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Date: 06-13-2014
Case Style: Edward D. Mayes v. Stephanie A. Salusky and State Farm Mutual Automobile Insurance Company
Case Number: CJ-2013-4879
Judge: Linda G. Morrissey
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney:
Defendant's Attorney: Tracy Zahl for Stephanie A. Salusky
John Gladd for State Farm Autombile Insurance Company
Description: Edward D. Mayes v. Stephanie A. Salusky and State Farm Mutual Automobile Insurance Company
1. The Plaintitg Darlene Washington, is a resident of Tulsa County, Oklahoma.
2. The Plaintiff, Veronica Washington, is a resident of Tulsa County, Oklahoma.
3. Defendant, Alexandra Ferguson-Tate, is a resident of Tulsa County, Oklahoma.
4. The accident and injuries that are the subject of this dispute occurred in Tulsa County, Oklahoma.
5. The Plaintiff, Darlene Washington brings this claim under 12 O.S. § 1054 as Next of Kin to deceased minor, A.W., who was killed as a result of the car accident described herein.
6. This Court has jurisdiction and venue is proper in Tulsa County, State of Oklahoma.
FACTS COMMON TO ALL CLAIMS
7. Paragraphs 1-6 are incorporated herein by reference.
8. On or around October 22, 2011, Plaintiff Veronica Washington was traveling eastbound onE. Marshall Street. The Plaintiff stopped at the stop sign at the intersection of E. Marshall St. and N. Cincinnati Avenue. As she proceeded to cross eastbound through the intersection she was struck by Defendant, who was traveling at a high rate of speed. Deceased Minor, A.W. was riding as a passenger with Veronica Washington. A.W. was killed as a result of the impact.
9. The force exerted on Plaintiffs from this collision resulted in serious injuries to their persons.
FIRST CAUSE OF ACTION
General Ne2lience
10. Paragraphs 1-9 are incorporated herein by reference.
11. Defendant Ferguson-Tate owed a duty to the Plaintiffs, and all other drivers on the road, to operate the vehicle under her control in a safe and reasonable manner, using ordinary care to prevent injury to other persons and to keep a lookout consistent with the safety of other vehicles.
12. By failing to operate the vehicle in such a way, and by acting recklessly with complete disregard for the health and well-being of the Plaintiffs, Veronica Washington and A.W., and all other drivers on the road, the Defendant breached the duty she owed to the Plaintiffs.
13. This breach by the Defendant was the actual and proximate cause of Plaintiffs’ injuries.
14. As a result of Defendants negligence, the Plaintiffs have suffered property damage, personal injuries, including medical expenses, mental and physical pains and sufferings, and other actual damages in excess of $75,000.00.
Outcome: 06-13-2014 DISPCVDMWP 1 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY 90365776 Jun 16 2014 7:41:05:040AM - $ 0.00
DISMISSAL WITH PREJUDICE
Plaintiff's Experts:
Defendant's Experts:
Comments: