Date: 09-24-2014

Case Style: Christopher McMullen v. Bob Smith d/b/a Donation Pickup Org.

Case Number: CJ-2013-1096

Judge: Tom A. Lucas

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Elizabeth Larrick and Jordan Southerland

Defendant's Attorney: Rodney Stewart

Description: COMES NOW, the Plaintiff, Chris McMullen, by and through her attorneys, McIntyre Law, P.C., for his cause of action against Defendants Bob Smith, individual, and A&B Inc. d/b/a DonationPickup.org, domestic corporation, and hereby alleges and states as follows:
I. STATEMENT OF THE FACTS
1. Plaintiff Chris McMullen is a resident of Oklahoma County, Oklahoma.
2. Plaintiff was involved in a motor vehicle collision on August 31, 2012 in
Cleveland County, Oklahoma.
3. Defendant Bob Smith was/is an employed driver and/or employee of Defendant
A&B Inc. d/b/a DonationPickup.org.
4. Defendant Bob Smith was, at all times pertinent hereto, acting within the course
and scope of his employment for the Defendant A&B inc. d/b/a DonationPickp.org and
therefore, Defendant A&B Inc. d/b/a DonationPickup.org is vicariously liable for the acts
and omissions of Defendant Bob Smith under the doctrine of respondeat superior.
5. Defendant A&B Inc. d/b/a DonationPickup.org, is a domestic corporation
organized under laws of the state of Oklahoma. Defendant A&B Inc. d/b/a
DonationPickup.org was doing business in the state of Oklahoma at the time of the collision at issue and regularly engages in business in the State of Oklahoma.
II. JURISDICTION AND VENUE
6. Jurisdiction and venue is proper in that the damages resulting from the operation of a motor vehicle were sustained in Cleveland County. Oklahoma.
III. CAUSE OF ACTION - NEGLIGENCE
Plaintiff adopts and incorporates by reference the allegations contained in paragraphs 1-6 above and further urges the following:
7. On or about January 29, 2013, Plaintiff Chris McMullen was riding his bicycle on
the sidewalk on the eastside of Pennsylvania Ave. near the intersection of S.W. 931( in
Oklahoma City, Cleveland County, Oklahoma.
8. Plaintiff Chris McMullen was crossing S.W. 93 Street when he was struck by
Defendant Bob Smith inside the intersection of S.W. 93rd and Pennsylvania Avenue.
9. Defendant Bob Smith was driving northbound on S.W. 93rd, and illegally
proceeded forward from the stop sign posted on S.W. 93rd.
10. At the time of the collision, Defendant Bob Smith was an employee of Defendant
A&B Inc. d/b/a DonationPickup.org and was acting within the scope of said employment.
11. At the time of the collision, Defendant Bob Smith violated the duty to use
ordinary care, which needlessly endangered the safety of the Plaintiff and others.
12. At the time of the collision, Defendant Bob Smith violated the duty to devote full
time and attention to driving, which needlessly endangered the safety of the Plaintiff and
others, under 47 O.S. § 11-90 lb.
13. As a result of the negligence of Defendant Bob Smith, Plaintiff Chris McMullen
suffered injuries and incurred damages.
14. The injuries and damages sustained by Plaintiff Chris McMullen were produced in a natural and continuous sequence from Defendant Bob Smith’s violation of the one or more of the above described independent duties of ordinary care for the safety of Chris McMullen.
15. The accident was not a proximate result of any act or omission of Plaintiff Chris McMullen, but attributable wholly to the conduct of the Defendant Bob Smith.
16. The Defendants Bob Smith and A&B Inc. d/b/a DonationPickup.org are jointly and severally liable for the injuries and damages sustained by Plaintiff, as herein alleged.
17. The foregoing acts and/or omissions of Defendants Bob Smith and A&B Inc. d/b/a DonationPickup.org, taken individually and/or jointly, were a direct and proximate cause of the damages sustained by Plaintiff Chris McMullen. These damages include, but are not limited to, the following: physical pain and suffering, experienced in the past and future; expenses of medical care, treatment and services, experienced in the past and reasonably expected in the future; lost wages; mental anguish experienced in the past and reasonably expected in the future.
WHEREFORE, premises considered, Plaintiff Chris McMullen, hereby pray for judgment against Defendants Bob Smith and A&B Inc. d/b/a DonationPickup.org 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: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: