Date: 03-17-2013

Case Style: Brenda Bryant v. Jonathan Patrick Gabel

Case Number: CJ-2011-2045

Judge: Mary Fitzgerald

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Nikolas Anthony Rankin

Defendant's Attorney: Mark Maguire

Description: Brenda Bryant sued Jonathan Patrick Gabel on an auto negligence theory claiming:

At issue is a motor vehicle collision that occurred at approximately 1:10 p.m. on November 25, 2009 at South Sheridan Road and East 41st Street in Tulsa, Oklahoma. At the time of the collision, the Plaintiff was driving her vehicle south on Sheridan Road when the Defendant attempted to make a left turn onto south Sheridan Road and collided with Plaintiffs vehicle.

a. What: Automobile accident

b. Where: South Sheridan Road and East 41st Street, Tulsa, Oklahoma

c. When: November 25, 2009

d. Who: Plaintiff and Defendant

Plaintiff contended:

Plaintiff contends that Defendant failed to operate his vehicle in a reasonably safe fashion, failed to maintain a proper look out, failed to yield the right of way when turning from a private drive and operated his vehicle in violation of Tulsa Municipal Code Title 37 § 636 A. Plaintiff further contends that she sustained permanent injuries and incurred medical expenses as a result of the subject collision.

a. Negligence Common Law

b. Negligence Per Se Tulsa Municipal Code
Title 37 § 636A

Plaintiff claimed to have incurred $17,690.05 in past medical expenses.

Defendant's contentions:

a. General denial.

b. Denial of negligence.

c. Denial of damages.

d. Contributory/comparative negligence of the Plaintiff.

e. Denial that Plaintiff’s alleged medical treatment and billings were reasonable or necessary or causally related as a result of this accident.

Court Trial Minute:

02-13-2013 CTFREE - 84502228 Feb 14 2013 8:45:27:757AM - $ 0.00
FITZGERALD, MARY: CASE CALLED FOR JURY TRIAL ON 2-11-2013 THROUGH 2-13-2013. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY NICHOLAS RANKIN. DEFENDANT PRESENT AND REPRESENTED BY MARK MCGUIRE.
THE JURORS ARE CALLED AND SWORN TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. THE JURORS ARE ACCEPTED FOR CAUSE.

PEREMPTORY CHALLENGES WERE MADE AND NO JURORS WERE EXCUSED FOR CAUSE.
12 JURORS WERE ACCEPTED AND SWORN TO TRY THE CASE.



FILE MINUTE:
PEREMPTORY CHALLENGES

PLAINTIFF: 3 JURORS
DEFENDANT: 3 JURORS


THE FOLLOWING JUROR WAS EXCUSED FOR CAUSE: NONE
THE FOLLOWING JURORS ARE ACCEPTED AND SWORN TO TRY THE CAUSE: 12
ALTERNATES: 1
OPENING STATEMENTS ARE MADE. 4 WITNESSES SWORN. RULE IS INVOKED. COURT REPORTER LISA FOSTER. PLAINTIFF PRESENTS EVIDENCE AND RESTS.
DEFENDANT MOVES FOR DEMURR AND IS OVERRULED
DEFENDANT PRESENTS EVIDENCE AND RESTS. DEFENDANT RENEWS DEMURR AND MOVES FOR DIRECTED VERDICT/ BOTH ARE OVERRULED. PLAINTIFF MOVES FOR DIRECTED VERDICT ON MEDICAL BILLS. COURT OVERRULES.

BOTH SIDES REST.



THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND ON 2-13-2013 AT 10:15PM, THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. ON 2-13-2013 AT 11:00 AM., THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT, WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS TO WIT:


VERDICT FORM

WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF PLAINTIFF CONTRIBUTORY NEGLIGENCE 55%, DEFENDANTS NEGLIGENCE IS 45% TO TOTAL 100%.


9 JURORS CONCURRING, SIGNED THE FOREPERSON. JURY DISCHARGED.



WITNESSES SWORN: 4


ALL PER JOURNAL ENTRY TO BE SUBMITTED BY PLAINTIFF'S ATTORNEY WITHIN THIRTY (30) DAYS.


Defendant objected to Plaintiffs General Statement of Facts as improper. Defendant would set forth the following General Statement of Facts:

Outcome: Judgment for Defendant.

Plaintiff's Experts:

Defendant's Experts:

Comments: