Date: 04-13-2015

Case Style: Maria Nkana, Yawo Agble and Faizal Mamah v. Joerg Oehler

Case Number: CJ-2012-6309

Judge: Dana Kuehn

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Amber Peckio Garrett and Mitchell Garrett

Defendant's Attorney: Kurt Hoffman

Description: Tulsa, OK - Maria Nkana, Yawo Agble and Faizal Mamah sued Joerg Oehler on negligence theories claiming:

That P arntiffs, Rosemary Nkana, Yawo Agble and Faizal Mamah, a minor, by and
through his m ther Rosemary Mamah are a residents of Tulsa, Tulsa County, State of
Oklahoma Th t Defendant Joerg Oehler is a resident of Tulsa, Tulsa County, State of Oklahorna That the auto obile accident giving rise to this action occurred on April 30, 2010 near the
intersection o East 21st Street and South 107th East Avenue in Tulsa, Tulsa County, Oklahoma. Jurisdiction o’ this Court is thus just and proper.
FIRST CAUSE OF ACTION
1. On or bout April 30, 2012, the vehicle in which Plaintiff Maria Nkana was a driver and
Plainti Yawo Agble and Faizal Mamah, a minor, were also passengers was traveling turning eft onto East 21St Street at the intersection of South 107th Ease Ave. in Tulsa, Oklaho . Defendant Jeorg Oehler, who was also left onto East 21st Street behind the Plaintif s’ vehicle, failed to stay a safe and reasonable distance behind when he carelessly, reckles ly and negligently collided with the Plaintiffs’ vehicle.
2. As a di ect and proximate result of Defendant’s negligence, the Plaintiff Maria Nkana has suffere serious bodily injuries, has incurred and will continue to incur medical expenses, has endure and continues to endure both mental and physical pain and suffering, has lost the enjoym t of life, has lost wages, and has suffered further damages all of which will be more particul ly proven at trial and which entitle the Plaintiff to collect a sum in excess of $ 10,00 .00 from the Defendant Jeorg Oehler.
SECOND CAUSE OF ACTION
3. Plainti4s re-alleges and re-incorporates all allegations contained in Paragraphs 1-2.
4. As a drect and proximate result of Defendant’s negligence, the Plaintiff Yawo Agble sufferet serious bodily injuries, has incurred and will continue to incur medical expenses, has endur and continues to endure both mental and physical pain and suffering, has lost the enjoym nt of life, has lost wages, and has suffered further damages all of which will be more partic arly proven at trial and which entitle the Plaintiff to collect a sum in excess of $ 10,00 .00 from the Defendant Joerg Oehler.
THIRD CAUSE OF ACTION
5. Plainti s re-alleges and re-incorporates all allegations contained in Paragraphs 1-4.
6. That H a direct and proximate result of the Defendant’s negligence, the Faizal Mamah, a minor, uffered serious bodily injuries, endured and continues to endure both physical and
mental am and suffering, has lost wages, has lost the enjoyment of life, and has suffered further 49mages and his mother Rosemary Mamah incurred and continues to incur medical expens4, all of which will be more particularly proven at trial and entitle the Plaintiffs to recover um in excess of $10,000 from Defendant Joerg Oehler.

Docket
Date Code Description Count Party Amount
12-06-2012 TEXT

Civil relief more than $10,000 Initial Filing.
1
12-06-2012 NEGL

NEGLIGENCE (GENERAL)

12-06-2012 DMFE

DISPUTE MEDIATION FEE
$ 2.00
12-06-2012 PFE1

PETITION

Document Available (#1020244791)
$ 163.00
12-06-2012 PFE7

LAW LIBRARY FEE
$ 6.00
12-06-2012 OCISR

Oklahoma Court Information System Revolving Fund
$ 25.00
12-06-2012 CCADMIN02

Court Clerk Administrative Fee on $2 Collections
$ 0.20
12-06-2012 OCJC

Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
12-06-2012 OCASA

Oklahoma Court Appointed Special Advocates
$ 5.00
12-06-2012 CCADMIN04

Court Clerk Administrative Fee on Collections
$ 0.50
12-06-2012 LTF

Lengthy Trial Fund
$ 10.00
12-06-2012 SMF

Summons Fee (Clerks Fee)
$ 5.00
12-06-2012 SMIMA

Summons Issued - Mailed by Attorney

12-06-2012 TEXT

OCIS has automatically assigned Judge Kuehn, Dana to this case.

12-06-2012 ACCOUNT

Receipt # 2012-2490144 on 12/06/2012.
Payor:GARRETT LAW CENTER Total Amount Paid: $218.70.
Line Items:
CJ-2012-6309: $168.00 on AC01 Clerk Fees.
CJ-2012-6309: $6.00 on AC23 Law Library Fee.
CJ-2012-6309: $0.70 on AC31 Court Clerk Revolving Fund.
CJ-2012-6309: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2012-6309: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2012-6309: $2.00 on AC64 Dispute Mediation Fees.
CJ-2012-6309: $25.00 on AC79 OCIS Revolving Fund.
CJ-2012-6309: $10.00 on AC81 Lengthy Trial Fund.

08-01-2013 CTFREE

KUEHN, DANA: NOTICE OF IMPENDING DISMISSAL FOR FAILURE TO OBTAIN SERVICE WITHIN 180 DAYS ENTERED. PLAINTIFF TO FILE BY august 19, 2013 AN APPROPRIATE MOTION OR PLEADING TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED PURSUANT TO 12 OKLA. STAT. SECT. 2004(I). NOTICE MAILED TO: amber garrett.

08-05-2013 NOID

NOTICE OF IMPENDING DISMSSAL FOR FAILURE TO OBTAIN SERVICE WITHIN 180 DAYS / CERTIFICATE OF MAILING / TO AMBER PECKIO GARRETT

Document Available (#1022558472)

08-28-2013 MO

PLAINTIFFS' MOITON TO SERVE BY PUBLICATION / A TO J / CERTIFICATE OF SERVICE

Document Available (#1022711280)
NKANA, MARIA
08-28-2013 MO

PLAINTIFFS' MOTION TO EXTEND TIME FOR SERVICE / A TO J/ CERTIFICATE OF SERVICE

Document Available (#1022710362)
MAMAH, ROSEMARY
09-03-2013 CTFREE

KUEHN, DANA: Order entered granting pls 60 days to serve deft by publication.

09-03-2013 CTFREE

KUEHN, DANA: Order entered granting pls' motion to serve by publication.

09-12-2013 O

ORDER GRANTING PLTFS' MOTION TO EXTEND TIME FOR SERVICE

Document Available (#1022970090)

09-12-2013 NOPUB

NOTICE BY PUBLICATION / C TO LN

Document Available (#1022970211)

10-08-2013 PP

PROOF OF PUBLICATION (TBLN)

Document Available (#1023096043)

10-08-2013 PSCO

PUBLICATION FEES OWING

10-08-2013 S

CLERKS NOTE: THIS IS NOT AN INSTRUMENT - THIS IS TO SHOW SERVICE ON: JOERG OEHLER
OEHLER, JOERG
10-18-2013 OG

ORDER GRANTING pls' motion to serve by publication SIGNED ON 9-3-13 NOT PICKED UP. (FILED BY COURT CLERK - ATTORNEY FAILED TO RETRIEVE FROM JUDGE'S OUTBOX. NO COPIES MAILED TO COUNSEL.)

Document Available (#1019452168)

10-30-2013 REQ

DEFENDANTS REQUEST TO SET CASE FOR SCHEDULING CONFERENCE

Document Available (#1023334115)

10-30-2013 A

ANSWER OF DEFENDANT JOERG OEHLER (THRU ATTY KURT K HOFFMAN) ** COVER SHEET ATTACHED **

Document Available (#1023334119)

10-31-2013 #PSC

PUBLICATION SERVICE CHARGE (WITH POUNDAGE)
$ 170.28
10-31-2013 POUND

POUNDAGE
$ 1.72
10-31-2013 ACCOUNT

Receipt # 2013-2714391 on 10/31/2013.
Payor:GARRETT LAW CENTER PLLC Total Amount Paid: $172.00.
Line Items:
CJ-2012-6309: $1.72 on AC01 Clerk Fees.
CJ-2012-6309: $170.28 on AC40 Publication Payment.

10-31-2013 ACCOUNT

Requested voucher in amount of 170.28 to COMMUNITY PUBLISHERS INC from account AC40. Disbursement Number 8983172.

10-31-2013 DISBURSED

Voucher# 435915 printed to Community Publishers Inc, which includes $ 170.28 from this case for AC40 - Publication Payment. Total amount of voucher: $ 170.28.

11-04-2013 CTFREE

Kuehn, dana : case set for scheduling conference on 12-10-13 at 10:30 in courtroom 701.

11-06-2013 MO

PLTFS' MOTION TO SUBSTITUTE PARTY / CERTIFICATE OF SERVICE

Document Available (#1023444959)
NKANA, MARIA
11-07-2013 O

Order SETTING SCHEDULING CONFERENCE / FOR 12-10-13 / @ 10:30 AM IN ROOM 701

Document Available (#1023447123)

12-10-2013 CTFREE

Kuehn, dana: order entered granting plaintiff substitution of party.

12-10-2013 CTFREE

Kuehn, dana: scheduling conference on 12-10-13 is stricken. Agreed scheduling order to be submitted.

12-12-2013 CTFREE

Kuehn, dana: agreed scheduling order entered.

Pretrial conference set on 7-21-14 at 9:30 am, courtroom 701.

12-13-2013 SCHO

AGREED SCHEDULING ORDER (OF 12-12-13)

Document Available (#1023769212)

12-13-2013 O

ORDER GRANTING SUBSITUTION OF PART (FAIZAL MAMAH AS PLTF IN PLACE OF HIS PARENT & NEXT FRIEND ROSEMARY MAMAHA) / CERTIFICATE OF SERVICE

Document Available (#1023769216)

02-14-2014 WL

DEFENDANT'S WITNESS AND EXHIBIT LIST / CERTIFICATE OF SERVICE

Document Available (#1024247991)
OEHLER, JOERG
03-06-2014 MO

MOTION OF DEFT FOR DISCLOSURE OF PROTECTED HEALTH IN FORMATION GOVERNED BY HIPAA & BRIEF IN SUPPORT (A/J)

Document Available (#1024419491)
OEHLER, JOERG
04-10-2014 CTFREE

Kuehn, dana: minute order entered.

Now, on this 10th day of April, 2014, the Court has for consideration the Defendant's Motion for Disclosure of Protected Health Information Governed by HIPPA, filed March 6, 2014.

IT IS THEREFORE ORDERED by the Court that motion is granted. Deemed confessed.

Notice mailed by clerk to parties.

04-10-2014 O

MINUTE ORDER / AFD OF MAILING

Document Available (#1024840003)

04-23-2014 CTFREE

Kuehn, dana: order entered authorizing release of protected health information.

06-24-2014 CNOTE

Kuehn, dana: order authorizing release of protected health information signed on 4-23-14 not picked up. Filed by court clerk - attorney failed to retrieve from judge's outbox. No copies mailed to counsel.

06-24-2014 O

Order AUTHORIZING RELEASE OF PROTECTED HEALTH INFORMATION / SEE ABOVE ENTRY /

Document Available (#1026255372)

07-21-2014 CTFREE

KUEHN, dana: plaintiff represented by amber garrett; defendant represented by kurt hoffman. early settlement requirement is stricken by court. plaintiff is allowed to take defendant's deposition prior to pretrial conference. pretrial conference is passed to 9-30-14 at 10:00 am, over objection of defendant.

09-30-2014 CTFREE

KUEHN, dana: pltf represented by amber garrett; deft represented by kurt hoffman. pretrial order entered.

jury trial is set on 2-23-15 at 10:00 am, courtroom 701.

jury trial is set on 4-13-15 at 10:00 am, courtroom 701.

10-02-2014 PTO

PRE-TRIAL ORDER

Document Available (#1027201670)

10-02-2014 CRF

COURT REPORTER FEE-TRIAL ON MERITS
$ 20.00
10-02-2014 RJT

REQUEST FOR JURY TRIAL
$ 349.00
10-02-2014 ACCOUNT

Receipt # 2014-2944051 on 10/02/2014.
Payor:SCHROEDER & ASSOCIATES Total Amount Paid: $369.00.
Line Items:
CJ-2012-6309: $369.00 on AC01 Clerk Fees.

01-30-2015 NO

NOTICE OF CHANGE OF ADDRESS / C2CV

Document Available (#1028543502)

04-06-2015 TEXT

DEFENDANT'S PROPOSED JURY INSTRUCTIONS / A2J

Document Available (#1029177758)
OEHLER, JOERG
04-06-2015 MO

DEFENDANT'S MOTION IN LIMINE AND BRIEF IN SUPPORT

Document Available (#1029177742)
OEHLER, JOERG
04-10-2015 OBJ

PLAINTIFF'S OBJECTION TO DEFENDANT'S MOTION LIMINE AND MOTION TO STRIKE / A TO J / CERTIFICATE OF SERVICE

Document Available (#1029264742)
NKANA, MARIA
04-13-2015 CTFREE

KUEHN, DANA: Case called for Jury Trial on _4-13-15_. Both sides present in open court and announce ready for trial. Plaintiff present and represented by _Amber Pecko-Garrett_. Defendant present and represented by _Kurt Hoffman__.

The jurors are called and sworn to qualifications. The jury is impaneled and examined for cause. The jurors are accepted for cause.

PEREMPTORY CHALLENGES
Plaintiff: 3
Defendant: 3

The following juror(s) was excused for cause:____0____

The following jurors are accepted and sworn to try the cause: 12

Alternate __1

Opening statements are made. ___#3__ witnesses sworn. Rule was not invoked. Court reporter _Diana Pauley__. Plaintiff presents evidence and rests. Defendant demurs and demurrer is _overruled__. Defendant presents evidence and rests. Defendant renews his demurrer and the demurrer is _overruled__. Plaintiff Nkana waives Jury Trial. Plaintiff Nkana rested and Defendant demurs to Plaintiff Nkana case. Demur sustained. Both sides rest.

The jury is instructed as to the law. Closing arguments are made. The swearing of the bailiff is waived and on __4-13-15__, at _4:15__p.m., the jury retires for deliberation in custody of the bailiff. On __4-13-15__, at _4:47__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 the issues in favor of the _Defendant_, and fix the dollar amount of its damages in the sum of __0___. Jurors concurring; signed Foreperson.”

Jury discharged.

Witnesses sworn: 3

04-14-2015 TEXT

JURY TRIAL MINUTE

Document Available at Court Clerk's Office

04-14-2015 V

VERDICT FORM - DEFENDANT JOERG OEHLER ( SIGNED BY FOREPERSON)

Document Available at Court Clerk's Office

04-14-2015 TEXT

STATEMENT OF THE CASE

Document Available (#1029071225)

04-14-2015 V

VERDICT FORM (PLAINTIFF YAWO AGBLE) UNSIGNED

Document Available (#1029071221)

04-14-2015 V

VERDICT FORM (PLAINTIFF FAIZAL MAMAH) UNSIGNED

Document Available (#1029071217)

04-30-2015 CTFREE

Kuehn, dana: journal entry of judgment entered.

05-04-2015 JEJ

JOURNAL ENTRY OF JUDGMENT IN FAVOR OF THE DEF

Document Available (#1029445551)
OEHLER, JOERG
05-11-2015 MO

Motion TO TAX COSTS AND FEES / A TO J / CERTIFICATE OF SERVICE

Document Available (#1029616664)
OEHLER, JOERG
05-14-2015 MONT

Motion For New Trial

Document Available (#1029447302)
$ 33.00
05-14-2015 OCISR

Oklahoma Court Information System Revolving Fund
$ 25.00
05-14-2015 CCADMIN02

Court Clerk Administrative Fee on $2 Collections
$ 0.20
05-14-2015 OCJC

Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
05-14-2015 OCASA

Oklahoma Court Appointed Special Advocates
$ 5.00
05-14-2015 CCADMIN04

Court Clerk Administrative Fee on Collections
$ 0.50
05-14-2015 ACCOUNT

Receipt # 2015-3093539 on 05/14/2015.
Payor:GARRETT LAW Total Amount Paid: $65.70.
Line Items:
CJ-2012-6309: $33.00 on AC01 Clerk Fees.
CJ-2012-6309: $0.70 on AC31 Court Clerk Revolving Fund.
CJ-2012-6309: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2012-6309: $2.00 on AC59 Council on Judicial Complaints Revolving Fund.
CJ-2012-6309: $25.00 on AC79 OCIS Revolving Fund.

Outcome:

KUEHN, DANA: Case called for Jury Trial on _4-13-15_. Both sides present in open court and announce ready for trial. Plaintiff present and represented by _Amber Pecko-Garrett_. Defendant present and represented by _Kurt Hoffman__.

The jurors are called and sworn to qualifications. The jury is impaneled and examined for cause. The jurors are accepted for cause.

PEREMPTORY CHALLENGES
Plaintiff: 3
Defendant: 3

The following juror(s) was excused for cause:____0____

The following jurors are accepted and sworn to try the cause: 12

Alternate __1

Opening statements are made. ___#3__ witnesses sworn. Rule was not invoked. Court reporter _Diana Pauley__. Plaintiff presents evidence and rests. Defendant demurs and demurrer is _overruled__. Defendant presents evidence and rests. Defendant renews his demurrer and the demurrer is _overruled__. Plaintiff Nkana waives Jury Trial. Plaintiff Nkana rested and Defendant demurs to Plaintiff Nkana case. Demur sustained. Both sides rest.

The jury is instructed as to the law. Closing arguments are made. The swearing of the bailiff is waived and on __4-13-15__, at _4:15__p.m., the jury retires for deliberation in custody of the bailiff. On __4-13-15__, at _4:47__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 the issues in favor of the _Defendant_, and fix the dollar amount of its damages in the sum of __0___. Jurors concurring; signed Foreperson.”

Jury discharged.

Witnesses sworn: 3

Plaintiff's Experts:

Defendant's Experts:

Comments: