Date: 11-06-2013

Case Style: Yvette Tariah v. Theodore Layman, Jr.

Case Number: CJ-2012-3917

Judge: Carlos Chappelle

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Jessika Michelle Tate

Defendant's Attorney: Kurt K. Hoffman

Description: Yvette Tariah sued Theodore Layman, Jr. on an auto negligence theory claiming:

1. Plaintiffs, YVETTE TARIAH, (hereinafter sometimes referred to as “Plaintiff”), resides in Tulsa County, Oklahoma.

2. Defendant, THEADORE LAYMAN JR., (hereinafter sometimes referred to as “Defendant”), resides in Tulsa County, Oklahoma.

3. This Court has subject matter jurisdiction over this case pursuant to the Oklahoma Constitution, A. 7, Sec. 7.

4. The amount in controversy exceeds $1O,00LOO, exclusive of interests, costs, and attorneys fees.

FACTS

5. On or about August19, 2010, Plaintiff YVETTE TARIAI-I was traveling southbound on 33rd West Avenue in Tulsa, Oklahoma. She then proceeded to turn right onto West 5I Street. Defendant wrongfully made a left turn in front of the Plaintiff without yielding, causing the Plaintiffs vehicle to strike the Defendant’s vehicle.

6. That the direct and proximate cause of said collision was the negligence and want of care by said Defendant, THEADORE LAYMAN JR., resulting in damages to the Plaintiff as is hereinafter set below.

COUNT I

Auto Negligence

7. Plaintiff YVETTE TARIAH realleges and restates each and every material allegation as contained in the facts common to all counts, and alleges and states in addition thereto as follows to-wit:

8. That as the direct and proximate result of the aforesaid negligence of the aforesaid Defendant, Plaintiff sustained painful injuries that required medical care and treatment, pain and suffering, loss of wages, out of pocket expenses, and other damages that Plaintiff has been damaged in excess of $10,001.00, for interest thereon, for costs herein expended, and such other and further relief as the Court deems equitable and just.

WHEREFORE, premises considered, Plaintiff demands a Jury Trial, prays for judgment against the Defendant on Count I in excess of $10,001.00, for interest thereon, and for costs herein expended, and such other and further relief as the Court deems equitable and just.

Defendant Theodore Layman appeared and answered as follows:

1.

It is admitted that a collision occurred between the Plaintiff, YVETTE TARIAH, and the Defendant, THEADORE LAYMAN, JR., ON August 19, 2010 as set forth Plaintiff’s Petition. However, this Defendant is without sufficient information to either admit or deny the remaining facts and allegations set forth in Plaintiffs Petition and thus denies same.

2.

This Defendant denies generally and specifically each and every material allegation contained in the Petition of the Plaintiff except that which may be heretofore admitted. Defendant readopts and re-alleges the statements previously made herein.

AVOIDANCES AND/OR AFFIRMATIVE DEFENSES

3.

For further answer and defense, this Defendant states that if he was guilty of negligence, that the Plaintiff, YVETTE TARIAH, may be guilty of comparative negligence to such an extent as to bar her recovery under Oklahoma law of comparative negligence.

4.

For further answer and defense, should the Defendant be found negligent, this Defendant states that his negligence was not the direct cause of Plaintiff’s alleged injuries and damage.

5.

For further answer and defense, this Defendant would state the Plaintiff failed to use ordinary care with due regard to the existing conditions to prevent injury to herself.

6.

For further answer and defense, this Defendant would state the Plaintiff failed to keep a proper lookout.

7.

For further answer and defense, the Defendant would state that no recovery of damages should be allowed for any losses that the Plaintiff reasonably could have avoided and failed to do so.

8.

For further answer and defense, this Defendant states that the injuries complained of in Plaintiffs Petition may be the result of preexisting health problems that were neither caused nor aggravated by this Defendant and for which this Defendant is not liable.

9.

For fUrther answer and defense, this Defendant would state that the injuries complained of in Plaintiff’s Petition may be the result of health care problems which developed subsequent to the date of the alleged accident, which were neither caused nor aggravated by this Defendant and for which this Defendant is not liable.

10.

For further answer and defense, this Defendant would state that the Plaintiff may have assumed the risk of injury resulting from the negligence of this Defendant, if any, by voluntarily and unreasonably exposing herself to injury with the knowledge and appreciation of the danger and risk involved.

11.

For further answer and defense, this Defendant reserves the right to plead additional affirmative defenses and amend his Answer upon the completion of discovery.

WHEREFORE, premises considered, Defendant, THEADORE LAYMAN, JR., prays for judgment in his favor and against the Plaintiff, together with his costs of this action and such other and further relief as the Court deems is just and equitable.

JURY TRIAL DEMANDED

Outcome: 11-06-2013 DISPJE 1 LAYMAN, THEADORE JR 87415323 Nov 8 2013 11:36:27:287AM - $ 0.00 CIVIL

CASE NUMBER - CJ-2012-3917 JUDGE CARLOS J. CHAPPELLE DATE - NOVEMBER 8, 2013 YVETTE TARIAH V. THEODORE LAYMAN JR

CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL - PLAINTIFF PRESENT AND REPRESENTED BY ALEXANDER MASTERS. DEFENDANT PRESENT AND REPRESENTED BY KURT HOFFMAN. THE JURORS ARE CALLED AND SWORN TO QUALIFICATIONS. THE JURY IS EMPANELED AND EXAMINED FOR CAUSE. THE JURORS ARE ACCEPTED FOR CAUSE.

PEREMPTORY CHALLENGES

JURORS:

THE FOLLOWING JURORS ARE ACCEPTED AND SWORN TO TRY THE CAUSE:

OPENING STATEMENTS ARE MADE. THREE WITNESSES SWORN. RULE WAS INVOKED.

COURT REPORTER TAISHA IRONS. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEFENDANT PRESENTS EVIDENCE AND RESTS. DEFENDANT 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 THE JURY RETIRES FOR DELIBERATION IN THE CUSTODY OF THE BAILIFF. 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, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE DO UPON OUR OATHS, FIND AS FOLLOWS:

1. PLAINTIFF YVETTE TARIAH'S NEGLIGENCE - 50%;

2. DEFENDANT THEADORE LAYMAN JR'S - 50%; THE FOLLOWING SHALL BE ANSWERED ONLY IF THE PERCENTAGE OF PLAINTIFF'S NEGLIGENCE IS EQUAL TO OR OF LESSER PERCENTAGE THAN THE NEGLIGENCE OF THE DEFENDANT.

3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF THE PLAINTIFF OR NEGLIGENCE OF THE DEFENDANTS, IS THE SUM OF $ 0. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE PERCENTAGE ESTABLISHED IN ITEM 1 ABOVE.

Plaintiff's Experts:

Defendant's Experts:

Comments: