Date: 04-13-2015

Case Style: Shelly Plant v. Christy Reno

Case Number: CJ-2013-1082

Judge: Tom A. Lucas

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Jeff Laird

Defendant's Attorney: Bill Molinsky

Description: Norman, OK - Shelly Plant sued Christy Reno on an auto negligence theory claiming:

THE PARTIES
1. Plaintiff was a citizen and resident of Cleveland County, Oklahoma at the time of the incident hereinafter described.
2. Defendant was a citizen and resident of Cleveland County, Oklahoma at the time of the incident hereinafter described.
JURISDICTION AND VENUE
3. This is an action arising from a motor vehicle collision that occurred in Cleveland County, Oklahoma, when Defendant was negligent in causing the collision that is the subject of this action.
4. This Court has jurisdiction over the parties hereto, jurisdiction of the subject matter hereof, and venue is proper.
THE CAUSE OF ACTION
5. On March 8, 2012, a motor vehicle collision occurred when Christy Reno negligently drove her vehicle into and collided with the Plaintiffs vehicle.
6. The collision occurred at 48th Ave. NW near W. Franklin Rd. in Norman, Oklahoma.
7. Shelley Plant was traveling southbound on 48th Ave. NW when Christy Reno, who was headed westbound, suddenly drove in front of Plaintiffs vehicle causing the collision. Plaintiff had no traffic signal or stop sign.
8. The significant impact from the collision hurt Shelley Plant and caused the injuries and
damages to Plaintiff that are described below.
9. At all times Shelley Plant was acting in a safe and prudent manner.
DUTIES OWED BYJASONYOUSIF
10. Christy Reno was required to follow the traffic safety rule of keeping a proper lookout for the safety of Shelley Plant and others, both before and at the time of the collision.
11. Christy Reno was required to follow the traffic safety rule of obeying a traffic stop sign for the safety of Shelley Plant and other, both before and at the time of the collision.
12. Christy Reno was required to follow the traffic safety rule of keeping her vehicle under proper control for the safety of Shelley Plant and others, both before and at the time of the collision.
13. Christy Reno was required to follow the traffic safety rule of not driving her vehicle in such a manner as to indicate wanton disregard for the safety of Shelley Plant and others, both before and at the time of the collision.
14. Christy Reno was required to follow the traffic safety rule of using ordinary care for the safety of Shelley Plant and others, both before and at the time of the collision.
15. Christy Reno was not allowed to needlessly endanger Shelley Plant or anyone else by violating one or more of the traffic safety rules listed above.
DUTIES VIOLATED BY CHRISTY RENO
16. At the time of the collision, Christy Reno violated the duty to follow the safety rule of keeping a proper lookout, which needlessly endangered the safety of Shelley Plant and others.
17. At the time of the collision, Christy Reno violated the duty to follow the safety rule of obeying a traffic stop sign, which needlessly endangered the safety of Shelley Plant and others.
18. At the time of the collision, Christy Reno violated the duty to follow the safety rule of keeping her vehicle under proper control, which needlessly endangered the safety of Shelley Plant and others.
19. At the time of the collision, Christy Reno violated the duty to follow the safety rule of not driving her vehicle in such a mauner as to indicate a wanton disregard for the safety Shelley Plant and others.
20. At the time of the collision, Christy Reno violated the duty to follow the safety rule of using ordinary care, which needlessly endangered the safety of Shelley Plant and others.
21. At the time of the collision, Christy Reno needlessly endangered Shelley Plant and others by failing to follow one or more of the traffic safety rules listed above.
CAUSATION OF PLAINTIFF’S INJURIES AND DAMAGES
22. The injuries and damages sustained by the Plaintiff, more particularly described below, were produced in a natural and continuous sequence from Christy Reno’s violation of one or more of the above described independent duties of ordinary care for the safety of Shelley Plant.
23. The injuries and damages sustained by Plaintiff was a probable consequence from Christy Reno’s violation of one or more of the above described independent duties of ordinary care for the safety of Shelley Plant.
24. Christy Reno should have foreseen and anticipated that a violation of one or more of the above described independent duties to use ordinary care would constitute an appreciable risk of harm to others, including Shelley Plant.
25. If Christy Reno had not violated one or more of the above described independent duties to use ordinary care for the safety of Shelley Plant, then the Plaintiff’s injuries and damages would not have occurred.
COMPENSATORY DAMAGES SUSTAINED BY PLAINTIFF
26. The injuries and damages sustained by the Plaintiff is a result of Christy Reno’s violations of one or more of the above described safety rules, include but are not limited to the following:
Pursuant to the provisions of 12 O.S. 3226(A)(2)(a), Plaintiff submits this preliminary computation of damages sought in this lawsuit. As this is an action for injuries suffered by an adult and a minor, Plaintiff advises that all damages recoverable by law are sought, including those listed in OUJI3d 4.1. Under item (K), Plaintiff Shelley Plant’s medical totals $34,325.00. At this point, Plaintiff does not know the amount of future medical expense. These items are among the elements for the jury to consider in fixing the amount of damages to award to Plaintiff. Other than the amounts which Plaintiff has specifically identified, and which are capable of being ascertained to some degree of certainty, Plaintiff is unable to guess or speculate as to what amount of damages a jury might award. The elements for the jury to consider include the following:
A. Plaintiff’s physical pain and suffering, past and future;
B. Plaintiff’s mental pain and suffering, past and future;
C. Plaintiff’s age;
D. Plaintiff’s physical condition immediately before and after the accident;
E. The nature and extent of Plaintiff’s injuries;
F. Whether the injuries are permanent;
G. The physical impairment;
H. The disfigurement;
I. Loss of earnings/time;
J. Impairment of earning capacity;
K. The reasonable expenses of the necessary medical care, treatment, and services, past and future.
AMOUNT OF DAMAGES
27. The Plaintiffs injuries and damages are in excess of the amount required for diversity jurisdiction under 28 Usc 1332 (currently $75,000.00) plus interest, costs and all such other and further relief for which should be awarded as judgment against the christy Reno in an amount to fully and fairly compensate Plaintiff for each and every element of damages that has been suffered, including punitive damages.
RESERVATION OF ADDITIONAL CLAIMS
28. The Plaintiff reserves the right to plead further upon completion of discovery to state additional claims and to name additional parties to this action.

Docket
Date Code Description Count Party Amount
08-27-2013 TEXT

Civil relief more than $10,000 Initial Filing.
1
08-27-2013 AUTONEG

AUTO NEGLIGENCE

08-27-2013 DMFE

DISPUTE MEDIATION FEE
$ 2.00
08-27-2013 PFE1

PETITION

Document Available (#1022115733)
$ 163.00
08-27-2013 PFE7

LAW LIBRARY FEE
$ 6.00
08-27-2013 OCISR

Oklahoma Court Information System Revolving Fund
$ 25.00
08-27-2013 CCADMIN02

Court Clerk Administrative Fee on $2 Collections
$ 0.20
08-27-2013 OCJC

Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
08-27-2013 OCASA

Oklahoma Court Appointed Special Advocates
$ 5.00
08-27-2013 CCADMIN04

Court Clerk Administrative Fee on Collections
$ 0.50
08-27-2013 LTF

Lengthy Trial Fund
$ 10.00
08-27-2013 SMF

Summons Fee (Clerks Fee) / 1-1 DEF, GTA
$ 5.00
08-27-2013 EAA

ENTRY OF APPEARANCE / JEFF R. LAIRD, ATTY FOR PLTF

Document Available (#1022115729)

08-27-2013 TEXT

OCIS has automatically assigned Judge Lucas, Tom A. to this case.

08-27-2013 ACCOUNT

Receipt # 2013-718756 on 08/27/2013.
Payor:LAIRD HAMMONS LAIRD PLLC Total Amount Paid: $218.70.
Line Items:
CJ-2013-1082: $168.00 on AC01 Clerk Fees.
CJ-2013-1082: $6.00 on AC23 Law Library Fee.
CJ-2013-1082: $0.70 on AC31 Court Clerk Revolving Fund.
CJ-2013-1082: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2013-1082: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2013-1082: $2.00 on AC64 Dispute Mediation Fees.
CJ-2013-1082: $25.00 on AC79 OCIS Revolving Fund.
CJ-2013-1082: $10.00 on AC81 Lengthy Trial Fund.

12-09-2013 SMU

Summons Returned, Unserved / CHRISTY RENO / PPS / UNABLE TO LOCATE

Document Available at Court Clerk's Office

12-11-2013 AOSP

AFFIDAVIT FOR SERVICE BY PUBLICATION

Document Available (#1023459625)

12-11-2013 NOPUB

NOTICE BY PUBLICATION

Document Available (#1023459629)

12-18-2013 PP

PROOF OF PUBLICATION / THE NORMAN TRANSCRIPT / $26.70

Document Available (#1023461909)

01-28-2014 EAA

ENTRY OF APPEARANCE - BILL MOLINSKY ATTY FOR DEF

Document Available (#1023757087)

02-14-2014 A

ANSWER / DEF CHRISTY RENO

Document Available (#1024105483)

03-20-2014 NO

NOTICE OF CHANGE OF ADDRESS / MOLINKSY LAW FIRM, P.C.

Document Available (#1024393886)

04-15-2014 MO

MOTION REQUESTING SCHEDULING CONFERENCE AND ORDER

Document Available (#1024608378)

05-20-2014 CTFREE

SO: (5/15/14) BOTH PARTIES PRESENT FOR MTE. STATUS CONFERENCE SET FOR 9-25-14 AT 11:00AM. PARTIES SET FOR OCTOBER JURY TERM (TB)

Document Available (#1024955930)

05-20-2014 SO

SCHEDULING ORDER / ORDER FOR STATUS CONFERENCE (TB)

Document Available (#1024955926)

09-05-2014 MOLIM

PLAINTIFF'S MOTION IN LIMINE

Document Available (#1026778808)

09-10-2014 RESP

DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION IN LIMINE

Document Available (#1026656805)

09-26-2014 O

ORDER - TB (RE MOTIONS IN LIMINE)

Document Available (#1027129768)

09-26-2014 CTFREE

STATUS CONFERENCE SUMMARY ORDER - TB

Document Available (#1027129776)

04-09-2015 CTFREE

SO: PARTIES ANNOUNCE CASE SETTLED. JURY TRIAL SET 4-13-15 STRICKEN ***TB***

Document Available (#1029134089)

04-13-2015 DISPCVDMWP

DISMISSAL WITH PREJUDICE

Document Available (#1029134197)

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: