Date: 10-09-2012
Case Style: Michelle Lee Hampton Jones v. George C. Twilley
Case Number: CJ-2010-4229
Judge: Mary Fitzgerald
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Jimmie A. Franklin and Mark L. Miller
Defendant's Attorney: Jon D. Starr
Description: Michelle Lee Hampton Jones sued George C. Twilley and Laura Gaye Morrow on auto negligence theories claiming to have been injured and/or damaged in a car wreck caused by the defendants.
The parties to the above-styled cases were involved in a motor vehicle accident on August 14, 2009, at the intersection of Harvard an U.S. 64 (Broken Arrow Expressway) ramps in Tulsa County, Oklahoma.
Plaintiffs, Michelle Lee Hampton Jones and Kayla N. Keele contend this accident was the result of the comparative negligence of her driver, Laura Gaye Morrow, and George C. Twilley in the manner in which they operated their vehicles.
List Damages or Relief Sought by Michelle Lee Hampton Jones
a. Past medical expenses $17,014.65
b. Future medical expenses $16.83 a month for life
c. Physical pain and suffering
d. Mental pain and suffering
List Damages or Relief Sought by Kayla N. Keele
a. Past medical expenses $6,123.84
b. Lost wages $226.50
c. Physical pain and suffering
d. Mental pain and suffering
Plaintiff, George Twilley contends this accident was the result of the sole negligence of Laura Gay Morrow.
His damages or relief sought are:
a. Past medical expenses $4,140.94
b. Future medical expenses
c. Pain & Suffering: Past and Future
d. Property Loss: Not repairable $41,199.57
e. Other: Attorney Fees
List Damages or Relief Sought by Plaintiff, Nathan Dennie
a. Past medical expenses
b. Future medical expenses
c. Pain & Suffering: Past and Future
Defendants’ Contentions: List All Theories of Defense and the Applicable Statutes, Ordinances, and Common Law Rules Relied Upon.
Defendant George C. Twilley
a. The accident was solely caused by the negligence of Laura Morrow, the driver of Plaintiffs vehicle;
b. The accident was caused by the combined negligence of Laura Morrow and the Plaintiffs Keele and Jones and another non-party passenger in failing to warn her to stop driving in a negligent manner;
c. Denial of nature and extent of injuries claimed; d. Some of Plaintiffs physical and mental conditions maybe the result of pre-existing mental or physical conditions, which are not causally related to the accident;
e. All affirmative defenses available to Defendant Twilley under Oklahoma law based on factual evidence presented at the time of trial.
Defendant Laura Morrow
a. Accident was solely caused by the negligence of George C. Twilley
b. Contributory negligence of Plaintiffs;
c. Lack of causation; d. Denial of nature and extent of injuries and damages claimed by Plaintiffs;
e. Defendant pleads pre-existing condition or disease; and I Plaintiffs’ treatment was not necessary nor charges for same reasonable.
FITZGERALD, MARY: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PL PRESENT AND REPRESENTED BY MARK MILLER. DF PRESENT AND REPRESENTED BY SCOTT HJELM AND JON STARR FOR TWILLEY AND GENE ROBINSON FOR MORROW. THE JURORS ARE CALLED AND SWORN TO QUALIFICATIONS. THE JURY IS IMPANELLED AND EXAMINED FOR CAUSE. NO JURORS ARE EXCUSED FOR CAUSE. THE JURORS ARE ACCEPTED FOR CAUSE.
PEREMPTORY CHALLENGES
(TWILLY) 1) MARK MEARS, 2) OTIS MATTHEWS, 3) SANDRA TABIO (MORROW) 1) SHONDAY HARMON, 2) AMBER CUE, 3) MARSHA HEALD (OTHER PLS) 1) CARLTON COOK, 2) MARILYN FOOSHEE, 3) STEVEN FORSYTHE
THE FOLLOWING JURORS ARE ACCEPTED AND SWORN TO TRY THE CAUSE:
1) MARILYN MORTON, 2) CESILY BROWN, 3) REYDA CUBB, 4) JODI AMES, 5) GREGORY GONZALAZ, 6) TODD LOCKE, 7) LORETTA DENNY, 8) NICHOLE MARSH-RAY, 9) BARBARA HEY, 10) LIZETTE CERVANTES, 11)STEPHANIE GASKINS, 12) ELAINE ARD ALT: SHARON FAUST
OPENING STATEMENTS ARE MADE. 6 WITNESSES SWORN. RULE NOT INVOKED. REPORTER LISA FOSTER. PL PRESENTS EVIDENCE AND RESTS. DF DEMERS AND DEMURRER IS OVERRULED. DF PRESENTS EVIDENCE AND RESTS. PL TWILLY 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 AT 2:00PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 3:00 PM JURY RETURNES INTO OPEN COURT WITH THEIR VERDICT, WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS TO WIT: WE THE JURY, IMPANELLED AND SWORN IN THE ABOVE ENTITLED CAUSE DO UPON OUR OATHS FIND THE ISSUES FOR THE PL GEORGE TWILLEY. JURORS CONCURRING SIGNED GREGORY GONZALAZ FOREMAN. JURY DISCHARGED. WITNESSES SWORN:
1) GEORGE TWILLEY, 2) KRISTA LEWIS, 3) KAYLA KEELE, 4) NATHAN DENNIE, 5) LAURA MORROW, 6) CHRISTOPHER RALSTON
Outcome: Defendant's verdict.
Plaintiff's Experts:
Defendant's Experts:
Comments:
