Date: 09-07-2011

Case Style: David Hishaw v. Kasey Curry

Case Number: CJ-2009-6775

Judge: Caroline Wall

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Mark Miller

Defendant's Attorney: Steve Wangsgard

Description: Tulsa, OK - Personal injury lawyer Mark Miller represented David Hishaw who sued Kasey Curry.

Issue # 1. Issue: AUTO NEGLIGENCE (AUTONEG)
Filed By: HISHAW, DAVID
Filed Date: 09/09/2009
Party Name Disposition Information
Defendant: ESTATE OF JAMES EDWARD WEBSTER Disposed: JUDGEMENT FOR DEFENDANT, 09/07/2011. Jury Trial
Docket
Date Code Description Count Party Amount
09-09-2009 TEXT

CIVIL RELIEF MORE THAN $10,000 INITIAL FILING.
1
09-09-2009 AUTONEG

AUTO NEGLIGENCE

09-09-2009 DMFE

DISPUTE MEDIATION FEE
$ 2.00
09-09-2009 PFE1

PETITION

Document Available at Court Clerk's Office
$ 150.00
09-09-2009 PFE7

LAW LIBRARY FEE
$ 6.00
09-09-2009 OCISR

OKLAHOMA COURT INFORMATION SYSTEM REVOLVING FUND
$ 25.00
09-09-2009 CCADMIN

COURT CLERK ADMINISTRATIVE FEE ON COLLECTIONS
$ 1.00
09-09-2009 CHAB

C.H.A.B. STATUTORY FEE
$ 10.00
09-09-2009 AGVSU

ATTORNEY GENERAL VICTIM SERVICES UNIT
$ 3.00
09-09-2009 CCADMIN03

COURT CLERK ADMINISTRATIVE FEE ON COLLECTIONS
$ 0.30
09-09-2009 LTF

LENGTHY TRIAL FUND
$ 10.00
09-09-2009 SMF

SUMMONS FEE (CLERKS FEE)
$ 5.00
09-09-2009 SMIP

SUMMONS ISSUED - PRIVATE PROCESS SERVER

09-09-2009 TEXT

OCIS HAS AUTOMATICALLY ASSIGNED JUDGE SHALLCROSS, DEBORAH C. TO THIS CASE.

09-09-2009 ACCOUNT

RECEIPT # 2009-1740962 ON 09/09/2009.
PAYOR:SMOLEN & SMOLEN TOTAL AMOUNT PAID: $212.30.
LINE ITEMS:
CJ-2009-6775: $155.00 ON AC01 CLERK FEES.
CJ-2009-6775: $3.00 ON AC07 ATTORNEY GENERAL VICTIM SERVICES UNIT.
CJ-2009-6775: $6.00 ON AC23 LAW LIBRARY FEE.
CJ-2009-6775: $1.30 ON AC31 COURT CLERK REVOLVING FUND.
CJ-2009-6775: $2.00 ON AC64 DISPUTE MEDIATION FEES.
CJ-2009-6775: $10.00 ON AC69 CHILD ABUSE MULTIDISCIPLINARY FEE.
CJ-2009-6775: $25.00 ON AC79 OCIS REVOLVING FUND.
CJ-2009-6775: $10.00 ON AC81 LENGTHY TRIAL FUND.

03-26-2010 CTFREE

SHALLCROSS, DEBORAH; NOTICE OF IMPENDING DISMISSAL FOR FAILURE TO OBTAIN SERVICE WITHIN 180 DAYS; NOTICE TO: MARK MILLER;

03-26-2010 NOID

NOTICE OF IMPENDING DISMISSAL FOR FAILURE TO OBTAIN SERVICE WITHIN 180 DAYS / CERTIFICATE OF MAILING

Document Available at Court Clerk's Office

04-01-2010 S

PARTY HAS BEEN SUCCESSFULLY SERVED. SUMMONS SERVED ON JAMES E WEBSTER, SIGNED BY J. K? ON 3-31-10 BY CERTIFIED MAIL

Document Available at Court Clerk's Office
WEBSTER, JAMES EDWARD
04-16-2010 EAA

SPECIAL APPEARANCE RESERVING ADDITIONAL TIME TO FURTHER PLEAD OR ANSWER // STEPHEN A WANGSGARD ENTERS AS COUNSEL / COVERSHEET ATTACHED // CERTIFICATE OF MAILING

Document Available at Court Clerk's Office
WEBSTER, JAMES EDWARD
05-05-2010 A

ANSWER (TO PLAINTIFF'S PETITION) // CERTIFICATE OF MAILING

Document Available at Court Clerk's Office
WEBSTER, JAMES EDWARD
08-05-2010 O

ORDER// SCHEDULING ORDER IS ENTERED AND THE FOLLOWING CASES ARE SET FOR PRETRIAL ON 10/26/10 AT 9;00 AM

Document Available at Court Clerk's Office

08-05-2010 CTFREE

SHALLCROSS, DEBORAH; NOTICE OF DISPOSITION DOCKET; SCHEDULING ORDER ENTERED. PRETRIAL SET 10/26/10 AT 9:00 A.M.

09-10-2010 TEXT

DEFT'S SUGGESTION OF DEATH UPON THE RECORD & MOTION TO SUBSTITUTE PARTIES (JAMES EDWARD WEBSTER) / CERTIFICATE OF MAILING

Document Available at Court Clerk's Office
WEBSTER, JAMES EDWARD
09-29-2010 CTFREE

SHALLCROSS, DEBORAH; GRANTED/AGREED ORDER ALLOWING SUBSTITUTION OF PARTIES;

09-30-2010 O

AGREED ORDER ALLOWING SUBSTITUTION OF PARTIES (KASEY CURRY TO BE SUBSTITUTED AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JAMES EDWARD WEBSTER)

Document Available at Court Clerk's Office

10-11-2010 REQ

DEFENDANT'S REQUEST TO SET SCHEDULING CONFERENCE // CERTIFICATE OF MAILING (A/J)

Document Available at Court Clerk's Office
WEBSTER, JAMES EDWARD
10-13-2010 CTFREE

SHALLCROSS, DEBORAH; GRANTED/ORDER SETTING SCHEDULING CONFERENCE; SET 11/5/10 AT 9A.M.

10-13-2010 CTFREE

SHALLCROSS, DEBORAH; PRETRIAL 10/26/10 STRICKEN AS AMENDED SCHEDULING ORDER WILL BE ENTERED.

10-20-2010 OSH

ORDER SETTING HEARING SCHEDULING CONFERENCE (11-05-10 @ 9:00 AM)

Document Available at Court Clerk's Office

11-04-2010 CTFREE

SHALLCROSS, DEBORAH; HEARING 11/5/10 STRICKEN AT REQUEST OF PARTIES. AN AGREED SCHEDULING ORDER WILL BE SUBMITTED.

11-09-2010 CTFREE

SHALLCROSS, DEBORAH; GRANTED/SCHEDULING ORDER; PRETRIAL SET 3/4/11 AT 2 P.M.

11-09-2010 SCHO

SCHEDULING ORDER (11-09-10)

Document Available at Court Clerk's Office

12-20-2010 OFRJ

OFFER TO CONFESS JUDGMENT / CERTIFICATE OF MAILING

Document Available at Court Clerk's Office
WEBSTER, JAMES EDWARD
12-22-2010 WL

DEFENDANT'S PRELIMINARY WITNESS AND EXHIBIT LIST// CERTIFICATE OF MAILING

Document Available at Court Clerk's Office
WEBSTER, JAMES EDWARD
01-11-2011 TEXT

ADMINISTRATIVELY REASSIGNED BY AOC MIS PER HELP DESK CONTACT 144881

02-10-2011 MOSJ

DEFENDANTS MOTION FOR PARTIAL SUMMARY ADJUDICATION AND BRIEF IN SUPPORT ( BY ATTY FOR DEF JAMES WEBSTER)

Document Available at Court Clerk's Office
$ 50.00
02-10-2011 CNOTE

CASE NOTE: DEFS MOTION FOR PARTIAL SUMMARY ADJUCICATION WAS ORIG POSTED ON CASE CJ-10-6775 IN ERROR / WILL DO A CASE TO CASE TRANS TO CORRECT / DS

02-11-2011 TEXT

DEFENDANT WEBSTER'S PROPOSED JURY INSTRUCTIONS // A-J // CERTIFICATE OF MAILING

Document Available at Court Clerk's Office
WEBSTER, JAMES EDWARD
02-11-2011 MOLIM

DEFENDANT WEBSTER'S FIRST MOTION IN LIMINE AND BRIEF IN SUPPORT // A-J // CERTIFICATE OF MAILING

Document Available at Court Clerk's Office
WEBSTER, JAMES EDWARD
02-11-2011 ACCOUNT

RECEIPT # 2011-2060915 ON 02/11/2011.
PAYOR: TOTAL AMOUNT PAID: $0.00.
LINE ITEMS:
CJ-2009-6775: $50.00 ON TRANSFER TO AC01 CLERK FEES.
CJ-2010-6775: $-50.00 ON TRANSFER FROM AC01 CLERK FEES.

02-16-2011 MOLIM

PLTFS' MOTION IN LIMINE & BRIEF IN SUPPORT (C/J)

Document Available at Court Clerk's Office
HISHAW, DAVID
03-02-2011 RESP

DEFT WEBSTER'S RESPONSE TO PLTF HISHAW'S MOTION IN LIMINE & BRIEF IN SUPPORT

Document Available at Court Clerk's Office
WEBSTER, JAMES EDWARD
03-03-2011 MO

PLAINTIFFS' AMENDED MOTION IN LIMINE AND BRIEF IN SUPPORT // CERTIFICATE OF MAILING

Document Available at Court Clerk's Office
HISHAW, DAVID
03-04-2011 CTFREE

CHAPPELLE, CARLOS; CASE COMES ON FOR HEARING. MARK MILLER APPEARS FOR PLAINTIFF; MARK SMILING APPEARS FOR DEFENDANT. PRETRIAL ORDER ENTERED. JURY TRIAL SET 5/16/11 AT 9 A.M.

03-21-2011 RESP

DEFENDANT WEBSTER'S RESPONSE TO PLAINTIFF HISHAW'S AMENDED MOTION IN LIMINE AND BRIEF IN SUPPORT // NO-J // CERTIFICATE OF MAILING

Document Available at Court Clerk's Office
WEBSTER, JAMES EDWARD
05-13-2011 TEXT

PLTF'S PROPOSED JURY INSTRUCTIONS (C/J)

Document Available at Court Clerk's Office
HISHAW, DAVID
05-16-2011 CTFREE

CHAPPELLE, CARLOS; JURY TRIAL 5/16/11 STRICKEN BY THE COURT AND PASSED TO 9/6/11 AT 9 A.M. MARK MILLER & MARK SMILING PRESENT. WITNESS IS RECOGNIZED BACK ON 9/6/11 AT 9:00 A.M.

09-02-2011 PTO

PRE-TRIAL CONFERENCE ORDER

Document Available at Court Clerk's Office

09-02-2011 CRF

COURT REPORTER FEE-TRIAL ON MERITS
$ 20.00
09-02-2011 RJT

REQUEST FOR JURY TRIAL
$ 349.00
09-02-2011 ACCOUNT

RECEIPT # 2011-2194662 ON 09/02/2011.
PAYOR:A MARK SMILING TOTAL AMOUNT PAID: $369.00.
LINE ITEMS:
CJ-2009-6775: $369.00 ON AC01 CLERK FEES.

09-06-2011 TEXT

PLAINTIFF'S DESIGNATION OF DEPOSITION TESTIMONY / CERTIFICATE OF SERVICE

Document Available at Court Clerk's Office
HISHAW, DAVID

Outcome:

CASE NUMBER - CJ-2009-6775 JUDGE CARLOS J. CHAPPELLE DATE - SEPT 7, 2011
DAVID HISHAW V. KASEY CURRY
CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL - PLAINTIFF PRESENT AND REPRESENTED BY MARK MILLER. DEFENDANT PRESENT AND REPRESENTED BY MARK SMILING. THE JURORS ARE CALLED AND SWORN TO QUALIFICATIONS. THE JURY IS EMPANELED AND EXAMINED FOR CAUSE. THE JURORS ARE ACCEPTED FOR CAUSE.
PEREMPTORY CHALLENGES
JURORS: (1) EDDIE MANNS (2) ROBERT DEMPSEY (3) JONATHAN BAGROSKY
(4) SANDRA BELL (5) AARON LASHLEY (6) ANTONIO HAIRSTON
THE FOLLOWING JURORS ARE ACCEPTED AND SWORN TO TRY THE CAUSE:
(1) THEL EVANS (7) BRETT STAPLEY
(2) PAULINE WILLIAMS (8) SHERRILL DURBIN
(3) ALAN ANDERSON (9) MICHAEL WINTERSCHEIDT
(4) APRIL FITZGERALD (10) DAVID LOSACCO
(5) MELISSA WEBBER (11) HOWARD YEE
(6) CLINTON ZERBEY (12) BRUCE HANSEN
(13) BIBETH VALBUENA
OPENING STATEMENTS ARE MADE. FOUR WITNESSES SWORN. RULE NOT INVOKED.
REPORTER TAISHA IRONS. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEFENDANT DEMURS AND DEMURRER IS OVERRULED. DEFENDANT PRESENTS EVIDENCE AND RESTS. DEFENDANT RENEWS HIS DEMURRER AND THE DEMURRER IS OVERRULED. PLAINTIFF MOVES FOR DIRECTED VERDICT AND IS OVERRULED. BOTH SIDES REST.

THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND THE JURY RETIRES FOR DELIBERATION IN THE CUSTODY OF THE BAILIFF. THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT, WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE DO UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANT, JAMES EDWARD WEBSTER. WITNESSES SWORN: DAVID HISHAW, MARK PEERY, SAMI FRAMJE (VIDEO), JON JIMISON;

Plaintiff's Experts:

Defendant's Experts:

Comments: