Date: 10-08-2012
Case Style: Estate of Melissa Lynne Eubanks v. Joshua Paul Nosak
Case Number: CJ-2010-3170
Judge: Rebecca B. Nightingale
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Daniel B. Graves, Rachel E. Gusman and Nikolas Anthony Rankin
Defendant's Attorney: James L. Gibbs and Robert Todd Goolsby for American Legion Post 1 of Oklahoma
Michael J. Masterson and Alberto Franco for Holderness Empire, Inc., Geraldine M. Holderness and Kyla Holderness
Nathan Edward Clark and Rachel M. Lee for Veterans of Foreign Wars of the U.S.
Description: Estate of Melissa Lynne Eubanks v. Joshua Paul Nosak, Kyla Holderness, Geraldine M. Holderness Sutton, Holderness Empire, Inc. d/b/a Empire Bar and American Legion Post 1 of Oklahoma on negligence, negligent entrustment, wrongful death, and dramshop liability theories.
On the evening of May 6, 2010 and into the early morning of May 7, 2010, Defendant Joshua Nosak (“Nosak”) was served alcoholic beverages by agent/employees of Defendants the VFW, American Legion and Empire Bar. At approximately 2:15 a.m. on May 7, 2010, Defendant Nosak ran a red light in Defendant Troy Taylor’s (“Taylor”) vehicle, crashed into the driver’s side of Melissa Eubanks’ vehicle, and caused her death.
Plaintiffs claim that throughout the evening of May 6, 2010 and into the early morning of May 7, 2010, employees/agents of Defendants American Legion and Empire Bar knowingly served Defendant Nosak alcoholic beverages when he was intoxicated at their premises and facilitated his departure in that condition. Plaintiffs contend that Defendants Taylor, American Legion and Empire Bar knew or should have known Defendant Nosak was under the influence, not qualified to drive a vehicle, and would drive in an unsafe and reckless manner that could result in the death of others. Plaintiffs claim that at approximately 2:15 a.m. on May 7, 2010, at the intersection of East 6th Street and South Peoria Ave., Defendant Nosak, driving Defendant Taylor’s vehicle, ran a red light crashing into the driver’s side of Melissa Eubanks’ vehicle. Plaintiffs claim that as a result of Defendants Nosak’s, Taylor’s, American Legion’s and Empire Bar’s negligent acts, and reckless and wanton conduct, Melissa Eubanks sustained injuries resulting in her death and that the Plaintiffs and the statutory claimants have suffered and continue to suffer damages.
Plaintiff claimed $6,249 in medical expenses, $11,237 in burial expenses and $243,510 in monetary loss as a result of Eubank's death.
Outcome: A compromise agreement has been reached wherein the Defendant The American Legion, Post 1 of Oklahoma, a/k/a Carson-Wilson-Rigney-Forrester has offered and the Plaintiffs have accepted Four Hundred Thousand and 00/100 Dollars ($400,000.00) in satisfaction of any and all claims pursued against this Defendant. This Defendant disputes any claim of liability on its part, and Defendant’s payment of money to settle this lawsuit is not to be construed as an admission of liability on the part of Defendant.
A compromise agreement has also been reached wherein the Defendants Kyla Holdemess, Geraldine M. Holderness Sutton, Holdemess Empire, Inc., d/b/a Empire Bar, an Oklahoma Corporation (“Empire Group”) have offered and the Plaintiffs have accepted Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in satisfaction of any and all claims pursued against these Defendants. The parties have agreed to an extended payment of the settlement amount in sixty (60) equal monthly installments of $1,250.00. The parties have further agreed to secure the payout with a Seventy-Five Thousand and 00/100 Dollars ($75,000.00) judgment, inclusive ofpre-judgment and post-judgment interest, both inpersonam and in rem covering Empire Group and the property up on the Empire Bar sits. These Defendants disputes any claim of liability on its part, and Defendants’ payment of money to settle this lawsuit is not to be construed as an admission of liability on the part of Defendant.
Plaintiff's Experts: Jarrad Wagner, Ph.D., toxicologist
Defendant's Experts:
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