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Date: 12-11-2015
Case Style: Joshua Harris, Schalonda Isaac and Shatoya Isaac v. Christine Houdyshell
Case Number: CJ-2013-1349
Judge: Jefferson D. Sellers
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney:
Defendant's Attorney: Mark Maguire and Andrew Brown for Christine Houdyshell
Description: Tulsa, OK - Joshua Harris, Schalonda Isaac and Shatoya Isaac sued Christine Houdyshell on auto negligence theories claiming:
COME NOW the Plaintiffs, JOSHUA HARRIS, individually; SCHALONDA ISAAC, individually and as parent and next friend of SE'MINA DABNEY, DONNELL DABNEY, JR., and SINCERE JOHNSON, all minors; and SHA'TOYA ISAAC, individually, and asparent and next friend of JA'MARIUS DOYLE, a minor, and for their causes of action against the Defendant, CHRISTINE HOUDYSHELL, allege and state as follows:
1. That the Plaintiffs are residents of Tulsa County, State of Oklahoma; and that Defendant, CHRISTINE HOUDYSHELL, is a resident of Tulsa County, Stateof Oklahoma. That the complaint alleged herein occurred in Tulsa County, State of Oklahoma, and that this Court hasjurisdiction over,
the parties and the subject matter herein.
FIRST CAUSE OF ACTION
2. On January 7, 2013, on South 72"d East Avenue at its intersection with East 47th Street, Tulsa, Oklahoma, the Defendant, CHRISTINE HOUDYSHELL, negligently drove her vehicle into the vehicle driven by Plaintiff, JOSHUA HARRIS, who was traveling in an southerly direction on South 72nct East Avenue when the accident occurred.
3. As a result of the negligence of the Defendant, CHRISTINE HOUDYSHELL, Plaintiff, JOSHUA HARRIS, was injured and his injuries are permanent, painful and progressive. When injured, Plaintiff, JOSHUA HARRIS, was 23 years of age with a life expectancy of 49.8 more years according to the U.S. Census Bureau, Statistical Abstract of the United States: 2012.
4. As a result of the injuries, Plaintiff, JOSHUA HARRIS, has and will incur medical expenses, has and will suffer pain of mind and body, has sustained permanent injury, has and will lose wages and has had his earning capacity impaired.
WHEREFORE, Plaintiff, JOSHUA HARRIS, prays for judgment against the Defendant, CHRISTINE HOUDYSHELL, 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 the costs of this action.
SECOND CAUSE OF ACTION
1. COMES NOW the Plaintiff, SCHALONDA ISAAC, and for the SECOND CAUSE OF ACTION, hereby re-adopts and re-alleges the allegations contained within paragraphs 1-4 of the FIRST CAUSE OF ACTION as if fully re-stated herein, and further states and alleges as follows:
2. That Plaintiff, SCHALONDA ISAAC, was a passenger in the automobile driven by Co- Plaintiff, Joshua Harris.
3. As a result of the negligence of the Defendant, CHRISTINE HOUDYSHELL, Plaintiff, SCHALONDA ISAAC, was injured and her injuries are permanent, painful and progressive. When injured, Plaintiff, SCHALONDA ISAAC, was 40 years of age with a life expectancy of 39.6 more years according to the U.S. Census Bureau, Statistical Abstract of the United States: 2012.
4. As a result of the injuries, Plaintiff, SCHALONDA ISAAC, has and will incur medical expenses, has and will suffer pain of mind and body, has sustained permanent injury, has and will lose wages and has had her earning capacity impaired.
WHEREFORE, Plaintiff, SCHALONDA ISAAC, prays forjudgment against the Defendant, CHRISTINE HOUDYSHELL, 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 the costs of this action.
THIRD CAUSE OF ACTION
1. COMES NOW the Plaintiff, SCHALONDA ISAAC, as parent and next friend of SE'MINA DABNEY, a minor, and for the THIRD CAUSE OF ACTION hereby restates and re-alleges the allegations contained within paragraphs 1-4 of the FIRST CAUSE OF ACTION and paragraphs 1-4 of the SECOND CAUSE OF ACTION as if fully re-stated herein, and further states and alleges as follows:
2. That the minor child of the Plaintiff, SE'MINA DABNEY, was apassenger in the automobile driven by Co-Plaintiff, Joshua Harris.
3. As a result of the negligence of the Defendant, CHRISTINE HOUDYSHELL, minor Plaintiff, SE'MINA DABNEY, was injured and her injuries are permanent, painful and progressive. When injured, minor Plaintiff, SE'MINA DABNEY, was 6 years of age with a life expectancy of
72.5 more years according to the U.S. Census Bureau, Statistical Abstract of the United States: 2012.
4. As a result of the injuries, minor Plaintiff, SE'MINA DABNEY, has and will incur medical expenses, has and will suffer pain of mind and body, has sustained permanent injury and has had her earning capacity impaired.
WHEREFORE, Plaintiff, SCHALONDA ISAAC, as parent and next friend of SE'MINA DABNEY, a minor, prays forjudgment against the Defendant, CHRISTINE HOUDYSHELL, in an amount in excess of the amount required for diversityjurisdiction pursuant to Section 1332 of Title 28 of the United States Code together with the costs of this action.
FOURTH CAUSE OF ACTION
1. COMES NOW the Plaintiff, SCHALONDA ISAAC, and for the FOURTH CAUSE OF ACTION hereby restates and re-alleges the allegations contained within paragraphs 1-4 of the FIRST CAUSE OF ACTION; paragraphs 1-4 of the SECOND CAUSE OF ACTION; and, paragraphs 1-4 of the THIRD CAUSE OF ACTION as iffully re-stated herein, and further states and alleges as follows:
2. That the minor child of the Plaintiff, DONNELL DABNEY, JR., was a passenger in the automobile driven by Co-Plaintiff, Joshua Harris.
3. As a result of the negligence of the Defendant, CHRISTINE HOUDYSHELL, minor Plaintiff, DONNELL DABNEY, JR., was injured and his injuries are permanent, painful and progressive. When injured, minor Plaintiff, DONNELL DABNEY, JR., was 5 years of age with a life expectancy of 67.1 more years according to the U.S. Census Bureau, Statistical Abstract of the United States: 2012.
4. As a result of the injuries, minor Plaintiff, DONNELL DABNEY, JR., has and will incur medical expenses, has and will suffer pain of mind and body, has sustained permanent injury and has had his earning capacity impaired.
WHEREFORE, Plaintiff, SCHALONDA ISAAC, as parent and next friend of DONNELL DABNEY, JR., a minor, prays forjudgment against the Defendant, CHRISTINE HOUDYSHELL, 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 the costs of this action.
FIFTH CAUSE OF ACTION
1. COMES NOW the Plaintiff, SCHALONDA ISAAC, and for the FIFTH CAUSE OF ACTION hereby restates and re-alleges the allegations contained within paragraphs 1-4 of the FIRST CAUSE OF ACTION; paragraphs 1-4 of the SECOND CAUSE OF ACTION; paragraphs 1-4 of the THIRD CAUSE OF ACTION; and paragraphs 1-4 of the FOURTH CAUSE OF ACTION as if fully re-stated herein, and further states and alleges as follows:
2. That the minor child of the Plaintiff, SINCERE JOHNSON, was a passenger in the
automobile driven by Co-Plaintiff, Joshua Harris.
3. As a result of the negligence of the Defendant, CHRISTINE HOUDYSHELL, minor Plaintiff, SINCERE JOHNSON, was injured and her injuries arepermanent, painful and progressive. When injured, minor Plaintiff, SINCERE JOHNSON, was 3 years of age with a life expectancy of 75.4 more years according to the U.S. Census Bureau, Statistical Abstract of the United States: 2012.
4. As a result of the injuries, minor Plaintiff, SINCERE JOHNSON, has and will incur medical expenses, has and will suffer pain of mind and body, has sustained permanent injury and has had her earning capacity impaired.
WHEREFORE, Plaintiff, SCHALONDA ISAAC, as parent and next friend of SINCERE JOHNSON, a minor, prays for judgment against the Defendant, CHRISTINE HOUDYSHELL, 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 the costs of this action.
SIXTH CAUSE OF ACTION
1. COMES NOW the Plaintiff, SCHALONDA ISAAC, as parent and next friend of SE'MINA DABNEY, DONNELL DABNEY, JR., and SINCERE JOHNSON, all minors, and for the SIXTH CAUSE OF ACTION hereby restates and re-alleges the allegations contained within paragraphs 1-4 of the FIRST CAUSE OF ACTION; paragraphs 1-4 of the SECOND CAUSE OF ACTION; paragraphs 1-4 of the THIRD CAUSE OF ACTION; paragraphs 1-4 of the FOURTH CAUSE OF ACTION; and, paragraphs 1-4 of the FIFTH CAUSE OF ACTION as if fully re-stated herein, and further states and alleges as follows:
2. That as a result of the negligence of the Defendant, CHRISTINE HOUDYSHELL, Plaintiff s minor children, SE'MINA DABNEY, DONNELL DABNEY, JR., and SINCERE JOHNSON, all minors, were injured. As a result of the injuries, Plaintiff, SCHALONDA ISAAC, has and will incur medical expenses on behalf of said minor children and has and will suffer both emotional and mental pain and anguish.
WHEREFORE, Plaintiff, SCHALONDA ISAAC, prays for judgment against the Defendant, CHRISTINE HOUDYSHELL, in an amount of $30,000.00 together with the costs of this action.
SEVENTH CAUSE OF ACTION
1. COMES NOW the Plaintiff, SHA'TOYA ISAAC, as parent and next friend of JAMARIUS DOYLE, a minor, and for the SEVENTH CAUSE OF ACTION hereby restates and re-alleges the allegations contained within paragraphs 1-4 of the FIRST CAUSE OF ACTION; paragraphs 1-4 of the SECOND CAUSE OF ACTION; paragraphs 1-4 of the THIRD CAUSE OF ACTION; paragraphs 1-4 of the FOURTH CAUSE OF ACTION; paragraphs 1-4 of the FIFTH CAUSE OF ACTION; and, paragraphs 1 and 2 of the SIXTH CAUSE OF ACTION as if fully re-stated herein, and further states and alleges as follows:
2. That the minor child of the Plaintiff, JA'MARIUS DOYLE, was a passenger in the automobile driven by Co-Plaintiff, Joshua Harris.
3. As a result of the negligence of the Defendant, CHRISTINE HOUDYSHELL, minor Plaintiff, JA'MARIUS DOYLE, was injured and his injuries arepermanent, painful andprogressive. When injured, Plaintiff, JA'MARIUS DOYLE, was 2 years of age with a life expectancy of 70.0 more years according to the U.S. Census Bureau, Statistical Abstract of the United States: 2012.
4. As a result of the injuries, minor Plaintiff, JA'MARIUS DOYLE, has and will incur medical expenses, has and will suffer pain of mind and body, has sustained permanent injury and has had his earning capacity impaired.
WHEREFORE, Plaintiff, SHA'TOYA ISAAC, as parent and next friend of JA'MARIUS DOYLE, a minor, prays for judgment against the Defendant, CHRISTINE HOUDYSHELL, 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 the costs of this action.
EIGHTH CAUSE OF ACTION
1. COMES NOW the Plaintiff, SHA'TOYA ISAAC, asparent and next friend of JA'MARIUS DOYLE, a minor, and for the EIGHTH CAUSE OF ACTION hereby restates and re-alleges the allegations contained within paragraphs 1-4 of the FIRST CAUSE OF ACTION; paragraphs 1-4 of the SECOND CAUSE OF ACTION; paragraphs 1-4 of the THIRD CAUSE OF ACTION; paragraphs 1-4 of the FOURTH CAUSE OF ACTION; paragraphs 1-4 of the FIFTH CAUSE OF ACTION; paragraphs 1 and 2 of the SIXTH CAUSE OF ACTION; and, paragraphs 1-4 of the SEVENTH CAUSE OF ACTION as if fully re-stated herein, and further states and alleges as follows:
2. That as a result of the negligence of the Defendant, CHRISTINE HOUDYSHELL, Plaintiff s minor child, JA'MARIUS DOYLE, was injured. As a result of the injuries, Plaintiff, SHA'TOYA ISAAC, has and will incur medical expenses on behalf of said minor child and has and will suffer both emotional and mental pain and anguish.
WHEREFORE, Plaintiff, SHA'TOYA ISAAC, prays forjudgment against the Defendant, CHRISTINE HOUDYSHELL, in an amount of $10,000.00 together with the costs of this action.
NINTH CAUSE OF ACTION
1. COMES NOW the Plaintiff, JOSHUA HARRIS, and for the NINTH CAUSE OF ACTION, hereby re-adopts and re-alleges the allegations contained within paragraphs 1-4 of the FIRST CAUSE OF ACTION; paragraphs 1-4 of the SECOND CAUSE OF ACTION; paragraphs 1-4 of the THIRD CAUSE OF ACTION; paragraphs 1-4 of the FOURTH CAUSE OF ACTION; paragraphs 1-4 of the FIFTH CAUSE OF ACTION; paragraphs 1 and 2 of the SIXTH CAUSE OF ACTION; paragraphs 1-4 of the SEVENTH CAUSE OF ACTION; and, paragraphs 1 and 2 of the EIGHTH CAUSE OF ACTION as if fully restated herein, and further states and alleges as follows:
2. That he is the owner of the 2002 Ford Taurus automobile involved in this accident and he has suffered damages as a result of the Defendant's negligence in the amount of $2,021.94 for property damage to his vehicle, reasonable car rental expense and an amount yet to be determined as and for loss of use of said vehicle.
Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: