WVLA NBC 33 sued over commercial that never ran

Catherine Melancon Nov. 9, 2012, 4:55am

BATON ROUGE – A Baton Rouge man is suing a news station after it allegedly breached a contract for a commercial that was to run on the station.

Terrence Turner filed suit against White Knight Broadcasting, Communications Corporation of America, WVLA NBC 33 TV, Dena Davis, Tracy Granier, Carolyn Clampit, David D'Aquin and Jim Baronet in the 19th Judicial Court on Oct. 23.

Turner claims the defendants breached a contract.

On Dec. 16, 2010, Turner claims he met with Davis, and provided a completed advertisement, as she requested. He also claims he provided a $400 check to cover the airtime. He asserts Davis told him the commercial would begin to run Friday, Dec. 17, 2010, but later that day, called Turner back and told him the commercial would begin running on Monday, Dec. 20, 2010 because the schedule was tightly configured.

Turner claims that on Dec. 20, 2010 at 9:57 a.m., Davis emailed him a schedule for the air time, but said because of the busy Christmas schedule, some bonus times might change, but his specified times would air.

On Dec. 21, 2010, Turner claims he woke up at 6:25 a.m. to watch the commercial that was supposed to air at 6:50 a.m., but never saw it. Davis allegedly called Turner later that morning to inform him the commercial was pulled because former news anchor, Chris Mycoskie, was in the commercial. She also allegedly stated the general manager, Jim Baronet, and news director, David D'Aquin, did not want to air anything containing a former employee. Turner claims Davis and the local sales manager offered an apology, but never spoke of a reimbursement.

Turner states there was never an agreement that a former employee of the station couldn't be in the commercial, and claims Mycoskie worked for the station 20 months prior to the scheduled airing of the commercial.

The defendant is accused of a breach of contract with Turner.

An unspecified amount in damages is sought for loss of potential earning capacity, mental anguish and pain and lost revenue.

The plaintiff is represented by Kanick Lewis, Jr. of The Lewis Law Firm, LLC.

The case has been assigned to Division I Judge R. Michael Caldwell.

Case no. 616542.

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