Date: 04-11-2012

Case Style: State of Oklahoma, ex rel. Department of Transportation v. Don L. Wilson

Case Number: CJ-2001-5937

Judge: Parrish

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Ed Pritchett

Defendant's Attorney: Jeff L. Todd

Description: State of Oklahoma, ex rel. Department of Transportation sued Don L. Wilson, Trustee of the Don L. Wilson Living Trust, et al. on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests for public use.

The Court appointed Phillip Isaacs, Patrick Glenn and Alan Schmook as commissioners to appraise the value of the property taken and the damages, if any, sustained by the remainder of Defendants' property as a result of the taking which they reported was $763,000 in their opinions.

Court Minute:

"JUDGE PARRISH; ENT:4/9/2012 CASE COMES ON FOR JURY TRIAL. PLAINTIFF REPRESENTED BY COUNSELE. EDD PRITCHETT. JEFF L/ TODD APPEARS WITH DEFENDANTS. BOTH SIDES ANNOUNCE READY.TWENTY FIVE JURORS SWORN TO ANSWER QUESTIONS. EIGHTEEN CALLED TO THE BOX. VOIR DIRE WAIVED FROM RECORD. JUROR #18 EXCUSED FOR CAUSE BY THE JUDGE. JUROR CALLED AND ANSWERS QUESTIONS. PLAINTIFF AND DEFENDANT PASS JURY FOR CAUSE. PEREMPTORY CHALLENGES.ALL CHALLENGES CALLED. THIRTEEN JURORS SWORN TO TRY CASE.COURT'S INSTRUCTION # 1. OPENING STATEMENTS BY PLAINTIFF AND DEFENDANT. WITNESSES SWORN, TESTIMONY HEARD, EXHIBITS OFFERED. COURT ADMONISHEES JURY AND RECESSES UNTIL 4/10/2012 @ 9:00 AM. COURT REPORTER KAREN TWYFORD.

DAY 2 ENT:4/10/2012 JURY TRIAL CONTINUES AFTER NIGHTS RECESS.ALL PARTIES PRESENT AND READY. JURORS RETURN TO BOX. WITNESSES SWORN. TESTIMONY HEARD, EXHIBITS OFFERED. DEFENDANT REST. PLAINTIFF CALLS WITNESSES, CROSS EXAMINATION. PLAINTIFF REST. DEMURRER OVERRULED. COURT ADMONISHEES JURY AND RECESSES UNTIL 4/11/2012 @ 9:00 AM. COURT REPORTER KAREN TWYFORD.

DAY 3 ENT:4/11/2012 JURY TRIAL CONTINUES AFTER NIGHT RECESS. ALL PARTIES PRESENT AND READY. JURORS RETURN TO BOX. COURT'S INSTRUCTION TO THE JURY. CLOSING ARUGMENTS BY PLAINTIFF AND DEFENDANT. ALTERNATE JUROR EXCUSED. JURY RETIRES TO DELIBERATE NAD RETURNS WITH VERDICT AND FINDS; IN FAVOR OF THE DEFENDANT AND FIX THE DOLLAR AMOUNT OF JUST COMPENSATION IN THE SUM OF $982,000.00. COURT REPORTER KAREN TWYFORD. "

Outcome: Defendants' verdict for $982,000.00.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Note: Under Oklahoma law, if a jury awards a defendant damages 10% greater than the commissioners' award, Defendant is entitled to recover attorney fees, expert witness fess and costs.