Date: 04-06-2016

Case Style: Leonard Dale Hughes v. Roscoe Turner

Case Number: CJ-2013-1940

Judge: Dana Kuehn

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Chris Knight

Defendant's Attorney: Jon Starr

Description: Tulsa, OK - Leonard Dale Hughes sued Roscoe Turner on a premises liability theory claiming:

I.

On September 19, 2009, the Plaintiff was helping the Def endant remove some limbs from Defendant's tree that had been damaged in a storm. Plaintiff had repeatedly told the Def endant to stay away from the ladder and to stay away from the area where Plaintiff was allowing limbs to drop to the ground. Despite these instructions, the Defendant did distract Plaintiff by coming in and around the ladder and the area where Plaintiff was allowing limbs to f all resulting in Plaintiff's f all from the ladder onto the ground.

II.

As a result of Defendants' negligence, Leonard Hughes suffered injuries that included, but were not limited to a fracture of the right femur that required a closed reduction with an intramedullary fixation and he required surgery for damage to his right knee. Leonard Hughes was injured, was physically impaired, was disfigured, suff ered pain of body and mind, suffered lost income, and incurred expenses for medical care and treatment.

III.

As a result of Defendants' negligence, Leonard Hughes will
suffer with his injury in the future, will suffer pain of body and 1nind, will be physically impaired, will be disfigured, may suffer impairment of his earning capacity, and may incur expenses for medical care and treatment.

IV.

The claims asserted herein were previously the subject of the case assigned Case Number CJ-2011-5160 which was filed in the District Court of Tulsa County and failed otherwise than on the merits on April 17, 2012. This action is timely filed within one year of that date pursuant to 12 O.S. §100.

WHEREFORE, Plaintiff demands judgment against the Def endants in an amount greater than the amount required for
diversity jurisdiction and in excess of $10,000.00, together with the costs of this action, interest at the statutory rate, and any and all other relief to which Plaintiff may be entitled.

Outcome: KUEHN, DANA: CASE CALLED FOR JURY TRIAL ON 3-28-16. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY CHRIS KNIGHT. DEFENDANT PRESENT AND REPRESENTED BY JON STARR.

THE JURORS ARE CALLED AND SWORN TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. THE JURORS ARE ACCEPTED FOR CAUSE.

PEREMPTORY CHALLENGES
PLAINTIFF: 3
DEFENDANT: 3

THE FOLLOWING JUROR(S) WAS EXCUSED FOR CAUSE: 1
THE FOLLOWING JURORS ARE ACCEPTED AND SWORN TO TRY THE CAUSE: 12
ALTERNATE: 1

OPENING STATEMENTS ARE MADE. 3 WITNESSES SWORN. RULE WAS NOT INVOKED. COURT REPORTER DIANA PAULEY. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEFENDANT DEMURS AND DEMURRER IS OVERRULED. DEFENDANT PRESENTS EVIDENCE AND RESTS. DEFENDANT MOVES FOR DIRECTED VERDICT AND IS OVERRULED. BOTH SIDES REST.

THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND ON 3-29-16, AT 9;24 A.M., THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. ON 3-29-16, AT 10:05 A.M., THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT, WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT:

“WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANT, AND FIX THE DOLLAR AMOUNT OF ITS DAMAGES IN THE SUM OF 0. JURORS CONCURRING; SIGNED FOREPERSON.”

JURY DISCHARGED.

WITNESSES SWORN: 3

Plaintiff's Experts:

Defendant's Experts:

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