Date: 12-16-2012

Case Style: Joann Sands v. Joshua Capps

Case Number: CJ-2012-76

Judge: Barbara G. Swinton

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Thomas Steece

Defendant's Attorney: Bill Molinsky, Jr. and Naureen Hubbard

Description: Joann Sands, individually and as Mother and Next Friend of Johnnie Capps, sued Joshua Capps on an auto negligence theory claiming:

1. That the Plaintiffs are residents of Oklahoma County, State of Oklahoma and were on the date of the incident/collision.

2. That the Defendant, Joshua Capps is a resident of OkJahoma County, State of Oklahoma and was on the date of the incident/collision.

3. The incident giving rise to these causes of action occurred on the 23td day of December, 2011 in Oklahoma County, State of Oklahoma.

4. Plaintiff, Joann Sands, alleges damages to her motor vehicle of at leas.t Two Thousand Two Hundred Dollars ($2,200.00), exclusive of cost, interest and attorney fees. Plaintiffs, Joann Sands and Johnnie Sands, a minor, both allege bodily injuries x ith damages for each Plaintiff in excess of Seventy-Five Thousand D&lars ($75,000.00). This Cc’urt therefore has jurisdiction and venue over these cause(s) of action and the parties herein.

FIRST CAUSE OF ACTION

PROPERTY DAMAGE

COMES NOW, the Plaintiff. Joann Sands, and for her first cause of action against the Defendant, Capps, realleges and restates, in tow, all the above statements or allegations, and further alleges and states as follows:

5. That as a result of the collisions described above, Plaintiff’s vefficle is now not operational and/or otherwise inoperable. That as a result of Defendant’s negligent acts, conduct or omissions, Plaintiff has lost the use and enjoyment of her vehicle a 1999 Pontiac automobile.

6. The Plaintiffs damages sustained in the subject collision are due, in vhole or in part, to the acts and/or conduct and/or omissions of Defendant, Capps, and without any negligence on part of the Plaintiffs, contributing thereto, in one or more of the following particulars:

a. Operating a motor vehicle in a reckless manner;

b. Operation of a motor vehicle without devoting full time and attention;

c. Operation of a motor vehicle at an excess speed;

d. Failure to use the steering or braking mechanisms on a motor vehicle so as to avoid the subject collision;

e. Operation of a motor vehicle while under the influence of alcohol or drugs;

f. Following too closely; and/or

g. Failure to stop.

7. Plaintiff’s vehicle has sustained damage in an amount of at least Tw Thousand Two Hundred Dollars ($2,200.00). Plaintiff has realized loss of use and enjoyment ol her vehicle, and has incurred and/or will incur storage fee expenses for said vehicle.

WHEREFORE, the Plaintiff, Joann Sands, prays for judgment on her fint cause of action against the Defendant, Joshua Capps, individually for an award of damages of at least Two Thousand Two Hundred Dollars ($2,200.00), exclusive of cost, interest and attorney fees together with the awarding of lawful cost, interest and attorney fees and for ‘ther affirmative relief to which this Court deems just and proper.

SECOND CAUSE OF ACTION

BODILY INJURIES

COMES NOW the Plaintiffs, Joann Sands, Individually and as mother and next best friend of Johnnie Sands, a minor, and for their bodily injury claims, realleges and restates, in tow, the material allegations set forth above in this Petition, and further alleges and states:

8. Plaintiffs, and each of them, as a result of the acts andlor omissions and/or conduct of the Defendant, Capps, have sustained permanent, painful and pngressive bodily injuries; Plaintiffs, and each of them, have and will suffer from physical injuries and damages as a result of the subject collision; Plaintiffs, and each of them, have suffered and will suffer emotional pain and suffering due to the inju:ies as a result of the subject collision; Plaintiff, Joann Sands, has sustained and will sustain in the future loss of income and/or revenues as a result of the injuries and damages sustained in the subject collision; Plaintiffs, and each of them, have incurred and will incur reasonable and necessary medical care and treatment and related expense for same (past and future) for injuries and damages sustained in the ;ubject collision; Plaintiffs, and each of them, have sustained and will sustain loss of enjoyment of life as a result of injuries and damages sustained in the subject colli ‘don, all to their damage in a sum in excess of Seventy-five Thousand Dollars ($75,000.00) as to each Plaintiff, exclusive of costs and interest.

WUEREFORE, the Plaintiffs, and each of them, prays judgment on their Second Cause of Action for Bodily Injuries as against the Defendant, Joshua Capps, for an award of damages of at least Seventy-five Thousand Dollars ($75,000.00) actual damages, exclusive of costs and interest, together with the awarding of lawful costs and interest, and for other affirmative relief to which this Court deems just and propei. TIHIRD CAUSE OF ACTION

PUNITIVE DAMAGES

COMES NOW the Plaintiffs, Joann Sands, individually and as mother and next best friend of Johnnie Sands, a minor, and for their third cause of action for punitive damages, realleges and restates, in tom, the material allegations set forth above in this Petition, and further alleges and states:

9. That the acts and/or conduct and/or omissions of the Defendant, Capps, in operating his motor vehicle at the time of the collision in a state of intoxication (by alcohol or drugs) is grossly and recklessly negligent to such an extent that the Defendant, Capps, should be punished for causing the subject collision and Plaintiffs’ resulting injuries and damages. Therefore, based upon the above allegations, the Plai.tiffs are entitled and seek an award of punitive damages as against the Defendant, Caops, in this cause of action for a sum in excess of Seventy-five Thousand Dollars ($75,000.00) as to each Plaintiff, exclusive of costs and interest.

WHEREFORE, the Plaintiffs, and each of them, pray for judgment on trieir Third Cause of Action for punitive damages against the Defendant, Joshua Capps, individually, for an award of at least Seventy-five Thousand Dollars as punitive damages, eKclusive of costs and interest, together with the awarding of lawful costs and interest, and for other affirmative relief to which this Court deems just and proper.

Defendant appeared and answered as follows:

I. Defendant Capps admits the allegations contained in Plaintiffs Petition, Paragraphs 1,2 and 3.

2. Defendant Capps lacks sufficient information to admit or deny the allegations contained in Plaintiffs’ Petition, Paragraphs 4, 5, and 7.

3. Defendant Capps asserts his Fifth Amendment rights against self-incrimination in response to the allegations contained in Plaintiffs’ Petition, Paragraphs 6, 8 and 9. This Defendant lacks sufficient information to admit or deny whether the Plaintiffs’ were injured/damaged and therefore the same are denied.

AFFIRMATIVE DEFENSES

1. The Plaintiffs may not have been injured or injured as severely as alleged.

2. The Plaintiffs alleged injuries may not have been directly caused by Defendant’s alleged negligence.

3. Defendant reserves the right to amend his answer and/or add additional defenses as discovery continues in this matter.

Outcome: On this 2tl’ day of I$€,VA. 2012, this case comes on for hearing on the Joint Motion of the Plaintiffs and Defendant seeking Court Approval of the Settlement Agreement on behalf of Johnnie Sands, a minor. The Plaintiff Joann Sands, individually, and as parent of Johnnie Sands, a minor, appears in person and by their attorney of record Thomas J. Steece. Defendant Joshua Capps, appears by his attorney of record, Bill Molinsky of Molinsky Law Firm, P.C. The parties armounce that they have reached a compromise settlement of the Plaintiff’s claims against the Defendant and request the Court approve the settlement because Johnnie Sands is a minor.

Having considered the statements of counsel and the testimony of witnesses sworn in open court, as well as documentary evidence introduced in support of the joint motion, the Court makes the following findings.

1. The Court has jurisdiction over the person of Defendant Joshua Capps. Venue of this action is proper in this Court. The Court has jurisdiction to determine if the settlement agreement reached by the parties should be approved because Johnnie Sands is a minor.

2. Jobnnie Sands was born July 19, 1997. His parent and next friend is Plaintiff Joann Sands. Joann Sands is the proper party to bring this action as parent of his/her minor child Johnnie Sands.

3. On December23, 2011, at N. Meridian near NW 50th Street, Johnnie Sands, a minor, was injured in an automobile accident.

4. Plaintiff Joann Sands alleges that Johnnie Sands is entitled to recover damages from Defendant Joshua Capps by reason of the injuries he/she suffered on December 23, 2011. Plaintiff Joann Sands alleges that he/she is entitled to further damages he/she suffered by reason of the injuries sustained by his/her child, Johmiie Sands from Defendant Joshua Capps.

5. The Plaintiffs and Defendant Joshua Cappshave agreed to a compromise settlement of the Plaintiffs claims against Defendant Joshua Capps, as follows:

a. A payment of $13,375.00 to be made by Joshua Capps to Plaintiffs.

b. The foregoing payment will be made in exchange for a full and complete release of Defendant Joshua Capps.

c. Plaintiff Joann Sands, shall within 20 days of approval of this Court of the settlement agreement, satisfy all outstanding liens for services rendered by health care providers to Johnnie Sands for treatment of injuries suffered by himlher on December 23, 2011, secure from such health care providers promptly executed lien releases, file such releases with the appropriate governmental agencies, and furnish copies of such executed and filed releases to the attorney for the Defendant. In the event such liens are not satisfied by the Plaintiff Joann Sands and/or Johnnie Sands, and Defendant Joshua Capps is compelled to satisfy such liens, Plaintiff Joann Sands and/or Jobrinie Sands shall indemnify any payments made by or that they are required to be made in satisfaction by Defendant Joshua Capps.

6. In entering into these settlement agreement it is the intention of the Defendant Joshua Capps, to compromise doubtful or disputed claims of the Plaintiff against the Defendant.

7. The foregoing settlement agreement is fair, reasonable and in the best interest of the minor child Johnnie Sands.

8. The Court finds it is in the best interest of the minor, Johnnie Sands to authorize his parent and next friend, Joann Sands to execute a release for all claims of Johnnie Sands against the Defendant Joshua Capps and Joshua Capps arising out of or to arise out of the injuries suffered by Johnnie Sands on December 23, 2011 at N. Meridian near NW 50th Street, Oklahoma County, Oklahoma.

9. The monies to be received by the Plaintiff Joann Sands prior to the date Johnnie Sands attains the age of 18, shall be deposited into an account of Plaintiff, Joann Sands choosing in accord with 12 0.S. § 83.

10. The Plaintiff Joann Sands is authorized to execute a Release and settlement agreement on behalf of her minor child Johnnie Sands, releasing all claims ofJohnnie Sands which arise or may arise by reason of any injuries sustained by Johnnie Sands on December 23, 2011.

11. By approving the compromised settlement agreement reached by the parties, the Court does not make an finding of liability in favor of or against the Plaintiff or settling Defendant.

12. The Plaintiff Joann Sands shall, within 20 days of the entry of this Order, shall satisfy all outstanding liens for services rendered by health care providers to Johnnie Sands for treatment ofinjuries suffered by him/her on December23, 2011, secure from such health care providers promptly executed lien releases, file such release with the appropriate governmental agencies, and furnish copies of such executed and filed release to the attorney for the Defendant. In the event such liens are not satisfied by the Plaintiff Joann Sands and/or Johnnie Sands, then Defendant Joshua Capps is compelled to satisfy such liens, Plaintiff Joann Sands and/or Johnnie Sands shall indemnify Defendant Joshua Capps for any payments made by or that they are required to be made in satisfaction of such liens.

13. Upon entry of this Order, this Court shall retain jurisdiction for the purpose of considering any motion or application to enforce the terms of the settlement agreement. By this Order and to grant to deny any relief with respect to such settlement agreement that the Court may determine a party to the agreement is entitled to receive.

Plaintiff's Experts:

Defendant's Experts:

Comments: