Date: 02-09-2013

Case Style: David James Miller v. Flintco Companies, Inc. d/b/a Flintco Constructive Solutions

Case Number: CJ-2011-249

Judge: Dana Kuehn

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Fred Stoops, Joel Lacourse, Karman Stoops and Bryan Smith

Defendant's Attorney: Keith Wilkes and Gregory Reilly

Description: David James Miller sued Flintco Companies, Inc. d/b/a Flintco Constructive Solutions and Oakridge Builders, Inc. on negligence theories claiming:

This action arises out of a premises liability that occurred on January 12, 2009 wherein Plaintiff was a supervisor for Mullin Plumbing, a subcontractor of Oakridge and Flintco on the construction of the Cancer Treatment Center located at 10109 E. 79th Street, Tulsa, Oklahoma. Plaintiff was reviewing the construction plumbing plans on the plumbing table on the first floor of the building when a 2x4 board was dropped on his head by two Oakridge employees from a scissor lift two stories high, which Plaintiff alleges caused physical harm to his neck, back and both knees.

Plaintiffs’ Contentions:

1. List All Theories of Recovery and the Applicable Statutes, Ordinances, and Common Law Rules Relied Upon.

a. Common Law Negligence;

b Statutory Negligence,

c. Res Ipsa Loquitur;

d. Vicarious Liability;

e. Agency Liability; and

f. Premises Liability.

2. List Damages or Relief Sought.

a. Monetary Damages for the following:

i. Past medical expenses;

ii. Future medical expenses;

iii. Past physical pain;

iv. Future physical pain;

v. Past mental suffering;

vi. Future mental suffering;

vii. Past lost earnings

viii. Future lost earnings;

ix. Loss of earning capacity;

x. Liability;

xi. Permanent injuries; and

xii. Physical impairment.

Defendants’ Contentions:

List All Theories of Defense and the Applicable Statutes, Ordinances, and Common Law Rules Relied Upon.

a. General denial.

b. Assumption of the Risk

c. Open and Obvious

d. Comparative Negligence

e. Pre-existing Injuries

f. Denial of damages

Outcome: KUEHN, DANA: CASE CALLED FOR JURY TRIAL ON JANUARY 22, 2013. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY FRED STOOPS, JOEL LACOURSE AND KARMAN STOOPS. BRIAN SMITH, REPRESENTATIVE FOR DEFENDANTS FLINTCO COMPANIES, INC. AND OAKRIDGE BUILDERS, INC. PRESENT AND REPRESENTED BY KEITH WILKES AND GREGORY REILLY.

THE JURORS ARE CALLED AND SWORN TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. THE JURORS ARE ACCEPTED FOR CAUSE.

OPENING STATEMENTS ARE MADE. NINE (9) WITNESSES SWORN. RULE WAS INVOKED. COURT REPORTER - DIANA CAVENAH. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEFENDANT DEMURS AND DEMURRER IS SUSTAINED AS TO NEGLIGENCE PER SE. PLAINTIFF MOVES TO DISMISS PREMISES LIABILITY AND COURT GRANTS REQUEST. DEFENDANT PRESENTS EVIDENCE AND RESTS. DEFENDANT RENEWS HIS DEMURRER AND THE DEMURRER IS OVERRULED. DEFENDANT MOVES TO DISMISS ASSUMPTION ON THE RISK COUNTERCLAIM; GRANTED BY THE COURT. BOTH SIDES REST.

THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND ON JANUARY 25, 2013, AT 5:10 P.M., THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. ON JANUARY 25, 2013, AT 6:55 P.M., 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, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF'S, DAVID MILLER, CONTRIBUTORY NEGLIGENCE 50%

2. DEFENDANTS, FLINTCO AND OAKRIDGE BUILDERS, INC., NEGLIGENCE 50%
(1 AND 2 MUST TOTAL 100%) TOTAL 100%

THE FOLLOWING SHALL BE ANSWERED ONLY IF THE PERCENTAGE OF PLAINTIFF'S, DAVID MILLER, CONTRIBUTORY NEGLIGENCE IS EQUAL TO OR OF LESSER PERCENTAGE THAN THE NEGLIGENCE OF THE DEFENDANTS, FLINTCO / OAKRIDGE BUILDERS, INC.

4.WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, DAVID MILLER, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF, DAVID MILLER, AND NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $420,128.02. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE. JURORS CONCURRING; SIGNED *********, FOREPERSON.”
(FROM WHITE VERDICT FORM)

JURY DISCHARGED.

Plaintiff's Experts: S. Porter Brownlee, Ralph S. Scott, Jr., Ph.D., Lon D. Huff, M.S., C.R.C., D.C.M.S.

Defendant's Experts: Dr. Sami Framjee

Comments: