Date: 08-07-2012
Case Style: Brandi Nicole Thompson v. Tami Rene Herron
Case Number: CJ-2010-4844
Judge: Dana Kuehn
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Jack D. Crews, Tulsa, Oklahoma and Wilson White, Law Offices of Wilson T. White, Tulsa, Oklahoma
Defendant's Attorney: Whitney Mackey Eschenheimer, Steidley Neal, Tulsa, Oklahoma
Description: Brandi Nicole Thompson sued Tami Rene Herron on an auto negligence theory claiming to have been injured in a car wreck caused by Herron. Plaintiff and Defendant were involved in a motor vehicle accident in Broken Arrow on Elm Street on August 8, 2008 in Tulsa County, Oklahoma.
Defendant generally denied all of the allegations made by Plaintiff including damages.
JUDGE DANA LYNN KUEHN: JURY TRIAL 5-21-12 TO 5-23-12 CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY WILSON WHITE AND JACK CREWS DEFENDANT PRESENT AND REPRESENTED BY WHITNEY ESCHENHEIMER. THE JURORS ARE CALLED AND SWORN AS TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. BRENDA SLOAN AND CLARK DRIZ WERE EXCUSED FOR CAUSE. THE JURORS ARE ACCEPTED FOR CAUSE.
PEREMPTORY CHALLENGES: PLAINTIFF: (1) WILLIAM JONES, JR (2) GLORIA PETERSON (3) MARY ELIAS DEFENDANT: (1) JEFFREY DEBERNARDIS (2) JUSTIN DAVIS (3) DENISE FELTON WHITEURST
THE FOLLOWING JURORS ARE ACCEPTED AND SWORN TO TRY THE CAUSE:
(1) JAMIKKA WHITE (2) DANIEL ASHBAUGH (3) CLIFF ALLISON (4) BAILEY SAWYER (5) NIKKI HAMILTON (6) DONISHIA SWOOPES (7) CHERYL HITE (8) SHELLEY BROWN (9) JEFFREY CARPENTER (10) EARL STUTZMAN (11) RACHAEL WATERS (12) DALE GUSTAFSON
ALTERNATE MICHAEL JOHNSON
OPENING STATEMENTS ARE MADE. FOUR (4) WITNESSES SWORN. RULE WAS NOT INVOKED. REPORTER DANA RUSH PRESENT. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEFENDANT DEMURS AND DEMURRER IS OVERRULED. DEFENDANT PRESENTS EVIDENCE AND RESTS. DEFENDANT MOVES FOR DIRECTED VERDICT AND IT 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 ON 5-23-12 AT 10:50 A.M., THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 11:30 A.M., 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, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE DO UPON OUR OATHS FIND THE ISSUES IN FAVOR OR THE PLAINTIFF, BRANDI NICOLE THOMPSON, AND FIX THE DOLLAR AMOUNT OF HER DAMAGES IN THE SUM OF $4,000.00 SIGNED RACHAEL WATERS, FOREMAN AND TEN (10) JURORS.” JURY DISCHARGED.
WITNESSES SWORN:
(1) BRANDI THOMPSON (2) TAMI HERRON (3) DR. JORGE GONZALEZ (VIDEO) (4) DR. DAVID HANSEN (VIDEO)
Outcome: On May 21, 2012, this matter came on for jury trial before this honorable Court. Plaintiff, Brandi Thompson, represented by Wilson White and Jack Crews, and Defendant, Tami Rene Herron, represented by Whitney M. Eschenheimer. The jury of twelve panelists was empaneled and sworn. The parties presented opening statements, Plaintiff presented her case in chief calling her first witness and the Court adjourned. On May 22, 2012, Plaintiff completed her evidence and rested. Defendant moved for a demurrer to Plaintiffs evidence, which was denied over Defendant’s exception. Defendant presented her case in chief. The Court adjourned to recess until May 23, 2012.
On May 23, 2012, Defendant moved for a directed verdict, which was denied over Defendant’s objection. The Court finalized instructions and conducted an instruction conference with counsel. Thejury was instructed and charged and heard the closing arguments of counsel. The jury was further instructed and then ordered to deliberate. The jury returned a verdict: follows:
We, the jury, empaneled and sworn in the above entitled cause do upon our oath find in favor of the Plaintiff and fix her damage in the amount of $4,000 00
The verdict form was signed by the foreman, Rachel Waters with all but one juror concurring.
Judgment satisfied and released on July 14, 2012.
Plaintiff's Experts:
Defendant's Experts:
Comments:
