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Date: 05-11-2015
Case Style: Lamont M. Hines v. Samuel A. Smith, Controlled Waster, Inc. d/b/a Pinnacle Environmental, Inc.
Case Number: CJ-2013-5817
Judge: Jefferson D. Sellers
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Don Smolen
Defendant's Attorney: David Donchin and Glen Mullins
Description: Tulsa, OK - Lamont M. Hines sued Samuel A. Smith, Controlled Waster, Inc. d/b/a Pinnacle Environmental, Inc. on an auto negligence theory claiming:
1 That the Plaintiff is are resident of Tulsa County, State of Oklahoma, that Defendant,
(DL— SAMUEL A. SMITH, is a resident of Tulsa County, State of Oklahoma; and, that Ddfetdant,
CONTROLLED WASTE, INC. is a domestic corporation doing business in the State of Oklahoma.
That the complaint alleged herein occurred in Tulsa County, State of Oklahoma, and that thisCourt
has jurisdiction over the parties and the subject matter herein.
FIRST CAUSE OF ACTION
2. On January 20,2012, in Tulsa, Oklahoma, the Defendant, SAMUEL A. SMITH, negligently drove his vehicle into another vehicle, striking the Plaintiff; LAMONT M. HINES.
3. The Plaintiff is informed and believe that at all times relative hereto, and specifically at the time of the accident from which this cause of action arose, the Defendant, SAIvIUEL A. SMITH, was
not acting in an individuai capacity and that said Defendant, SAMUEL A. SMITH, was the agent, servant, and employee of Defendant, CONTROLLED WASTE, INC., performing said acts for the Defendant, CONTROLLED WASTE, INC., within the scope and course of his agency, servitude, and employment; carrying on and furthering the business interests ofthe Defendant, CONTROLLED WASTE, INC.; and further, that the vehicle which Defendant, SAMUEL A. SMITH, was driving was owned and serviced by Defendant, CONTROLLED WASTE, NC., and therefore, any negligence of the Defendant, SAMUEL A. SMITH, should also be directly imputed to the Defendant, CONTROLLED WASTE, NC.
4. As a result of the negligence of the Defendants, SAMIJEL A. SMITH and CONTROLLED WASTE, INC., Plaintiff, LAMONT M. HINES, was injured and his injuries are permanent, painful and progressive. When injured, Plaintiff, LAMONT M. HINES, was 38 years of age with a life expectancy of 36.3 more years according to the U.S. Census Bureau, Statistical Abstract of the United States: 2012.
5. As a result of the injuries, Plaintiff, LAMONT M. HINES, has and will incur medical expenses, has and will suffer pain of mind and body, has sustained permanent injury, has and will lose wages and has had his earning capacity impaired.
Docket
Date Code Description Count Party Amount
12-26-2013 TEXT
Civil relief more than $10,000 Initial Filing.
1
12-26-2013 AUTONEG
AUTO NEGLIGENCE
12-26-2013 DMFE
DISPUTE MEDIATION FEE
$ 2.00
12-26-2013 PFE1
PETITION
Document Available (#1023605273)
$ 163.00
12-26-2013 PFE7
LAW LIBRARY FEE
$ 6.00
12-26-2013 OCISR
Oklahoma Court Information System Revolving Fund
$ 25.00
12-26-2013 CCADMIN02
Court Clerk Administrative Fee on $2 Collections
$ 0.20
12-26-2013 OCJC
Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
12-26-2013 OCASA
Oklahoma Court Appointed Special Advocates
$ 5.00
12-26-2013 CCADMIN04
Court Clerk Administrative Fee on Collections
$ 0.50
12-26-2013 LTF
Lengthy Trial Fund
$ 10.00
12-26-2013 SMF
Summons Fee (Clerks Fee)-2
$ 10.00
12-26-2013 SMIP
Summons Issued - Private Process Server-2
12-26-2013 TEXT
OCIS has automatically assigned Judge Sellers, Jefferson D. to this case.
12-26-2013 ACCOUNT
Receipt # 2013-2750490 on 12/26/2013.
Payor:SMOLEN & SMITH Total Amount Paid: $223.70.
Line Items:
CJ-2013-5817: $173.00 on AC01 Clerk Fees.
CJ-2013-5817: $6.00 on AC23 Law Library Fee.
CJ-2013-5817: $0.70 on AC31 Court Clerk Revolving Fund.
CJ-2013-5817: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2013-5817: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2013-5817: $2.00 on AC64 Dispute Mediation Fees.
CJ-2013-5817: $25.00 on AC79 OCIS Revolving Fund.
CJ-2013-5817: $10.00 on AC81 Lengthy Trial Fund.
01-10-2014 S
Party has been successfully served. SUMMONS SERVED ON SAMUEL A SMITH / CERTIFIED MAIL / SIGNED BY VIOLA SIMPSON / DELIVERED ON 12-30-13
Document Available (#1023927295)
SMITH, SAMUEL A
01-21-2014 EAA
ENTRY OF APPEARANCE (DAVID DONCHIIN ENTERS AS COUNSEL - COVERSHEET ATTACHED) / CERTIFICATE OF MAILING
Document Available (#1024088682)
SMITH, SAMUEL A
01-21-2014 TEXT
RESERVATION OF ADD'L TIME TO PLEAD OR ANSWER / CERTIFICATE OF MAILING
Document Available (#1024088686)
SMITH, SAMUEL A
01-27-2014 EAA
ENTRY OF APPEARANCE (DAVID DONCHIN ENTERS AS COUNSEL - COVERSHEET ATTACHED) / CERTIFICATE OF MAILING
Document Available (#1024082931)
CONTROLLED WASTE INC
01-27-2014 TEXT
RESERVATION OF ADD'L TIME TO PLEAD OR ANSWER / CERTIFICATE OF MAILING
Document Available (#1024082927)
CONTROLLED WASTE INC
01-28-2014 S
Party has been successfully served. BARRY SIMPSON, AGENT, SERVED / CERTIFIED MAIL / SIG ILLEGIBLE / DEL ON 1-17-14
Document Available (#1024083657)
02-18-2014 A
ANSWER OF DEFT SAMUEL A SMITH TO PLTF'S PETITION FOR DAMAGES (DAVID B DONCHIN & GLEN MULLINS ENTER AS COUNSEL - COVERSHEET ATTACHED) / CERTIFICATE OF MAILING
Document Available (#1024322065)
SMITH, SAMUEL A
02-18-2014 A
ANSWER OF DEFT CONTROLLED WASTE IN TO PLTF'S PETITION FOR DAMAGES / CERTIFICATE OF MAILING
Document Available (#1024322069)
CONTROLLED WASTE INC
02-18-2014 EAA
ENTRY OF APPEARANCE (GLEN MULLINS ENTERS AS COUNSEL - COVERSHEET ATTACHED) / CERTIFICATE OF MAILING
Document Available (#1024322061)
SMITH, SAMUEL A
08-11-2014 REQ
Request FOR STATUS / SCHEDULING CONFERENCE / A TO J / CERTIFICATE OF MAILING
Document Available (#1026817647)
HINES, LAMONT M
08-12-2014 CTFREE
SELLERS, JEFFERSON D.: order entered setting scheduling conference on 9-2-14 at 10:00 am.
08-14-2014 O
ORDER SETTING STATUS/SCHEDULING CONFERENCE SET FOR SEPT 2,2014 @10:00 AM ROOM 713
Document Available (#1026816936)
09-02-2014 CTFREE
SELLERS, JEFFERSON D.: Scheduling order entered. Pretrial conference set 1-20-15 at 10:00 am.
09-03-2014 SCHO
SCHEDULING ORDER
Document Available (#1026992873)
10-16-2014 WL
PRELIMINARY WITNESS AND EXHIBIT LIST
Document Available (#1027423481)
10-17-2014 WL
PRLIMINARY WITNESS AND EXHIBIT LIST OF DEFENDANTS / CERTIFICATE OF MAILING
Document Available (#1027500802)
CONTROLLED WASTE INC
10-23-2014 NO
Notice OF SUBPOENA DUCES TECUM / CERTIFICATE OF MAILING
Document Available (#1027505939)
CONTROLLED WASTE INC
11-06-2014 CTFREE
SELLERS, JEFFERSON D.: Agreed order for production of medical records entered.
11-07-2014 O
AGREED ORDER FOR PRODUCTION OF MEDICAL RECORDS
Document Available (#1027776513)
11-19-2014 WL
FINAL WITNESS AND EXHIBIT LIST
Document Available (#1027833949)
HINES, LAMONT M
12-22-2014 NO
NOTICE OF SUBPOENA DUCES TECUM
Document Available (#1028057352)
12-31-2014 EXHI
DEFENDANTS' TRIAL EXHIBIT S LIST
Document Available (#1028053139)
SMITH, SAMUEL A
01-07-2015 MO
Motion TO INTERVENE / A TO J / LUMBERMANS' UNDERWRITING ALLIANCE /CERTIFICATE OF SERVICE
Document Available (#1028260275)
HINES, LAMONT M
01-12-2015 CTFREE
SELLERS, JEFFERSON D.: Order entered allowing Lumbermens to intervene.
01-12-2015 O
Order ALLOWING LUMBERMENS' UNDERWRITING ALLIANCE TO INTERVENE
Document Available (#1028394189)
01-20-2015 CTFREE
SELLERS, JEFFERSON D.: case comes on for pretrial conference. Don Smolen appears for plaintiff Glen Mullins appears for defendants. Pretrial conference is passed to 4-20-15 at 10:00 am to allow time to participate in private mediation.
04-15-2015 DISPCVDM
SELLERS, JEFFERSON D.: Per Victoria with don Smolen pretrial conference is stricken as settled.
1 CONTROLLED WASTE INC
04-15-2015 DISPCVDM
SELLERS, JEFFERSON D.: Per Victoria with don Smolen pretrial conference is stricken as settled.
1 SMITH, SAMUEL A
05-01-2015 DWP
PLAINTIFFS IN INTERVENTION'S DISMISSAL WITH PREJUDICE
Document Available (#1029447633)
SMITH, SAMUEL A
05-11-2015 DWP
DISMISSAL WITH PREJUDICE BY PLT
Document Available (#1029447667)
SMITH, SAMUEL A
05-11-2015 DISPCVDMWP
DISMISSAL WITH PREJUDICE
1 SMITH, SAMUEL A
05-11-2015 DISPCVDMWP
DISMISSAL WITH PREJUDICE
1 CONTROLLED WASTE INC
05-11-2015 DISPCVDMWP
DISMISSAL WITH PREJUDICE
1 Lumbermens Underwriting Alliance
Outcome: Settled and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: