Defendant's Attorney: John J. Bowling and Kurt K. Hoffman

Description: Jeanne Payne v. Andrew Joseph Lee a/k/a Andrew J. Lee a/k/a Andrew Lee, Danielle Nicole Davis, a/k/a Daniellle N. Davis a/k/a Daniel Davis, Ralph Tully Davis, a/k/a Ralph T. Davis, a/k/a Ralph Davis

1. Plaintiff was at all material times a resident of Wagoner County, Oklahoma.
2. Defendant A. Lee was at all material times upon information and belief a resident of Tulsa County, Oklahoma at all material times.
3. Defendant K. Lee was at all material times upon information and belief a resident of Tulsa County, Oklahoma at all material times.
4 Defendant D Davis was at all material times upon information and belief a resident of Tulsa County, Oklahoma at all material times
5 Defendant R Davis was at all material times upon information and beliefa resident of Tulsa County, Oklahoma at all material times
6 Defendant John Doe, a business entity, is a business whose identity is unknown now, but may be revealed through the course of discovery Defendant John Doe is an entity that transacts business/engages in commerce on a regular basis in Oklahoma, and the claims alleged here arise out of the Defendant John Doe’s actions and/or inactions in Oklahoma.
7. Defendant Jane Doe, an individual, is a person residing in Oklahoma whose identity is unknown at this time, but may be revealed through the course of discovery.
8. This motor vehicle incident occurred in Tulsa County, OK on about 04/11/2011.
9. The incident occurred at about Washington Place and Lions Ave.
10. As a result of the above this Court has jurisdiction over this matter.
11. Defendants failed to yield, directly causing this incident.
12. Defendants followed too closely, directly causing this incident.
13. Defendants were the unsafe and/or unlawful factors directly causing this incident.
14. The Police Department officer cited Defendant for violating applicable law concerning this accident.
15. Plaintiff made no improper action.
16. Defendants directly caused this crash.
17. Defendants failed to yield to Plaintiffs right of way.
18. At the time of this incident Plaintiff was driving properly.
19. This wreck damaged the vehicle the Plaintiff was driving.
20. Defendants were inattentive and/or distracted at the time of and/or right before this accident.
21. Defendants were driving too fast for conditions.
22. Defendants made an improper action and/or omission while driving a motor vehicle.
23. Defendants violated ordinance(s) and/or Oklahoma Statute(s) and/or law(s), etc.
24. The wreck was violent.
25. Defendants directly caused injuries and damages to Plaintiff.
26. Defendants failed to drive properly and/or reasonably.
27. On the date and time of the incident Defendants were operating a motor vehicle owned and/or controlled by Defendants K. Lee, R. Davis, Jane Doe and/or John Doe.
28. At all material times Defendant was an agent, servant, and/or employee of Defendants K. Lee, R. Davis, Jane Doe and/or John Doe.
29. At all material times Defendants were acting within the course and scope of employment and/or permission for Defendants K. Lee, R. Davis, Jane Doe and/or John Doe.
30. Defendants K. Lee, R. Davis, Jane Doe and/or John Doe is/are liable for any improper action and/or omission committed by Defendants during the operation of the motor vehicle, inclusive of the time and date of this incident.
31. Defendants were an authorized driver of Defendants K. Lee, R. Davis, Jane Doe and/or John Doe’s motor vehicle at the time of the incident.
32. Defendants K. Lee, R. Davis, Jane Doe and/or John Doe negligently and/or improperly entrusted Defendants with said motor vehicle.
33. Defendants K. Lee, R. Davis, Jane Doe and/or John Doe negligently and/or improperly hired, retained, supervised, educated, and/or trained Defendants, directly causing this incident and injuries to Plaintiff.
34. Defendants were in a joint venture and/or in a dual capacity with Defendants K. Lee, R. Davis, Jane Doe and/or John Doe at the time of this incident.
35. Defendants breached duties owed to Plaintiff.
36. Defendants were negligent, negligent per se and/or committed res ipsa because they violated and/or breached applicable statute(s), law(s), and/or ordinance(s), which directly caused injury to Plaintiffs person and property.
37. Defendants had the responsibility to drive as reasonably prudent drivers at the date and time of this wreck.
38. Defendants violated that responsibility.
39. Defendants were negligent.
40. Defendants directly caused damages to Plaintiff.
41. As a direct result of the actions and/or omissions of Defendants, Plaintiff was injured and suffered at least the following damages (this is a non-exhaustive list):
A. physical pain and suffering, past and future;
B. mental pain and suffering, past and future;
C. permanent injuries of a severe nature;
D. physical impairment;
E. loss of earnings and/or wages and/or loss of earning capacity;
F. property damages;
G. diminished earning capacity;
H. medical costs for care, treatment, and service, past and future;
I. mileage;
J. costs;
K. attorney’s fees;
L. expenses;
M. any and all other damages; etc.

Outcome: 07-24-2014 DISPCVDMWP 1 DAVIS, DANIELLE NICOLE 90792198 Jul 25 2014 9:56:08:967AM - $ 0.00
DISMISSAL WITH PREJUDICE
07-24-2014 DISPCVDMWP 1 DAVIS, RALPH TULLY 90792199 Jul 25 2014 9:56:09:117AM - $ 0.00
DISMISSAL WITH PREJUDICE
07-24-2014 DISPCVDMWP 1 LEE, ANDREW JOSEPH 90792200 Jul 25 2014 9:56:09:157AM - $ 0.00
DISMISSAL WITH PREJUDICE
07-24-2014 DISPCVDMWP 1 LEE, KARA 90792201 Jul 25 2014 9:56:09:187AM - $ 0.00
DISMISSAL WITH PREJUDICE
07-24-2014 DISPCVDMWP 2 LEE, ANDREW JOSEPH 90792202 Jul 25 2014 9:56:09:257AM - $ 0.00
DISMISSAL WITH PREJUDICE
07-24-2014 DISPCVDMWP 3 LEE, ANDREW JOSEPH 90792203 Jul 25 2014 9:56:09:327AM - $ 0.00
DISMISSAL WITH PREJUDICE

Plaintiff's Experts:

Defendant's Experts:

Comments: