Date: 07-14-2014

Case Style: Patrick Rhine v. Steven Johns

Case Number: CJ-2013-5324

Judge: Linda G. Morrissey

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Dan Smolen and Oleg Roytman

Defendant's Attorney: Brad Roberson

Description: Patrick Rhine v. Steven Johns

1. Plaintiff, Patrick Rhine, is a resident of Tulsa County, Oklahoma.
2. The Defendant, Steven Johns, is a resident of Tulsa County, Oklahoma.
3. The accident and injuries that are the subject of this dispute occurred in Tulsa County;
Oklahoma.
4 This Court has junsdiction and venue is proper in Tulsa County, State of Oklahoma -
FACTS COMMON TO ALL CLAIMS
5. Paragraphs 1-4 are incorporated herein by reference.
6. On or around March 16, 2012, Patrick Rhine was traveling southbound on North Sheridan Road near East Admiral Boulevard.
7. On or around March 16, 2012, Steven Johns was exiting Arby’s at 6331 £ Admiral Boulevard from the North exit. Defendant negligently failed to yield to Plaintiff causing Plaintiff to crash into Defendant’s vehicle.
8. The collision resulted in substantial damage to the Plaintiff’s vehicle.
9. The force exerted on Plaintiff from this collision resulted in serious injuries to his person.
CAUSE OF ACTION
I. Negligence
10. Paragraphs 1-9 are incorporated herein by reference.
11. Defendant owed a duty to the Plaintiff and all other drivers on the road, to operate the vehicle under his 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 Plaintiff and all other drivers on the road, the Defendant breached the duty he owed to the Plaintiff.
13. This breach by the Defendant was the actual and proximate cause of Plaintiff’s injuries.
14. As a result of Defendant’s negligence, the Plaintiff has suffered property damage. The Plaintiff has also suffered personal injury, including medical expenses, mental and physical pain and suffering, lost wages, and other actual damages in excess of Ten Thousand Dollars
($10,000.00).
II. Punitive Damages
15. Paragraphs 1-14 are incorporated herein by reference.
16. The intentional, wanton and reckless conduct of Defendant in disregard of the safety and well being of Plaintiff and others is, and was, conducted with full knowledge, in that Defendant
knew, or should have known, of the severe adverse consequences of the negligent operation of his vehicle, That such actions and/or inactions were not only detrimental to Plaintiff, but the public in general.
WHEREFORE, based on the foregoing, Plaintiff prays that this Court grant him the relief sought including, but not limited to, actual damages in excess of Ten Thousand Dollars ($10,000.00), with interest accruing from date of filing of suit, punitive damages in excess of Ten Thousand Dollars ($10,000.00), reasonable attorneys fees, and all other relief deemed appropriate by this Court.

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: