Judge Dixon

CJ-2010-3555 — Devox Management Group, LLC v. Human Performance Center #2, PLLC, Terrance Cason, Karla Branch

For the Plaintiff: W. Davidson Pardue, Anne Zachritz

For the Defendant: Evan Gatewood

Notes:

Plaintiff alleges they performed certain remodel tasks to Defendants’ home and was not fully paid. Defendant denies Plaintiff’s claims and believes Plaintiff was fully compensated for the work they did.

Verdict: For the Plaintiff on the breach of contract claim for $7872.00

Judge Parrish

CJ-2012-27 — Huynh T Tran v. Tammy Bilbrey and Kaci Dawn Bilbrey

For the Plaintiff: Jack Herndon

For the Defendant: Lacy Boyles (now Vassar)

Notes:

Auto accident that occurred on January 16, 2010. Plaintiff’s medical specials total $2513.76.

Verdict: For the Defendant.

Judge Davis

CJ-2011-8832 — Esther Mwangi v. Auto Services Company, Inc.

For the Plaintiff: Joe White, Charles Weddle, Kevin Bennett

For the Defendant: Lyle Nelson

Notes:

Plaintiff purchased an extended warranty for her vehicle from Defendant. Plaintiff’s transmission failed. Plaintiff made her claim. Defendant denied coverage, but offered a settlement. Plaintiff alleges she is owed for the full amount for the repair for her transmission.

Verdict: For the Plaintiff for contract actuals of $4758.31 and bad faith damages of $300,000.00. Jury found stage two malicious conduct, but the parties settled before the issue of the punitive damages amount went to the jury.

Judge Graves

CJ-2011-8192 — Stephanie Griffin v. Laura Haftman

For the Plaintiff: Travis Dunn

For the Defendant: Bill Molinsky

Notes:

Auto accident that occurred on September 1, 2010. Admitted liability. Plaintiff’s medical specials total almost $15,000.00. Defendant has hired Dr. Stephen Conner to testify as their medical expert.

Verdict: For the Plaintiff in the amount of $9013.00.

Judge Dixon

CJ-2009-890 — Timothy Figg and Wendy Figg v. Toyota Motor Corporation, et al.

For the Plaintiff: Bill Medley, Jim Sill, Richard Denney

For the Defendant: James Jennings, Linda Kaufmann

Notes:

Timothy Figg was involved in a low speed rollover accident in a 1999 Toyota 4Runner on January 31, 2007. As a result of the accident, Timothy Figg sustained injuries that have rendered him a quadriplegic. Plaintiffs allege defects in the Toyota 4Runner and the seat belt mechanism. Defendant denies the Plaintiffs’ claims.

Verdict: From OSCN: JURY TRIAL CONTINUES AAFTER NIGHTS RECESS , COURT RECOVENES, PLAINTIFF AGAIN RAISES CHALLENGES ON REMAINING JURORS AND CLAIMS CANNOT OBTAIN A FAIR TRIAL, COURT FINDS JURORS ARE FAIR AND IMPARTIAL AND SHOULD NOT BE REMOVED BUT TO AVOID CONCERNS FROM THE BEGINNING OF A LONG TRIAL, COURT DECLARES A MISTRIAL AND DIRECTS PARTIES TO FILE BRIEFS WITHIN 7 DAYS ON WHY THIS CASE SHOULD REMAIN IN OKLAHOMA COUNTY AND NOT BE TRANSFERRED TO ROGERS COUNTY

Judge Stuart

CJ-2011-6962 — Diane Hamilton, as Daughter and Next of Kin to Mamie Roberts v. Integris Health, Inc., Southwest Medical Center

For the Plaintiff: Jim Buxton, Jacob Rowe

For the Defendant: Glenn Huff, Steve Johnson

Notes:

Mamie Roberts (77 y/o) had hip surgery at Intrgris SW Medical Center in April of 2010. Plaintiff alleges that Mrs. Roberts was placed on a bedpan after her surgery and was left there for 16 hours without being turned or repositioned. Plaintiff alleges that as a result of being left on the bedpan for that amount of time, Mrs. Roberts developed pressure ulcers that took a year to repair at the expense of $534,397.32. Defendant alleges that the pressure ulcers were unavoidable and developed due to Mrs. Roberts’ medical conditions.

Verdict: Mistrial, at the request of the Defendant, after opening statements were made.

Judge Prince

CJ-2011-2538– Gary Pinion, Jr. and Courtney Mitchell v. GEICO

For the Plaintiff(s):  Joe Carson

For the Defendant(s):  Gerard Pignato

Notes:

Automobile accident/Breach of Uninsured Motorist Claim. The accident occurred on February 17, 2010. GEICO claims that since the Plaintiffs settled with one of the tortfeasor Defendants for less than the policy limits, that the Plaintiffs have not stated a “legally  cognizable claim” for uninsured motorist benefits.

Verdict: From OSCN directly: JURY RETIRES TO DELIBERATE AND RETURN WITH VERDICT AND FIND (1) ISSUES IN FAVOR OF THE PLAINTIFF, GARY PINION JR. AND FIX THE DOLLAR AMOUNT OF HIS DAMAGES IN THE SUM OF $17,352.56 (2) ISSUES IN FAVOR OF THE PLAINTIFF, COURTNEY MITCHELL, AND FIX THE DOLLAR AMOUNT OF HER DAMAGES IN THE SUM OF $13,050.25 (3) ISSUES IN FAVOR OF NEVEAH PINION, A MINOR, AND FIX THE DOLLAR AMOUNT OF HER DAMAGES IN THE SUM OF $39,997.74. (4) ISSUES IN FAVOR OF THE PLAINTIFF GARY PINION JR, AS FATHER AND NEXT FRIEND OF NEVEAH PINION, A MINOR, AND FIX THE DOLLAR AMOUNT OF HIS DAMAGES IN THE SUM OF $25,000.00 ( TO BE DEPOSITED INTO TRUST FUND TO NEVEAH WITH 1/2 TO BE AWARADED AT 18 & 1/2 TO BE AWARDED AT 21.

Judge Davis

CJ-2012-4215–Hoan T. Tran and Loc Le v. Thomas Jones

For the Plaintiff(s): Jimmy Bowden

For the Defendant(s): Brian Downing

Notes:

Automobile accident that occurred on June 10, 2009. Plaintiff claiming $4744.00 in chiropractic medical bills and $1917.37 in property damage.

Verdict: For the Defendant.

Judge Davis

CJ-2009-10456–Cheryl Barber v. Edmond Hyundai LLC and Tinker Federal Credit Union

Plaintiff Attorney: M. Kathi Rawls

Defendant Attorney: John Hunt

Notes:

Plaintiff signed blank forms presented to her by Edmond Hyundai. Plaintiff alleges representatives from Edmond Hyundai filled in terms inconsistent with the parties’ agreement. Edmond Hyundai then sold the finance contract to Tinker Federal Credit Union. Plaintiff alleges that Tinker representatives did nothing to cure the alleged incorrect information. Edmond Hyundai denies any wrongdoing and claims the Plaintiff had buyers’ remorse.

Verdict:

For the Plaintiff in the amount of $200,000.00 actual damages and $7500.00 punitive damages.

Judge Swinton

CJ-2006-7578–Big Giant Warehouse, LLC v. Stan Crowgey and KINE Ministries Inc and KINE Ministries LLC

Plaintiff Attorney: Jack Dawson, Andrea Rust

Defendant Attorney: Robert Nelson, Derrick DeWitt

Notes: Defendant Crowgey worked for Plaintiff off and on for twenty years. Plaintiff alleges that Defendant Crowgey used Plaintiff’s warehouse space improperly  for Defendant’s ministry. Plaintiff also alleges that Crowgey used trade secrets learned from Crowgey’s employment with Plaintiff to further his own interest and cause Plaintiff harm. There are various other claims related to the same occurrences. The Defendant has also filed counterclaims.

Verdict:

(This is cut straight from OSCN. It got a little crazy)

JURY RETIRES TO DELIBERATE AND RETURNS WITH A VERDICT AND FINDS: JUDGMENT FOR PLAINTIFF ACTUAL DAMAGES IS THE SUM OF $0. (2) THEY FIND DEFENDANT TIM FOX ACTED IN RECKLESS DIREGARD OF THE RIGHTS OF OTHERS. (3) THEY DO NOT FIND BY CLEAR AND CONVINCING EVIDENCE THAT DEFT. TIM FOX ACTED INTENTIONALLY AND WITH MALICE TOWARDS OTHERS. VERIDCT IS CONTRADICTORY, SO JUDGE SEND THEM TO JURY ROOM TO EXAMINE INSTRUCTION #28. JURY DELIBERATES AND RETURNS WITH A VERDICT AND FINDS FOR DON FOX D/B/A BIG GIANT WAREHOUSE ACTUAL DAMAGES $.0. (2) THEY DO NOT FIND TIM FOX ACTED IN RECKLESS DISREGARD. (3) THEY DO NOTI FIND TIM FOX ACTED INTETIONALLY OR WITH MALICE TOWARDS OTHERS. SIGNED BY FOREPERSON AND (8) OTHER JURORS. JURY IS DISCHARGED.

Judge Dixon

CJ-2011-5531–Gina Fletcher v. Sooner Clinical Research

Plaintiff Attorney: John Mac Hayes

Defendant Attorney:  Debra McCormick

Notes:

Wrongful Termination. Plaintiff alleges she was wrongfully terminated because she resisted unwanted sexual advances.

Verdict: Settled shortly after beginning of trial

Judge Parrish

CJ-2010-4425–Kyle Medcalf and Shari Medcalf, as husband and wife and Craig Medcalf v. John Lee Cornell

Plaintiff Attorney: Gary James, Matt Frisby

Defendant Attorney: Jim Buxton, JW Coyle III

Notes:

Plaintiffs Kyle Medcalf and Craig Medcalf, off duty OK Highway Patrolman, were working as security guards in Bricktown. Kyle Medcalf observed Defendant harassing a bus driver. Kyle approached Defendant and a physical confrontation ensued. Craig Medcalf went to help and got involved in the physical confrontation. Plaintiffs have brought civil claims for personal injuries allegedly caused by Defendant.

Verdict: For the Plaintiff, Kyle Medcalf in the amount of $62,500.00 and for the Plaintiff, Craig Medcalf in the amount of $1.00.

Judge Davis

CJ-2009-733–Edward Muldowney, et al. (wife and kids) v. YMCA of Greater Oklahoma City and Camp Classen YMCA

Plaintiff Attorney: Jerry Kirksey, Steven Booker, Jim Loftis

Defendant Attorney: David Proctor

Notes:

Premises Liability. Plaintiff fell and was injured on a bridge on Defendant’s property while trying to help a girl with cerebral palsy. The accident occurred on April 14, 2005. This trial is expected to last for two weeks.

Verdict: The parties announced a settlement after three days of trial.

Judge Swinton

CJ-2007-5448–Melese Hedrick v. Joan M. Hardy, MD and Rejuvena Skin and Wellness Center

Plaintiff Attorney: Tom Cummings

Defendant Attorney: Hilton Walters

Notes:

Plaintiff’s face was allegedly burned and scarred  during a procedure.

Verdict: For the Defendant

Judge Graves

CJ-2011-1839– Nathan Wambeke v. Robert Allen

Plaintiff Attorney: James Belote

Defendant Attorney: Michael Githens

Notes:

Auto accident that occurred on September 2, 2010. Admitted liability. Plaintiff medical specials equal $34,616.42. Defendant has hired Dr. Stephen Conner, MD as their medical expert.

Verdict: For the Plaintiff in the amount of $87,116.00.

Judge Dixon

CJ-2010-3191–Samuel Everett Tarver v. Richard Scott Serrano

Plaintiff Attorney: Monty Cain, Eric Cavett

Defendant Attorney: Shawn Arnold, Matthew McDevitt

Notes:

This case arises fron an auto/pedestrian accident that occurred on December 20, 2009. The Defendant has hired Dr. Dennis Foster as their medical expert.

Verdict: Settled after voir dire

Judge Davis

CJ-2011-2644–Joseph Milton v. Extreme Pain and Body Shop, Inc.

Plaintiff Attorney: James Harvey

Defendant Attorney: Janet Cox

Notes:

Plaintiff took his vehicle to Defendant to repair hail damage. Plaintiff alleges that after Defendant was paid, Plaintiff discovered the work was not done correctly and even more damage was done. Defendant denies the allegations of the Plaintiff.

Verdict: For the Plaintiff in the amount of $11,353.79

Judge Prince

CJ-2011-1608–Susan Clinkenbeard v. Ellen Schuyler

Plaintiff Attorney: Greg Laird

Defendant Attorney: Lacy Boyles

Notes:

Plaintiff tripped and fell over a box while working at Defendant’s home. Defendant has hired Dr. Dennis Foster as their medical expert.

Verdict: For the Plaintiff in the amount of $25,000.00 with the jury comparing negligence between the parties as: Plaintiff–49%  Defendant–%51

Judge Dixon

CJ-2010-9928–Tom Codding v. James V. McWhirter, et al.

Plaintiff Attorney: PR Tirrell, Mike Denton

Defendant Attorney: Jon Laasch, Sid Brown

Notes:

Plaintiff received inheritance money. Plaintiff agreed for Defendant to manage Plaintiff’s money. Plaintiff worked and lived at Defendant’s business. Plaintiff asked for an accounting of his money and it became apparent that the money was gone. Plaintiff sued, bringing several causes of action.

Verdict: The jury found in favor of the Plaintiff in the amounts of $37,000.00 and $5,619.00 on Plaintiff’s different claims.

Judge Swinton

CJ-2011-5974–Robert Lee Leaverton v. Donna Fulton

Plaintiff Attorney: David Hasbrook, Clayton Hasbrook

Defendant Attorney: Thomas Ferguson

Notes:

Plaintiff is 89 years old and was rear-ended by the Defendant.  The Defendant claimed it was a sudden emergency and contested liability.  Plaintiff had $3,219.00 in medical bills.  The medical care consisted of doctor visits, an  MRI and 4 physical  therapy appointments.  The Plaintiff had  a massive pre-existing rotator cuff tear, but was still able to regularly play golf several times a week until the accident.  Plaintiff also had pain in his shoulder after the accident if he played the guitar more than 15-30 minutes.  Doctor Uhland testified for the Plaintiff.  Dr. Conner testified for the Defendant. The Defendant filed an offer of judgment for $8,000.00.

Verdict: The jury found for the Plaintiff and awarded him damages in the amount of $38,219.00.

Judge Davis

CJ-2009-1627–Sherwood Brown v. Kellie Warrior

Plaintiff Attorney: Plaintiff represented himself, pro se.

Defendant Attorney: Anthony Bonner

Notes:

Plaintiff’s claim arose from a car accident that occurred on February 21, 2007.

Verdict: The jury found the issues in favor of the Defendant.

The next jury week begins on September 10, 2012.

Judge Dixon

CJ-2009-441–Terry Bobo, and Environmental Management, Inc v. Mid-Continent Casualty Company and Messer-Bowers Company, Inc.

Plaintiff Attorney: Mark Engel, Steve Mansell, Kenneth Cole

Defendant Attorney: David Donchin, Glen Mullins, William Greenwood

Notes:

This is an insurance bad faith case. Plaintiff was sued. Defendant was Plaintiff’s insurance company. Plaintiff alleges that Defendant failed to defend and indemnify. Defendant denies Plaintiff’s claims and claims that they took appropriate action.

Verdict: Verdict as to the breach of contract claim was in the sum of  $931,250.00 in favor of the Plaintiff. As to the bad faith claim, the verdict was in the sum of $144,750.00 in favor of the Plaintiff. No punitive damages awarded.

Judge Davis

CJ-2011-1676–Ladonna Watson v. Joey Frazier

Plaintiff Attorney: Gaylon Hayes, Melissa Peros

Defendant Attorney: Anthony Bonner

Notes:

Auto accident that occurred on August 24, 2010. Admitted liability, rear end accident. Plaintiff incurred medical bills in the amount of $2844.00. Defendant hired Dr. Michael Winzenreid as their medical witness.

Verdict: For the Plaintiff in the amount of $1500.00.

Judge Davis

CJ-2011-1676–Ladonna Watson v. Joey Frazier

Plaintiff Attorney: Gaylon Hayes, Melissa Peros

Defendant Attorney: Anthony Bonner

Notes:

Auto accident that occurred on August 24, 2010. Admitted liability, rear end accident. Plaintiff incurred medical bills in the amount of $2844.00. Defendant hired Dr. Michael Winzenreid to do an IME.

Verdict: Mistrial

Judge Graves

CJ-2011-309–Cody Bufford v. Wilbur Burns

Plaintiff Attorney: Tom Corbin

Defendant Attorney: Tom Manning

Notes:

Auto accident that occurred on August 20, 2010. Plaintiff has $20,098.95 in medical specials and is claiming $3038.00 in lost wages. Plaintiff treated at OSSO in OKC under Dr. Arthur Conley. Defendant hired Dr. Stephen Conner to perform an IME.

Verdict: For the Plaintiff in the amount of $44,200.00 with the jury finding 30% negligence on the Plaintiff and 70% on the Defendant.