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Date: 11-04-2013

Case Style: Inocente Mireles Galvan v. Dewight H. Mills

Case Number: CJ-2013-3298

Judge: Mary Fitzgerald

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Michael J. Masterson

Defendant's Attorney:

Description: Inocente Mireles Galvan , Maria Figueroa Mireles and Marco Landa sued Dewight H. Mills on a negligence theory claiming:

1. This action arises out of an. automobile accident that occurred in Tulsa County, Oklahoma. Jurisdiction and venue are proper.

2. Plaintiffs are individuals who reside in Tulsa County, Oklahoma.

3 Upon information and belief, Defendant, Dewight H Mills is an individual who resides in Tulsa County, Oklahoma

4 Upon information and belief, John Doe or Jane Doe Corporation, an unknown corporation is a company authorized to conduct business in Tulsa County, Oklahoma.

5. On or about July 22, 2011, on East Admiral Place in Tulsa, Oklahoma, Plaintiffs were involved in an automobile accident with a vehicle owned and operated by Defendant, Dewight H. Mills.

6. Defendant had the duty to use ordinary care to prevent Plaintiffs, and other motorists, from being injured by the use of his vehicle,

7. Defendant breached his duty in that he was careless, failed to maintain a proper lookout, violated various Statutes of the State of Oklahoma and Ordinances of the City of Tulsa, and was otherwise negligent.

8. The accident that occurred on or about July 22, 2011 was caused by the negligence of Defendant, Dewight H, Mills.

9. As a direct and proximate result of the collision caused by Defendant, Dewight H. Mills’ negligence, Plaintiffs sustained serious, and permanent personal injuries; they have and will suffer pain of mind and body; and they have and will incur major medical expenses.

10. Defendant, Dewight H. Mills’ conduct was grossly negligent and/or intentional, and caused Plaintiffs extensive damage to their personal health and property.

11. Defendant, Dewight H. Mills was further guilty of negligence per Se.

12. Defendant, Dewight H. Mills is liable to Plaintiffs for actual and punitive damages in an amount greater than $75,000.00.

SECOND CLAIM FOR RELIEF

NEGLIGENCE I RESPONDEAT SUPERIOR

AS TO JOHN DOE OR JANE DOE CORPORATION, AN UNKNOWN CORPORATION

13. The Plaintiffs hereby incorporates by reference all of the allegations contained in the preceding paragraphs 1 — 12 of this Petition as fully set out herein.

14. Defendant, Dewight H. Mills, was during all times mentioned, the agent and employee of Defendant, John Doe or Jane Doe Corporation, an unknown corporation, and was acting within the scope of his employment in operating the 2002 Chevrolet under the express direction and for the use and purpose of defendant,

15. Defendant, John Doe or Jane Doe Corporation, an unknown corporation, was negligent in hiring, training, employing, retaining, and supervising Dewight H. Mills, knowing that he was a careless and negligent driver.

16. Defendant, John Doe or Jane Doe Corporation, an unknown corporation, was grossly negligent and/or intentional, and caused Plaintiffs extensive damage to their personal health.

17. As a direct and proximate result of the collision caused by Defendants’ negligence, Plaintiffs sustained serious, and permanent personal injuries; they have and will suffer pain of mind and body; they have and will incur major medical expenses; and they have and will incur loss of wages and/or earning capacity.

18. Defendant, John Doe or Jane Doe Corporation, an unknown corporation, is liable to Plaintiffs for actual and punitive damages in an amount in excess of $75,000.00.

WHEREFORE, Plaintiffs demand judgment against Dewight H. Mills and John Doe or Jane Doe Corporation, an unknown corporation, for their medical expenses past and future; permanent injuries and disability; pain and suffering; interest; costs; attorney fees, and any further relief the Court deems equitable, just and available to Plaintiffs by law, all in excess of $75,000.00.

Defendant did not appear or answer.

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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