Date: 08-15-2012

Case Style: Wynomia Mobley v. Peak Medical Oklahoma No. 5, Inc.

Case Number: CJ-2011-374

Judge: Daman H. Cantrell

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Terrill Corley, E. Terrill Corley & Associates, Tulsa, Oklahoma

Defendant's Attorney: Margaret Mary Clarke and Angela Leann Lloyd-Smoot, Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Tulsa, Oklahoma

Description: Tulsa Nursing Home Negligence Personal Injury Lawyer Terrill Corley represented Wynomia Mobley, Personal Representative of the Estate of John D. Mobley, deceased, on her suit against Peak Medical Oklahoma No. 5, Inc., Sunbridge Healthcare Corporation and Woodland View Care and Rehabilitation Center on medical negligence wrongful death theories.

Mrs. Mobley made the following allegations in the Petition filed on her behalf by E. Terrill Corley:

"1. Plaintiff, WYNOMIA MOBLEY, is the duly appointed and acting Personal Representative of the Estate of JOHN D. MOBLEY, Deceased.

2. Plaintiff is unable to ascertain with absolute certainty the correct entity or entities responsible for care of Plaintiff’s Decedent but it appears that one of the above-named Defendants is a responsible Defendant.

3. All of the negligent acts herein complained of occurred within Tulsa County.

4. On the 14th day of February, 2009, Decedent entered Woodland View Care and Rehabilitation Center as a resident and Defendant agreed to care for him.

5. Defendant’s care and treatment of the Decedent was negligent. As a result, he was seriously injured. Additionally, Defendant’s care and treatment of Decedent was reckless and with absolute disregard for the rights of the Plaintiff’s Decedent by failing to monitor him while knowing that he was confused. The last time Plaintiff’s decedent fell, he suffered a subdural hematoma which ultimately caused or contributed to his death.

6. Decedent died on December 5, 2009, at least partly as a result of the severe injuries sustained through the negligence of the Defendant.

WHEREFORE, premises considered, the Plaintiff, WYNOMIA MOBLEY, Personal Representative of the Estate of JOHN D. MOBLEY, Deceased, by and through her attorneys of record, prays for damages against the Defendant in an amount in excess of $10,000.00 (TEN THOUSAND DOLLARS) as compensatory damages, in an amount in excess of $10,000.00 (TEN THOUSAND DOLLARS) as punitive damages, and for such other and further relief, including attorneys fees and litigation costs, as the Court deems equitable and proper."

The defenses asserted by the defendants are not available.

Outcome: Settled and stayed pending payment beginning on March 15, 2013.

Plaintiff's Experts: S. Frances Scholl-Foster, Carrollton, Texas

Defendant's Experts:

Comments: