Date: 10-16-2009

Case Style: Intervivos Trust of Hal Capron v. Taima McDowell

Case Number: CJ-2007-938

Judge: Deborah Shallcross

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Steve Capron and Mike Edwards, Capron & Edwards, P.C., Tulsa, Oklahoma

Defendant's Attorney: Bobbie Callahan-Freeberg, Tulsa, Oklahoma

Description: The Intervivos Trust of Hal Capron sued Taima McDowell on breach of contract and fraud theories. Plaintiff claimed that on November 12, 2006, the parties entered into a written agreement for the sale by Plaintiff to McDowell of a home located at 10741 South Irvington in Tulsa, Oklahoma.

Defendant represented that she had ample means to close on the sale of the ime at issue and that Robert Small had custody of the funds for her and insisted that she could pay cash for the property.

McDowell did not appear at the closing on the sale and despite efforts by Plaintiff the sale never closed.

Plaintiff claimed that Defendant breached the agreement and made material misrepresentations to Plaintiff.

Defendant claimed that Plaintiff made misrepresentations and breached the contract.

Outcome: Plaintiff's verdict for $247,500.00 in compensatory damages on the breach of contract claim and $150,000 on the fraud claim plus $500,000 in punitive damages plus interest of $35,440 for a total judgment of $932,940.00.

Plaintiff's Experts:

Defendant's Experts:

Comments: