but instead the totality of their conduct (i.e., sleep deprivation, food deprivation, and extreme infliction of emotional distress upon Defendant Weed) . Defendant Landmark does have a right to freedom of speech, and all United States citizens have a right of assembly, however, Landmark does not have the right to engage in an ultra-hazardous activity that they knew could ultimately result in insanity, psychosis, and ultimately, death. ”

“ Based on prior history of the Defendant Landmark, the likelihood that harm will result from the Defendant’s seminars is great. Even though the percent of those that attend, who develop mental disorders resulting in homicide, is small. ”

“ One who carries on an abnormally dangerous activity is subject to liability for harm to the person, land or chattels of another resulting from the activity, although he has exercised the utmost care to prevent the harm. ”

“ In the case before the Court, Defendant Landmark is manufacturing psychotic/insane killers, and others with varying degrees of mental disorders. Thus, Defendant Landmark is creating a foreseeable risk of harm that rises to the level of an ultra-dangerous activity, when its Forum overcomes the "free will" of its attendees, and in a certain number of individuals causes them to be as abnormally dangerous as a "bear". ”

“ Secondly, because of their affirmative acts, Defendant Landmark created and exposed the Plaintiff’s decedent to the recognizable high degree of risk of harm that insane persons pose. A reasonable man would at all times take into account the high degree risk of harm posed by such insane persons. Defendant Landmark claims that they had no duty to control Defendant Weed, which would be true if they had not caused him to become psychotic. Defendant Landmark certainly knew of the risks, or they would not have put a screening procedure in place. ”

“ The Defendant applied psychological methods and techniques and practiced psychology under Texas Law without a license to do so, when they knew or should have know that the practice would result in some attendees developing mental disorders and manifesting violent acts. ”

“ Defendant Landmark’s Motion to Certify the Interlocutory Appeal is not timely brought, and requires leave of the Supreme Court in order to proceed. It fails to meet the threshold requirements for such appeal found in 12 O.S. §952 (b) (3) in that : [1] it does not affect a substantive part of the merits of the controversy or [2] materially advance the ultimate termination of the litigation. It is a poorly veiled attempt at forum-shopping through a not so subtle attempt to re-align of the parties. ”

“ Causing one human being to become insane and kill another is a high risk activity. (b)
The likelihood that a large number of those who attended the seminars will develop significant psychological problems, severe enough to need psychiatric treatment, some resulting in the death of others while psychotic and/or insane. Thus, would result in great harm. (c)
Defendant Landmark hired a panel of psychiatrists to develop a screening process, which was implemented but which failed to protect either Robert Jenkins (died 2001) or Stephen Burns (died 2002) . ”

“ Defendant Landmark’s authoritarian-style program leader then proceeds to persuade their unwitting consumer (who has paid a considerable sum to attend) to believe that (a) their lives are not working, (b) that they have caused every deleterious event that has ever happened to them, (c) that salvation is based upon accepting the belief system being offered, (d) learning to talk in the jargon of the trainers, and (e) remaining connected with the organization by being an unpaid volunteer/helper and (f) recruiting other customers for the organization. ”

“ Denies a temporary or permanent injunction, grants a temporary or permanent injunction except where granted at an ex parte hearing, or discharges, vacates, or modifies or refuses to discharge, vacate, or modify a temporary or permanent injunction ”