Lawsuit against Tyson Foods heir dismissed

FAYETTEVILLE — A federal lawsuit filed against a Tyson Foods heir by a Texas theater company was dismissed earlier this month after Carla Tyson paid a promised gift.

Zachary Scott Theatre Center in Austin sued Tyson in federal court in Texas on Feb. 1. The lawsuit claimed Tyson committed to giving the theater company $500,000 toward the construction and operation of a state-of-the-art theater in exchange for naming the lobby in honor of her mother.

The lawsuit said the theater was built, signs put in place and, since opening, tens of thousands of patrons have passed through the Twilla Jean Tyson Grand Lobby. The entry to the theater’s leadership wall has featured solely the Tyson family name since opening, according to the lawsuit.

Tyson agreed to make five annual $100,000 contributions, beginning in June 2013, according to the lawsuit. Tyson paid $255,000 of her commitment in August 2013, accounting for the first 2½ years of the agreement, according to the lawsuit.

She hadn’t made any payments since, the lawsuit claimed.

The order of dismissal was filed Feb. 6.

“Prior to being served, defendant informed plaintiff that while she disputed the amount owed, she had decided to nevertheless pay it and avoid litigation,” according to the order of dismissal. “On February 5, 2019, plaintiff received a wire transfer in the amount of $244,983. Accordingly, plaintiff hereby dismisses its lawsuit.”

The theater company contended it relied on Tyson’s commitment in the budgeting and planning process to its detriment. The lawsuit sought $245,000 in actual damages, exemplary damages for making fraudulent representations and attorney fees.