Date: 04-22-2016

Case Style: Jon Cupp and Kaytline Jenimarie Cupp v. Baylee Lynn Capps

Case Number: CJ-2013-4816

Judge: Linda G. Morrissey

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Gary Eaton and Bill Sparks

Defendant's Attorney: Gene Robinson

Description: Tulsa, OK - Jon Cupp and Kaytline Jenimarie Cupp sued Baylee Lynn Capps on auto negligence theories claiming:

1. Plaintiff JON CUPP was at all times pertinent hereto a resident of Tulsa Tula County, Oklahoma, and was the father and next friend of KAYTLIN JENIMARE CUPP who was at all times pertinent hereto a resident of Tulsa, Tulsa County, Oklahoma.
Plaintiff JON CUPP was also the owner of a Honda Accord motor vehicle that was operated by Plaintiff KAYTLIN JENIMARIE CUPP, who was a permissive user.
2. Plaintiff KAYUN JENIMARIE CUPP was at all times pertinent hereto a resident of Tulsa Tula County, Oklahoma, and was the daughter of Plaintiff JON CUPP.
3. Defendant BAYLEE LYNN CAPPS was at all times pertinent hereto a


resident of Tulsa, Tulsa County, Oklahoma.




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4. On December 16, 2011, Plaintiff KAYTLIN JENIMARIE CUPP was d·-r·i, y••1n.· g
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the Honda Accord motor vehicle that was owned by her father Plaintiff JOH CU!:']!=! in a _;.
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OBA#2598 and OBA #8478
PRAYER IN EXCESS OF $75,000.00

westerly direction in a designated traff ic lane in the parking lot at Union High School in Tulsa, Tulsa County, Oklahoma. At the same Defendant CAPPS drove her Honda Accord motor vehicle in a southerly direction through and from a designated parking space, between two parked motor vehicles, and into the right or passenger side of Plaintiff CUPP's motor vehicle in the parking lot of Union High School.

5. Defendant BAYLEE LYNN CAPPS was negligent as follows:

A failed to stop and or yield right of way from a parking space to another motor vehicle that was being driven in a designated driving lane and proceeding straight ahead that are so close as to constitute an immediate hazard;

B. failed to provide an appropriate and timely signal of her intent exit a designated parking space and enter a designated traffic lane;

C Failed to remain alert and give full attention to the safe operation of her motor vehicle; and

D. Failed to exercise that degree of attention, care and caution that a reasonably prudent person would have exercised under the same or similar circumstances.

6. The negligence of Defendant CAPPS was the direct cause of the motor vehicle collision described in Paragraph
4. above.

7. The motor vehicle collision described in paragraph 4. above was the direct cause of and inflicted serious and painfully disabling injuries upon Plaintiff KAYTLIN JENIMARIE CUPP.

8. The motor vehicle collision described in paragraph 4. above was also the direct cause of and severe physical damage to Plaintiff CUPP's motor vehicle resulting in its total loss.

9. At the time of the motor vehicle collision described in paragraph 4. above Plaintiff KAYTLIN JENIMARIE CUPP was a healthy and active 17 year old female with a reasonable life expectancy of at least 62 years. As a direct result the motor vehicle collision described in paragraph 4. above she sustained personal injuries including but not limited to neck and back injuries that required medical attention and treatment. She sustained compensable damages as follows:
A. Medical expenses, past and future;
B. Physical pain, past and future;
C. Mental pain, past and future;
D. Permanent disability; and
E. General Joss of health and loss of quality of life;

10. Plaintiff JON CUPP also sustained compensable damages as a result of the above described motor vehicle collision as follows:
A. Property damages;
B. Medical expenses, past and future, for medical care provided to Plaintiff KAYTLIN JENIMARIE CUPP;
C. Consequential loss of earnings for time devoted to caring for and tending to Plaintiff KAYTLIN JENIMARIE CUPP.

Outcome: MORRISSEY, LINDA G; CASE COMES ON FOR JURY TRIAL; PLAINTIFF, KAYTLINE JENIMARIE CUPP PRESENT IN PERSON AND REPRESENTED BY GARY EATON; DEFENDANT, BAYLEE LYNN CAPPS PRESENT IN PERSON AND REPRESENTED BY GENE ROBINSON AND SPENCER PITTMAN; GARY WOODSON, COURT REPORTER; A DETAILED MINUTE WILL BE ENTERED AT THE CONCLUSION OF THE JURY TRIAL;

04-22-2016 CTFREE

MORRISSEY, LINDA G; CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF, KAYTLINE JENIMARIE CUPP, APPEARED IN PERSON AND REPRESENTED BY GARY EATON. DEFENDANT, BAYLEE LYNN CAPPS, APPEARED IN PERSON AND REPRESENTED BY GENE ROBINSON AND SPENCER PITTMAN.

THE JURORS ARE CALLED AND SWORN AS TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. THE JURORS ARE ACCEPTED FOR CAUSE. ONE (1) JUROR IS EXCUSED FOR CAUSE. THREE (3) PEREMPTORY CHALLENGES ARE MADE BY THE PLAINTIFF. THREE (3) PEREMPTORY CHALLENGES ISSUED BY THE DEFENDANT. TWELVE (12) JURORS ARE ACCEPTED AND SWORN TO TRY THE CAUSE.

OPENING STATEMENTS ARE MADE. WITNESSES ARE SWORN. GARY WOODSON, COURT REPORTER. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEFENDANT PRESENTS EVIDENCE AND RESTS. BOTH SIDES REST.

THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE ALTERNATE JUROR(S) ARE EXCUSED. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 10:40 AM ON APRIL 22ND, 2016, THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 11:45 AM ON APRIL 22ND, 2016, 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, EMPANELLED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND IN FAVOR OF THE DEFENDANT, BAYLEE LYNN CAPPS.

JURY POLLED
TWELVE (12) JURORS CONCURRING SIGNED, FOREPERSON.
JURY DISCHARGED

04-22-2016 DISPOTHER

MORRISSEY, LINDA G; JURY FOUND IN FAVOR OF THE DEFENDANT;

Plaintiff's Experts:

Defendant's Experts:

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