Date: 04-06-2018

Case Style:

Case Number: CJ-2013-4918

Judge: Rebecca B. Nightingale

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Tony Laizure and Ted Skarbowski, Robert Talaska

Defendant's Attorney: Mike Barkley, Jim Connor, Grant Fitz, David Graves, Tom Hull, Mary Nesser and Linsey Elizabeth Williams

Description: Tulsa, OK - Dustin Davis and Whitney Davis sued Thrisha L. Parks Beakey, D.O. and Saint Francis Hospital, Inc. on medical negligence (medical malpractice) theories.

This case involved the pregnancy and labor and delivery of Whitney Davis and her son, Benjamin Davis. Dr. Parks cared for Whitney during the pregnancy and labor and delivery. Plaintiffs claimed that Dr. Parks was negligent in her prenatal and labor and delivery case and that neglignece caused Benjamin's injuries and impairment of his should and arm.

Dr. Parks denied all of the allegations of negligence and maintained that her treatment at all times met the standard of care.

Outcome: 04-06-2018 CTFREE

NIGHTINGALE, REBECCA: STATEMENT OF THE CASE AND INSTRUCTIONS OF LAW ENTERED;

NOW ON THIS 2ND DAY OF APRIL, 2018, THE DISTRICT COURT OF TULSA COUNTY, OKLAHOMA RECONVENES PURSUANT TO ADJOURNMENT. PRESENT AND PRESIDING: HONORABLE REBECCA B. NIGHTINGALE, DISTRICT JUDGE; KEMA HICKS, COURT REPORTER, COURT REPORTER; BROOKE GOLIGHTLY, BAILIFF; DENISE BRAMANTE, MINUTE CLERK. PUBLIC PROCEEDINGS WERE HAD TO WIT:

CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFFS, DUSTIN AND WHITNEY DAVIS, ARE PRESENT IN PERSON AND WITH COUNSEL, ANTHONY LAIZURE, ROBERT TALASKA AND JARED BAZIS: DEFENDANT, TRISHA PARKS DO, IS PRESENT IN PERSON AND WITH COUNSEL JAMES CONNOR AND GRANT FITZ.

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

OPENING STATEMENT IS MADE BY THE PLAINTIFF. OPENING STATEMENT MADE BY DEFENDANT. KEMA HICKS, COURT REPORTER. RULE OF SEQUESTRATION. EIGHT (8) WITNESSES ARE SWORN. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEFENDANT'S MOTION FOR DEMURRER AND DIRECTED VERDICT IS DENIED. DEFENDANT PRESENTS EVIDENCE AND RESTS. DEFENDANT'S RENEWED MOTION FOR DIRECTED VERDICT IS DENIED. 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 10:52 AM ON APRIL 6, 2018, THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 12:02 PM ON APRIL 6, 2018, THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT, WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT:

VERDICT FORM FOR DEFENDANT TRISHA PARKS DO.

WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANT, TRISHA PARKS DO.

JURY POLLED. 10 OUT OF 12 JURORS CONCURRING. JURY RELEASED.

Plaintiff's Experts: Dr. Michael Hall, M.D., John E. Dahlberg, M.S., William M. Clar, Ph.D., (education and training), David Siegler (future medical needs)

Defendant's Experts: Dr. Scott Bailey, M.D.

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