Date: 04-21-2000

Case Style: Dee Jay Berry v. National Cooperative Refinery

Case Number: 99-cv-37

Judge: Terry C. Kern

Court: United States District Court for the Northern District of Oklahoma

Plaintiff's Attorney: Elizabeth J. Bradford, Oklahoma City, Oklahoma and Timothy Steven Gilpin, Tulsa, Oklahoma

Defendant's Attorney: Mark Byron Jennings of Shipley, Jennings & Champlin, Tulsa, Oklahoma and John V. Wachtel and Klenda Mitchell Wichita, Kansas

Description: Diversity of Citizenship - Personal Injury - Plaintiff sustained a severe back injury when he fell from a railroad tank car. He claimed that defendant negligently allows oil to accumulate on the car making it dangerous.

Defendant denied negligence and claimed negligence on the part of the plaintiff and a third party.

Outcome: Jury verdict finding that plaintiff sustained damages in the amount of $1.68 million but that he was 1% at fault and National Cooperative Refinery was 1% at fault and third party was 98% at fault with resulting judgment for plaintiff for $16,800.00.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None