Date: 04-07-2015

Case Style: Dennie Edwards and Barbara Scott v. Ramiro Ambriz

Case Number: CJ-2013-4443

Judge: Dana Kuehn

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Ryan Childress

Defendant's Attorney: Adam Baker

Description: Tulsa, OK - Dennie Edwards and Barbara Scott sued Ramiro Ambriz on auto negligence theories claiming:

1. Plaintiff Edwards is a resident of Claremore, Rogers County, State of Oklahoma.
2. Plaintiff Scott is a resident of Tulsa, Tulsa County, State of Oklahoma.
3. Upon information and belief; Defendant Driver is a resident of Tulsa, Tulsa County, State of Oklahoma.
4. Upon information and belief, Defendant Ambriz is a resident of Tulsa, Tulsa County, State of Oklahoma.
5. The accident giving rise to this lawsuit occurred in Tulsa, Tulsa County, State of Oklahoma, making jurisdiction and venue of this Court both just and proper.
FACTS
6. Plaintiff expressly incorporates by reference the allegations made in paragraphs one through five above as though hilly stated herein, and ifirther pleads and alleges as follows:
7. On or about March 9, 2013, at approximately 10:06 PM, Plaintiff Edwards was driving his personal vehicle, a 1999 Tan Ford Ranger, south bound on South Garnett Road nearest the location of 2200 South Garnett Road in Tulsa, Tulsa County, Oklahoma.
8. Riding in the passenger seat of Plaintiff Edwards’ vehicle was Plaintiff Scott.
9. As Plaintiffs traveled south bound on South Gamett Road, a 2002 GMC Sierra
1500, owned by Defendant Ambriz, driven at the time by Defendant Driver, pulled out in front of Plaintiffs.
10. As a result, Plaintiffs crashed into this vehicle approximately 13 feet east of the west edge of South Garnett Road and 116 feet north of the south edge of East 22 Street in Tulsa, Oklahoma.
11. Immediately following the crash, Defendant Driver exited the vehicle while talking on his cellular telephone.
12. A Black Dodge arrived at the scene with the partial tag of “AZ.” Defendant Driver entered the vehicle and promptly left the scene.
13. Upon notice of an accident, the Tulsa Police Department dispatched Officer Jeremiah Spencer, badge number 02301, to the scene to investigate. Officer Spencer investigated the scene and interviewed witnesses, including eye-witness Curtis Kretchmar (“Witness Kretchmar”). After completing a thorough investigation, Officer Kretchmar codified
the findings, which were approved by supervising Officer CA, badge number 01749, into Official Oklahoma Traffic Collision Report Number 2013014310.
14. In his report, Officer Spencer recounts Witness Kretcluiiar’s statements of how the accident occurred and what happened immediately after the accident:
Witness Curtis Kretchmar stated that unit 1 [Plaintiffs] pulled in front of unit 2 [Defendants] attempting to turn into the parking lot. Kretchmar stated that a Hispanic male then exited unit 1 and began to walk west towards the car wash, while talking on the phone. Kretclunar stated further that a black Dodge car pulled up and the Hispanic male got into the vehicle, and the vehicle left the area westbound through the parking lot and then westbound on B. 21 Street.
15. In his report, Officer Spencer places liability exclusively on the unknown driver when he cited him with citation code 33: Improper Turn-Left.
16. Officer Spencer concluded Plaintiffs did nothing incorrectly by assigning citation code 98: No Improper Action by Driver.
Please see attached Exhibit A, Official Oklahoma Traffic Collision Report Number
2013014310.
17. As a result of the accident, Plaintiffs have sustained injuries and required extensive medical treatment from numerous providers in Oklahoma.
18. Plaintiffs Counsel has attempted to resolve this matter without filing a lawsuit to avoid unnecessary litigation, To date, settlement negotiations in an effort to resolve this matter without litigation remain unsuccessful.
FIRST CAUSE OF ACTION:
Negligence per se - Reckless Driving
19. Plaintiff expressly incorporates by reference the allegations made in paragraphs
one through eighteen above as though fully stated herein, and further pleads and alleges as follows:
20. Oklahoma statutory law expressly provides, “It shall be deemed reckless driving for any person to drive a motor vehicle in a careless or wanton manner without regard for the safety of persons or property.. .“ 47 0.5. § 11-901(2001).
21. By pulling out in front of oncoming traffic at night without sufficient space to do so and colliding with another vehicle, Defendant did drive in a careless or wanton manner without regard for the safety of persons.
22. As a direct and proximate result of Defendant’s driving, Plaintiffs have suffered physical injuries, loss of enjoyment of life, pain and suffering, mental anguish, medical bills, and other financial losses.
SECOND CAUSE OF ACTION:
Negligence Per Se
23. Plaintiff expressly incorporates by reference the allegations made in paragraphs one through twenty-two above as though fully stated herein, and fhrther pleads and alleges as follows:
24. Oklahoma statutory law expressly provides, in relevant part,
The operator of every vehicle, while driving, shall devote their time and fhlI attention to such driving.
No law enforcement officer shall issue a citation under this section unless the law enforcement officer observes that the operator of the vehicle is involved in an accident or observes the operator of the vehicle driving in such a manner that poses an articulable danger to other persons on the roadway that is not otherwise specified in statute,
47 U.S. § 11-901(b) (2003).
25. Defendant, by pulling out in front of oncoming traffic at night without sufficient distance to properly do so, did not devote his full time and attention to such driving.
26. As a direct and proximate result of Defendant’s driving, Plaintiffs have suffered physical injuries, loss of enjoyment of life, pain and suffering, mental anguish, medical bills, and other financial losses.
THIRD CAUSE OF ACTION:
Negligence
27. Plaintiff expressly incorporates by reference the allegations made in paragraphs one through twenty-five above as though filly stated herein, and further pleads and alleges as follows:
28, As the operator of a motor vehicle traveling on a densely traveled roadway, Defendant owed a duty to maintain a proper lookout for others.
29. By pulling out in front of oncoming traffic at night without sufficient distance to do so, Defendant breached her duty owed to other motorists and pedestrians.
30. As a direct and proximate result of Defendant’s driving, Plaintiffs have suffered physical injuries, loss of enjoyment of life, pain and suffering, mental anguish, medical bills, and other financial losses.

Docket
Date Code Description Count Party Amount
09-19-2013 TEXT

Civil relief more than $10,000 Initial Filing.
1
09-19-2013 AUTONEG

AUTO NEGLIGENCE

09-19-2013 DMFE

DISPUTE MEDIATION FEE
$ 2.00
09-19-2013 PFE1

PETITION

Document Available (#1022969259)
$ 163.00
09-19-2013 PFE7

LAW LIBRARY FEE
$ 6.00
09-19-2013 OCISR

Oklahoma Court Information System Revolving Fund
$ 25.00
09-19-2013 CCADMIN02

Court Clerk Administrative Fee on $2 Collections
$ 0.20
09-19-2013 OCJC

Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
09-19-2013 OCASA

Oklahoma Court Appointed Special Advocates
$ 5.00
09-19-2013 CCADMIN04

Court Clerk Administrative Fee on Collections
$ 0.50
09-19-2013 LTF

Lengthy Trial Fund
$ 10.00
09-19-2013 SMF

Summons Fee (Clerks Fee)-2
$ 10.00
09-19-2013 SMIMA

Summons Issued - Mailed by Attorney-2

09-19-2013 TEXT

OCIS has automatically assigned Judge Kuehn, Dana to this case.

09-19-2013 ACCOUNT

Receipt # 2013-2688272 on 09/19/2013.
Payor:DIRANI LAW OFFICE PC Total Amount Paid: $223.70.
Line Items:
CJ-2013-4443: $173.00 on AC01 Clerk Fees.
CJ-2013-4443: $6.00 on AC23 Law Library Fee.
CJ-2013-4443: $0.70 on AC31 Court Clerk Revolving Fund.
CJ-2013-4443: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2013-4443: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2013-4443: $2.00 on AC64 Dispute Mediation Fees.
CJ-2013-4443: $25.00 on AC79 OCIS Revolving Fund.
CJ-2013-4443: $10.00 on AC81 Lengthy Trial Fund.

10-09-2013 EAA

ENTRY OF APPEARANCE (MICHAEL MCATEE & ADAM M BAKER ENTER AS COUNSEL - COVERSHEET ATTACHED) / CERTIFICATE OF MAILING

Document Available (#1023143161)
AMBRIZ, RAMIRO
10-23-2013 A

ANSWER / CERTIFICATE OF MAILING

Document Available (#1023329230)
AMBRIZ, RAMIRO
04-08-2014 REQ

PLTFS' REQUEST TO SET CASE FOR SCHEDULING CONFERENCE / CERTIFICATE OF SERVICE (A/J)

Document Available (#1024761128)
SCOTT, BARBARA
04-10-2014 CTFREE

Kuehn, dana: order entered setting scheduling conference.

Scheduling conference is set on 5-13-14 at 9:30 am, courtroom 701.

04-21-2014 O

ORDER SETTING SCHEDULING CONFERENCE / OR 5-13-14 @ 9:30A M IN ROOM 701

Document Available (#1024836413)

05-13-2014 CTFREE

Kuehn, dana: scheduling conference held. Plaintiff represented by ryan childress; defendant represented by adam baker per phone. Agreed scheduling order entered. settlement conference to be completed prior to pretrial conference.

Pretrial conference is set on 12-1-14 at 9:30 am, courtroom 701.

05-19-2014 MOSJ

DEFENDANT RAMIRO AMBRIZ'S MOTION FOR SUMMARY JUDGMENT (A/J)

Document Available (#1024587570)
$ 50.00
05-19-2014 ACCOUNT

Receipt # 2014-2852862 on 05/19/2014.
Payor:MCATEE & WOODS PC Total Amount Paid: $50.00.
Line Items:
CJ-2013-4443: $50.00 on AC01 Clerk Fees.

05-28-2014 SCHO

SCHEDULING ORDER (OF 5-13-14)

Document Available (#1025770264)

05-29-2014 RESP

PLTFS DENNIE EDWARDS' & BARBARA SCOTT'S RESPONSE TO DEFT RAMIRO AMBRIZ'S MOTION FOR SUMMARY JUDGMENT (A/J)

Document Available (#1025769496)
EDWARDS, DENNIE
06-03-2014 WL

PLAINTIFFS DENNIE EDWARDS' & BARBARA SCOTT'S PRELIMINARY WITNESS & EXHIBIT LIST

Document Available (#1025766100)
EDWARDS, DENNIE
07-22-2014 CTFREE

Kuehn, dana: order entered denying motion for summary judgment.

07-29-2014 O

ORDER DENYING MOTION FOR SUMMARY JUDGMENT

Document Available (#1026635698)

09-02-2014 WL

DEFENDANT'S FINAL WITNESS AND EXHIBIT LIST

Document Available (#1026990168)
AMBRIZ, RAMIRO
09-02-2014 WL

PLAINTIFFS DENNIE EDWARDS' & BARBARA SCOTT'S FINAL WITNESS & EXHIBIT LIST / CERT OF MAILING

Document Available (#1026990186)
EDWARDS, DENNIE
12-01-2014 CTFREE

Kuehn, dana: joint application for settlement conference and order is submitted, signed by the court and mailed to leilani Armstrong at early settlement.

12-01-2014 CTFREE

kuehn, dana: plaintiff represented by ryan childress; defendant represented by adam baker. pretrial order entered.

jury trial is set on 4-6-15 at 10:00 am, courtroom 701.

03-30-2015 PTO

PRE-TRIAL CONFERENCE ORDER

Document Available (#1029071598)

03-30-2015 RJT

REQUEST FOR JURY TRIAL
$ 349.00
03-30-2015 CRF

COURT REPORTER FEE-TRIAL ON MERITS
$ 20.00
03-30-2015 REQ

PLAINTIFFS' REQUESTED JURY INSTRUCTIONS

Document Available (#1029181449)
EDWARDS, DENNIE
03-30-2015 ACCOUNT

Receipt # 2015-3059976 on 03/30/2015.
Payor:TAYLOR FOSTER Total Amount Paid: $369.00.
Line Items:
CJ-2013-4443: $369.00 on AC01 Clerk Fees.

04-06-2015 CTFREE

kuehn, dana: jury trial begins. plaintiff represented by ryan childress; defendant represented by mike mcatee.

04-07-2015 REQ

DEFENDANT RAMIRO AMBRIZ'S REQUESTED JURY INSTRUCTIONS

Document Available (#1029177843)
AMBRIZ, RAMIRO
04-07-2015 CTFREE

KUEHN, DANA: Case called for Jury Trial on _4-6-15_. Both sides present in open court and announce ready for trial. Plaintiff present and represented by _Ryan Childress_. Defendant present and represented by _Mike Mcatee_.

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:____0__

The following jurors are accepted and sworn to try the cause: 12
Alternate 1

Opening statements are made. ___#5__ witnesses sworn. Rule was not invoked. Court reporter _Diana Pauley__. Plaintiff presents evidence and rests. Defendant demurs and demurrer is _Sustained as to one theory_. Defendant presents evidence and rests. Defendant renews his demurrer and the demurrer 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 __4-7-15_, at _10:30__a.m., the jury retires for deliberation in custody of the bailiff. On _4-7-15__, at _11:30__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: 5

04-08-2015 TEXT

JURY MINUTE

Document Available at Court Clerk's Office

04-08-2015 V

VERDICT FORM ( FOR DEFT AMBRIZ ON PLAINTIFF SCOTT'S CLAIM) (SIGNED BY FOREPERSON)

Document Available at Court Clerk's Office

04-08-2015 V

VERDICT FORM ( FOR DEFT AMBRIZ ON PLAINTIFF EDWARD'S CLAIM) (SIGNED BY FOREPERSON)

Document Available at Court Clerk's Office

04-08-2015 V

WHITE VERDICT FORM - PLAINTIFF SCOTT ( NOT SIGNED)

Document Available (#1029071759)

04-08-2015 V

WHITE VERDICT FOR - PLAINTIFF EDWARDS ( NOT SIGNED)

Document Available (#1029071763)

04-08-2015 TEXT

STATEMENT OF THE CASE

Document Available (#1029071767)

04-29-2015 CTFREE

Kuehn, dana: journal entry of judgment entered in favor of defendant Ramiro ambriz.

05-11-2015 JEJ

JOURNAL ENTRY OF JUDGMENT IN FAVOR OF DEFENDANT , RAMIRO AMBRIZ ( SEE INSTRUMENT)

Document Available (#1029447719)
AMBRIZ, RAMIRO

Outcome: Judgment in favor of Defendant.

Plaintiff's Experts:

Defendant's Experts:

Comments: