Date: 03-12-2013

Case Style: Tyrone Simpkins v. Harold Trash

Case Number: CJ-2012-6087

Judge: Barbara C. Swinton

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Noble McIntyre, Jeremy Thurman and Elizabeth Larrick

Defendant's Attorney: Elizabeth Sark

Description: Tyrone Simpkins, individually and as parent and next friend of Shae Simpkins, a minor, Sierrah Simpkins, a minor, Tyre Simpkins, a minor, and Season Simpkins, individually and as parent and next friend of Shae Simpkins, a minor, Sierrah Simpkins, a minor, Tyre Simpkins, a minor, sued Harold Trash on negligence theories claiming;

I STATEMENT OF THE FACTS

1. Plaintiffs Tyrone Simpkins and Season Simpkins are residents of Guthrie, Logan County, Oklahoma.

2. Plaintiffs were involved in a motor vehicle collision on September 26, 2010 in Oklahoma City, Oklahoma County, Oklahoma.

3. Defendant Harold Thrash is a resident of Chandler, Lincoln County, Oklahoma.

II. JURISDICTION AND VENUE

4. Jurisdiction and venue is proper in that the damages resulting from the operation of a motor vehicle were sustained in Oklahoma County, Oklahoma.

III. CAUSE OF ACTION - NEGLIGENCE

Plaintiffs adopt and incorporate by reference the allegations contained in paragraphs 1-4 above and further urges the following:

5. On or about September 26, 2010, Plaintiff Tyrone Simpkins was driving westbound on Interstate 44 in Oklahoma City, Oklahoma County, Oklahoma with passengers Season Simpkins, Shae Simpkins, Sierrah Simpkins and Tyre Simpkins.

6. Plaintiff Tyrone Simpkins slowed his vehicle and came to complete stop due to traffic conditions.

7. At the same time, Defendant Harold Thrash was driving behind Plaintiffs and failed to stop and collided into the rear of Plaintiffs’ vehicle in Oklahoma County, Oklahoma.

8. Defendant Harold Thrash, in violation of applicable traffic laws 47 O.S. 11- 901(B), failed to devote his full attention to driving.

9. Upon information and belief, Defendant Harold Thrash pled guilty in the District Court of Oklahoma County, Oklahoma to violating 47 O.S. 11-901(B) and as such is negligence se for violation of the statute.

10. As a result of the negligence of Defendant Harold Thrash, Plaintiffs suffered injuries.

11. The accident was not a proximate result of any act or omission of Plaintiffs, but attributable wholly to the conduct of the Defendant Harold Thrash. The Defendant is jointly and severally liable for the injuries and damages sustained by Plaintiffs Tyrone Simpkins, Season Simpk.ins, Shae Simpkins, minor, Sierrah Simpkins, minor, and Tyre Simpkins, minor, as herein alleged.

12. The foregoing acts and/or omissions of Defendant, taken individually and/or jointly, were a direct and proximate cause of the damages sustained by Plaintiff Tyrone Simpkins, individually, These damages include, but are not limited to, the following:

severe physical pain and suffering, severe emotion distress, past and future medical and related expenses, loss of income and earning capacity.

13. The foregoing acts and/or omissions of Defendant, taken individually and/or jointly, were a direct and proximate cause of the damages sustained by Plaintiff Season Simpkins, individually. These damages include, but are not limited to, the following: severe physical pain and suffering, severe emotional distress, past and future medical and related expenses.

14. The foregoing acts and/or omissions of Defendant, taken individually and/or jointly, were a direct and proximate cause of the damages sustained by Plaintiffs Tyrone and Season Simpkins, as parents and next of friends of Shae Simpkins, minor. These damages include, but are not limited to, the following: severe physical pain and suffering, severe emotional distress, past and future medical and related expenses.

15. The foregoing acts and/or omissions of Defendant, taken individually and/or jointly, were a direct and proximate cause of the damages sustained by Plaintiffs Tyrone and Season Simpkins, as parents and next of friends of Sierrah Simpkins, minor. These damages include, but are not limited to, the following: severe physical pain and suffering, severe emotional distress, past and future medical and related expenses.

16. The foregoing acts and/or omissions of Defendant, taken individually and/or jointly, were a direct and proximate cause of the damages sustained by Plaintiffs Tyrone and Season Simpkins, as parents and next of friends of Tyre Simpkins, minor. These damages include, but are not limited to, the following: severe physical pain and suffering, severe emotional distress, past and ffiture medical and related expenses.

WHEREFORE, premises considered, Plaintiffs Tyrone Simpkins and Season Simpkins, Individually and as Parents and Next of Friends of Shae Simpkins, Sierrah Simpkins and Tyre Simpkins, minors, hereby prays for judgment against Defendant Harold Thrash in an amount in excess of the amount required for diversity jurisdiction pursuant to Section 1332 of Title 28 of the United States Code, together with attorney fees, costs and interest and such other damages as the Court deems appropriate.

Outcome: Settlement approved by the Court and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: