Date: 04-02-2014

Case Style: Montana Tatum v. Alan Tatum

Case Number: CJ-2013-585

Judge: Sheila A. Condren

Court: District Court, Rogers County, Oklahoma

Plaintiff's Attorney: Greg Laird

Defendant's Attorney: Mike Masterson

Description: Claremore, Rogers County, Oklahoma - Plaintiff personal injury lawyer Greg Laird represented Montana Tatum who sued Alan Tatum on a premises liability theory for injuries and damages.

COME NOW Plaintiff, Montana Tatum, individually (hereinafter Plaintif for his cause of action against Defendant, Alan Tatum, (hereinafter Defendant) state as follows:
THE PARTIES
1. Plaintiff was a citizen and resident of Rogers County, Oklahoma at the time of the incident hereinafter described.
2. Defendant Alan Tatum was a citizen and resident of Rogers County, Oklahoma at the time of the incident hereinafter described.
JURISDICTION AND VENUE
3. This is an action arising from an incident that occurred in Rogers County, Oklahoma, when Defendant’s land caught on fire and Plaintiff was injured.
4. This Court has jurisdiction over the parties hereto, jurisdiction of the subject matter hereof, and venue is proper.
THE CAUSE OF ACTION
5. On February 21, 2012, an incident occurred when a fire erupted on the Defendant’s property causing multiple injuries to the Plaintiff.
6. The incident occurred on 2780 South 4250 Road in Chelsea, Oklahoma.
7. The fire hurt Plaintiff and caused the injuries and damages to Plaintiff that are described below.
8. At all times Plaintiff was acting in a safe and prudent manner.
CAUSATION OF PLAINTIFF’S INJURIES AND DAMAGES
9. The injuries and damages sustained by the Plaintiff, more particularly described below, were produced in a natural and continuous sequence from Defendant and/or Defendant’s negligence.
COMPENSATORY DAMAGES SUSTAINED BY PLAINTIFF
10. The injuries and damages sustained by the Plaintiff as a result of Defendant and/or Defendant violations of one or more of the above described safety rules, include but are not limited to the following:
A. Plaintiff’s physical pain and suffering, past and future;
B. Plaintiff’s mental pain and suffering, past and future;
C. Plaintiff’s age;
D. Plaintiff’s physical condition immediately before and after the accident;
E. The nature and extent of Plaintiffs injuries;
F. Whether the injuries are permanent;
G. The physical impairment;
H. The disfigurement;
I. Loss of [earnings/time];
J. Impairment of earning capacity;
K. The reasonable expenses of the necessary medical care, treamient, and services, past and future.
Pursuant to the provisions of 12 0.5. §3226(A)(2)(a), Plaintiff submits this preliminary computation of damages sought in this lawsuit. As this is an action for injuries suffered by an adult, Plaintiff advise that all damages recoverable by law are sought, including those listed in OUJI3d 4.1. Under item (K), Plaintiff Montana Tatum’s medical bills total $2,780.28. At this point, Plaintiff does not know the amount of future medical expense. These items are among the elements for the jury to consider in fixing the amount of damages to award to Plaintiff. Other than the amounts which Plaintiff has specifically identified, and which are capable of being ascertained to some degree of certainty, Plaintiff is unable to guess or speculate as to what amount of damages a jury might award.
AMOUNT OF DAMAGES
32. The Plaintiffs injuries and damages are in excess of the amount required for diversity jurisdiction under 28 USC 1332 (currently $75,000.00) plus interest, costs and all such other and further relief for which should be awarded as judgment against the Defendant in an amount to fully and fairly compensate Plaintiff for each and every element of damages that has been suffered, including punitive damages.
DEMAND FOR JURY TRIAL
33. Plaintiff demands a jury trial for all issues of fact presented by this action.
RESERVATION OF ADDITIONAL CLAIMS
34. Plaintiff reserves the right to plead further upon completion of discovery to state additional claims and to name additional parties to this action.
WHEREFORE, Plaintiff prays for judgment against the Defendant in a sum in excess of thc
amount required for diversity jurisdiction under 28 USC 1332 (currently $75,000.00) plus interest, costs, punitive damages and all such other and further relief as to which Plaintiff may be entitled.

Outcome: COMES NOW the Plaintiff, Montana Tatum,and dismisses his causes of action as to Defendant without prejudice as to refiing of same.

Plaintiff's Experts:

Defendant's Experts:

Comments: