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Date: 03-03-2013

Case Style: Stephanie Christie v. Jonathan Espinosa

Case Number: CJ-2012-508

Judge: Lori Walkley

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Jerry W. Foshee, Terry M. McKeever and M. Blake Fooshee

Defendant's Attorney: Wesley G. Smith

Description: Stephanie Christie, individually and as next friend of Jett Christie, a minor, and Taylor Christie sued Jonathan Espinosa and Earl Sawatzky on auto negligence theories claiming:

1. On or about April 21, 2010, at or near N.E. 12th and Nail Parkway, City of Moore, Cleveland County, State of Oklahoma, Defendant, Jonathan Espinosa, negligently drove a motor vehicle causing a collision with a vehicle operated by Plaintiff, Stephanie Christie.

2. That Defendant, Jonathan Espinosa, was operating his vehicle in the northbound lane of Nail Parkway.

3. That Plaintiff, Stephanie Christie, was operating her vehicle westbound in the right-hand lane of N.E. 12th St.

4. That at or near the intersection of N.E. 12th St. and Nail Parkway, Plaintiff, Jonathan Espinosa wrongfully, carelessly and negligently failed to yield from a stop sign and struck the rear driver side of Plaintiff’s vehicle.

5. That at all relevant times mentioned herein, Plaintiff, Stephanie Christie, operated her motor vehicle properly and lawfully.

SECOND CAUSE OF ACTION: NEGLIGENT ENTRUSTMENT

For their second cause of action, Plaintiffs re-allege and incorporate by reference the foregoing paragraphs and states:

6. That at all material times mentioned herein the Defendant, Jonathan Espinosa, was operating Defendant’s, Earl Sawatzky, vehicle with Defendant’s flail knowledge, consent and permission.

7. That Defendant, Earl Sawatzky, negligently entrusted a vehicle to Defendant Jonathan Espinosa.

8. That Defendant, Earl Sawatzky, knew or should have known that the Defendant Jonathan Espinosa was a careless, and negligent driver, and the Defendant was negligent in entrusting a vehicle to Defendant Jonathan Espinosa and such negligence caused and/or contributed to the cause of the accident.

THIRD CAUSE OF ACTION: PUNITIVE DAMAGES

For their third cause of action, Plaintiffs re-alleges and incorporate by reference the foregoing paragraphs and state:

9. That Defendant Jonathan Espinosa partook of iuhstanees prior to the collision.

10. That Defendant Jonathan Espinosa drove the vehicle in violation of 47 0.5. § 11-902(a) which provides in part: “It is unlawful and punishable as provided in this section for any person to drive, operate, or be in actual physical control of a motor vehicle within this state, whether upon public roads, highways, streets, turnpikes, other public places or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings, who... (3) Is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle.”

11. That Defendant Jonathan Espinosa acted with willful disregard and extreme recklessness by operating a vehicle under the influence of an intoxicating substance.

12. That Defendant’s, Jonathan Espinosa, actions were of such an egregious nature as to rise to the level of willful and wanton in nature thereby entitling Plaintiff Stephanie Christie, individually and as next friend of minors Jett Christie and Taylor Christie, to Punitive Damages in an amount that will serve not oniy as a deterrent for this Defendant, but also as a deterrent to others that act with such a reckless disregard.

13. That as a direct and proximate result of the negligence of the Defendants, Jonathan Espinosa and Earl Sawatzky, Plaintiffs, Stephanie Christie, Jett Christie and Taylor Christie, have sustained serious bodily injuries; have sustained aggravation of all pre-existing injuries; have incurred and will incur future medical expenses, have incurred and will occur future loss of wages; have suffered tremendous mental pain and suffering and have incurred property damages, all in an amount in excess of $75,000.00.

14. Pursuant to the provisions of 12 OS. §3226(B)(2). Plaintiffs submit this preliminary computation of damages sought in this lawsuit. As this is an action for injuries suffered by an adult, and her two minor children. Plaintiff advises that all damages recoverable by law are sought, including those listed in OIJI 4.1. Under item (j), Plaintiff Stephanie Christie’s medical hills incurred to date are approximately $5,435.32. Plaintiff .lett Christie’s medical bills incurred to date are approximately $1,115.00. Plaintiff Taylor Christie’s medical bills incurred to date are approximately $1,475.00 At this point, Plaintiffs do not know the amount of future medical expenses, if any. These items are among the elements for the jury to consider fixing the amount of damages to award to Plaintiffs. Other than the amounts which Plaintiffs have specifically identified, and which are capable of being ascertained to some degree of certainty, Plaintiffs are unable to guess or speculate as to what amount of damages a jury might aware The elements for the jury to consider in this case include the following:

a. Plaintiffs’ physical pain and suffering, past and future:

b. Plaintiffs’ mental pain and suffering, past and future:

c. Plaintiffs’ age;

d. Plaintiffs’ physical condition immediately before and after the accident;

e. The nature and extent of Plaintiffs’ injuries;

f Whether the injuries are permanent;

g. The physical impairment;

h. The disfigurement;

i. Loss of earnings;

j. The reasonable expenses of the necessary medical care, treatment, and services, past and future.

WHEREFORE. the Plaintiffs, Stephanie Christie, Jell Christie (a minor) and Taylor Christie (a minor), pray for judgment against the Defendant, Jonathan Espinosa, for damages in an amount in excess of $75,000.00, plus interest, attorney fees, costs and all such other and fUrther relief for which the Plaintiff may he entitled.

The Defendants appeared and answered as follows:

1.

The Defendants admit an automobile accident occurred on April 21, 2010, in Cleveland County as alleged in Paragraph 1 of Plaintiffs’ Petition. The Defendants are without sufficient information andlor knowledge to admit or deny the remaining allegations contained in Paragraph 1 of Plaintiffs’ Petition and demand strict proof thereof.

2.

The Defendants are without sufficient information andJor knowledge to admit or deny the allegations contained in Paragraph 2 of Plaintiffs’ Petition and demand strict proof thereof.

3.

The Defendants admit those allegations and claims contained in Paragraph 3 of Plaintiffs’ Petition.

4.

The Defendants are without sufficient information andlor knowledge to admit or deny the allegations contained in Paragraphs 4 and 5 of Plaintiffs’ Petition and demand strict proof thereof.

5.

The Defendants are without sufficient information and/or knowledge to admit or deny the allegations contained in Paragraph 6 of Plaintiffs’ Petition and demand strict proof thereof.

6.

The Defendants specifically deny those allegations and claims contained in Paragraphs 7 and 8 of Plaintiffs’ Petition and demands strict proof thereof.

7.

The Defendants are without sufficient information and/or knowledge to admit or deny the allegations contained in Paragraphs 9 and 10 of Plaintiffs’ Petition and demand strict proof thereof.

8.

The Defendants deny those allegations and claims contained in Paragraphs 11 and 12 of Plaintiffs’ Petition and demands strict proof thereof.

9.

The Defendants are without sufficient information and/or knowledge to admit or deny the allegations contained in Paragraphs 13 and 14 of Plaintiffs’ Petition and demand strict proof thereof.

AFFIRMATIVE DEFENSES

COME NOW Defendants, JONATHAN ESPINOSA AND EARL SAWATZKY, and state the following affirmative defenses to the Petition filed by Plaintiffs herein:

10.

The Petition fails to state a claim against Defendants upon which relief can be granted.

11.

The Plaintiffs may have been negligent, and such negligence on the part of Plaintiffs proximately may have caused or contributed to the accident and Plaintiffs’ damage, if any, and such negligence on the part of the Plaintiffs may have been greater than the negligence of the Defendants and Plaintiffs are therefore not entitled to recover.

12.

The Defendants may have been confronted with a sudden emergency not brought about by their own negligence, and in reacting to that emergency, the Defendants acted as a reasonable and prudent person would have acted under such circumstances.

13.

The accident may have been an unavoidable accident, casualty and misfortune that occurred without negligence on the part of the Defendants.

14.

The accident may have been proximately caused by the negligence of a third party over whom these Defendants had no control, and for those acts this Defendants are not responsible.

15.

Whether the Plaintiffs suffer from any pre-existing or post-arising medical condition will be developed during discovery and Defendants herein reserves all defenses in that regard.

16.

Whether the Plaintiffs have acted to mitigate their damages will be developed during discovery and Defendants herein reserve all defenses in that regard.

17.

The Defendants reserve the right to add additional affirmative defenses as discovery continues.

WHEREFORE, having fully answered, Defendants pray that Plaintiffs take nothing by way of their Petition herein and that Defendants be dismissed with costs and attorney fees and any other relief this Court may deem equitable and just.

Outcome: 1. The Court having reviewed the file and having heard testimony of witnesses sworn and having been fully apprised of the facts, finds that the settlement amount of EIGHT THOUSAND NiNETY-FIVE AND 00/100 DOLLARS ($8,095.00) to be paid on behalf of the minor child, Jett Christie, is fair and reasonable and in the best interest of the minor child, and that Jonathan Espinosa, individually and Earl Sawatzky, individually should be released from further liability arising out of the events alleged in the above styled matter.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the settlement amount of EIGHT THOUSAND NINETY-FIVE AND 00/100 DOLLARS ($8,095.00) on behalf of the minor child, Jeff Christie, is hereby approved, and Jonathan Espinosa, individually and Earl Sawatzky, individually are released from further liability to Jeff Christie for any cause of action arising out of this accident.

ORDER FOR DEPOSIT OF SETTLEMENT PROCEEDS

Pursuant to 12 O.S. §83, the Court orders:

2. Check or draft in the sum of $3,427.08, for the benefit of the minor Plaintiff Jett Christie shall be deposited in a trust account for the benefit of the minor child at Mid First Bank.

3. Immediate payment is hereby authorized in the amount of $570.00, payable to Bodin Chiropractic, for payment of medical expenses incurred on behalf of the minor, Jeff Christie.

4. Immediate payment is hereby authorized in the amount of $1,235.00, payable to Chiropractic Arts Center of Moore, for payment of medical expenses incurred on behalf of the minor, Jeff Christie.

5. Immediate payment is hereby authorized in the amount of $157.59 payable to Blue Cross Blue Shield for payment of subrogation on behalf of the minor Jeff Christie.

6. Immediate payment is hereby authorized in the amount of $2,705.33, payable to Jerry W. Foshee, attorney for Plaintiff, as and for payment of attorney’s fees and expenses incurred on behalf of the minor, Jeff Christie.

7. The balance of the monies deposited in the amount of $3,427.08, shall only be withdrawn from said depository by order of the Court authorizing the withdrawal or upon the said minor child attaining eighteen years of age.

8. It is directed that Plaintiff Stephanie Christie, shall have the responsibility of delivering a copy of this Order to the above-designated depository at the time the deposit is made.

9. This case is hereby transferred to the Probate Division of the District Court of Cleveland

County for supervision purposes.

Plaintiff's Experts:

Defendant's Experts:

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