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Date: 06-02-2015
Case Style: Russell Williams v. Richard J. Bednar
Case Number: CJ-2014-2008
Judge: Carlos Chappelle
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Mark Lyons
Defendant's Attorney: Harry Parrish
Description: Tulsa, OK - 1. The Plaintiffs are residents of the State of Oklahoma and Tulsa County, and were at the time the facts occurred giving rise to this lawsuit.
2. The Defendants are residents ofthe State of Oklahoma and Tulsa County, and were at the time the facts occurred giving rise to this lawsuit.
3. The facts giving rise to this lawsuit occurred in Tulsa County, Oklahoma.
4. Upon service of process on the Defendants, this Court will have jurisdiction over the parties and subject matter of the action.
FIRST CLAIM FOR RELIEF
NEGLIGENCE - RICHARD BEDNAR. JR.
5. The Plaintiffs hereby incorporate paragraphs 1-4 set forth above as if fully set forth herein.
6. On or about April 13, 2014, the Defendant, Richard J. Bednar, Jr., negligently operated a motor vehicle, by slamming into the rear-end of the vehicle occupied by the Plaintiffs at a high rate of speed while they were stopped at a red light.
7. The Defendant committed negligence per se in failing to yield to the Plaintiff’s vehicle, by failing keep a careful lookout and by driving his vehicle in an inattentive manner, Specifically, the Defendant violated the City of Tulsa Municipal Traffic Code, Title 37 in the following ways:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Section 616.C. By failure to stop before entering an intersection while facing a red traffic-control signal light.
Section 607. By disobey a traffic-control device. Section 618. By Driving at an Imprudent Speed for the Conditions Affecting Speed
Section 645.A. By failing to remain alert to the safe operation of a vehicle. Section 645.8. By engaging in an activity that interferes with safe driving. Section 647. By driving in a reckless manner. Section 649.A.2. By driving under the influence of alcohol. Section 659. By Following too Closely Without Due Regard to the Speed and Street Conditions.
Section 800. By leaving the scene of an accident resulting in damage to a vehicle attend or driven by another without giving certain information. Section 802. By failing to report to the police department an accident resulting in injury, death, or damage to property within twenty-four honrs.
8. That as a direct result of the negligence of Defendant, the Plaintiffs suffered serious bodily injuries, as well as property damage.
9. That the Plaintiffs have suffered damages as a result of the negligence of the Defendant, including past and future medical bills, past and future lost wages, and past and future pain and suffering.
10. That as a result of the negligence of the Defendant, each Plaintiff has suffered damages in excess often thousand dollars ($10,000.00).
11. Furthermore, the Defendant acted with reckless disregard for the rights of others, in violation of Oklahoma law. Each Plaintiff requests ajudgment against the Defendant for punitive damages in an amount equal to their actual damages, or the sum of $100,000.00, whichever is greater.
WHEREFORE, PREMISES CONSIDERED, the Plaintiffs pray forjudgment against the Defendant, Richard J. Bednar, Jr. for compensatory damages in an amount in excess of ten thousand dollars ($10,000.00) for each Plaintiff; that the Plaintiffs be awarded punitive damages in the amount of their actual damages, or in the amount of $100,000.00 for each Plaintiff, whichever is greater; that they be awarded costs of the action, pre and post- judgment interest and all other relief to which she may be entitled.
SECOND CLAIM FOR RELIEF
NEGLIGENT ENTRUSTMENT BY
RICHARI J. BEDNAR AND KATHRYN BEDNAR
12. The Plaintiffs hereby incorporate paragraphs 5-11 set forth above as if fully set forth herein.
13. Sometime on or before April 13, 2014, the Defendants, Richard J. Bednar and
Kathryn M. Bednar negligently entrusted the operation and use of a motor vehicle to Richard
J. Bednar, Jr.
14. That Richard 3. Bednar anti Kathryn Bednar knew, or should have known, that Richard Bednar, Jr. was previously charged with and/or convicted of:
A. Driving under the influence of alcohol in the case of State of Oklahoma v. Bednar, Richard John, Jr., CM-20 13-2751, filed in the District Court of Tulsa County, Oklahoma,
B. Driving under the influence of alcohol in the case of State of Oklahoma v. Bednar, Richard John, Jr., CM-2003-628, filed in the District Court of Tulsa County, Oklahoma.
C. Driving under the influence of alcohol in the case of State of Oklahoma v.
Bednar, Richard John, Jr., CF-2005-2683, filed in the District Court of Tulsa
County, Oklahoma, for which the Defendant was sentenced to 3 years in the
Department of Corrections at age of nineteen (19) years old.
D. Distribution of a controlled substance, amended to the misdemeanor charge of possession of marijuana, in the case of State of Oklahoma v. Bednar, Richard John, Jr., CF-2010-1657, filed in the District Court of Tulsa County, Oklahoma.
15. That based above charges and/or convictions, it was foreseeable that Richard John
Bednar, Jr., would operate a vehicle under the influence of intoxicants or drugs and Richard
J. Bednar and Kathryn Bednar knew, or should have known of the likelihood ofRichard John
Bednar, Jr., causing damages if they provided a vehicle for his use.
16. That as a result of the negligence of the Defendants, Richard J. Bednar and Kathryn M. Bednar, each Plaintiff has suffered damages in excess of ten thousand dollars
($10,000.00).
17. Furthermore, it was so foreseeable to Richard J. Bednar and Kathryn Bednar that Richard John Bednar, Jr., would drive a vehicle Richard J. Bednar and Kathryn Bednar provided to him, in a careless, reckless or incompetent manner, or while under the influence of alcohol or drugs and cause damages, that their actions are such a reckless disregard for the rights of others such that punitive damages should be awarded in favor of the Plaintiffs and against Richard J. Bednar and Kathryn Bednar to set an example for them, and others, that their conduct will not be tolerated. The Plaintiffs request they be awarded punitive damages, individually, in the amount of actual damages awarded, or up to $100,000.00, whichever is greater.
Docket
Date Code Description Count Party Amount
05-22-2014 TEXT
Civil relief more than $10,000 Initial Filing.
1
05-22-2014 AUTONEG
AUTO NEGLIGENCE
05-22-2014 DMFE
DISPUTE MEDIATION FEE
$ 2.00
05-22-2014 PFE1
PETITION
Document Available (#1025500068)
$ 163.00
05-22-2014 PFE7
LAW LIBRARY FEE
$ 6.00
05-22-2014 OCISR
Oklahoma Court Information System Revolving Fund
$ 25.00
05-22-2014 CCADMIN02
Court Clerk Administrative Fee on $2 Collections
$ 0.20
05-22-2014 OCJC
Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
05-22-2014 OCASA
Oklahoma Court Appointed Special Advocates
$ 5.00
05-22-2014 CCADMIN04
Court Clerk Administrative Fee on Collections
$ 0.50
05-22-2014 LTF
Lengthy Trial Fund
$ 10.00
05-22-2014 SMF
Summons Fee (Clerks Fee)-3
$ 15.00
05-22-2014 SMIP
Summons Issued - Private Process Server
05-22-2014 TEXT
OCIS has automatically assigned Judge Chappelle, Carlos to this case.
05-22-2014 ACCOUNT
Receipt # 2014-2855997 on 05/22/2014.
Payor:LYONS & CLARK Total Amount Paid: $228.70.
Line Items:
CJ-2014-2008: $178.00 on AC01 Clerk Fees.
CJ-2014-2008: $6.00 on AC23 Law Library Fee.
CJ-2014-2008: $0.70 on AC31 Court Clerk Revolving Fund.
CJ-2014-2008: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2014-2008: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2014-2008: $2.00 on AC64 Dispute Mediation Fees.
CJ-2014-2008: $25.00 on AC79 OCIS Revolving Fund.
CJ-2014-2008: $10.00 on AC81 Lengthy Trial Fund.
06-03-2014 S
Party has been successfully served. SUMMONS SERVED ON RICHARD BEDNAR, PERSONAL SERVICE ON 6-02-14 BY PROCESS SERVER
Document Available (#1025765548)
BEDNAR, RICHARD J JR
06-03-2014 S
Party has been successfully served. SUMMONS SERVED ON KATHRYN M BEDNAR, RESIDENTIAL SERVICE BY SERVING RICHARD BEDNAR (SPOUSE) ON 6-02-14 BY PROCESS SERVER
Document Available (#1025765544)
BEDNAR, KATHRYN M
06-03-2014 S
Party has been successfully served./ FOR FICHARD J BEDNAR JR / RES SRV, SRVD ELIZEBETH BEDNAR, ON 6-2-14, BY PS
Document Available (#1025765556)
BEDNAR, RICHARD J JR
06-20-2014 EAA
QUALIFIED ENTRY OF APPEARANCE AND REQUEST FOR ENLARGEMENT OF TIME IN WHICH TO FURTHER ANSWER OR PLEAD / HARRY A PARRISH ENTERING AS COUNSEL / W-CS / CERTIFICATE OF MAILING
Document Available (#1026258604)
BEDNAR, RICHARD J JR
07-14-2014 A
ANSWER OF DEFENDANTS / CERT OF MAILING
Document Available (#1026484461)
BEDNAR, RICHARD J JR
07-22-2014 MOSJ
DEFT KATHRYN M BEDNARS MOTION FOR SUMMARY JUDGMENT AND BRIEF IN SUPPORT
Document Available (#1026479222)
$ 50.00
07-22-2014 ACCOUNT
Receipt # 2014-2895931 on 07/22/2014.
Payor:FRANDEN WOODARD Total Amount Paid: $50.00.
Line Items:
CJ-2014-2008: $50.00 on AC01 Clerk Fees.
08-11-2014 MO
PLAINTIFFS' MOTION FOR ADDITIONAL TIME TO RESPOND TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT / A TO J / CERTIFICATE OF SERVICE
Document Available (#1026817735)
WILLIAMS, RUSSELL
08-19-2014 RESP
DEFENDANT KATHRYN M BEDNAR'S RESPONS AND OBJECTION TO PLAINTIFFS' MOTION FOR ADDITIONAL TIME TO RESPOND TO MOTION FOR SUMMARY JUDGMENT // A-J // CERT OF MAILING
Document Available (#1026998576)
09-05-2014 DWP
PARTIAL DISMISSAL WITH PREJUDICE BY PLF HIS CLAIM FOR PROPERTY DAMAGE ONLY AGAINST DEFS
Document Available (#1026993091)
BEDNAR, RICHARD J JR
09-08-2014 CTFREE
CHAPPELLE, CARLOS; GRANTED/ORDER GRANTING PLAINTIFFS' MOTION FOR ADDITIONAL TIME; (60 DAYS);
10-07-2014 O
ORDER GRANTING PLAINTIFFS' MOTION FOR ADDITIONAL TIME
Document Available (#1027419693)
10-24-2014 CTFREE
CHAPPELLE, CARLOS; GRANTED/AGREED SCHEDULING ORDER; PRETRIAL SET 4/21/15 AT 10:00 A.M.
11-19-2014 DWOP
PARTIAL DISMISSAL WITHOUT PREJUDICE AGAINST DEF KATHRYN M BEDNAR ONLY
Document Available (#1027832131)
BEDNAR, KATHRYN M
11-19-2014 DISPDWOP
PARTIAL DISMISSAL WITHOUT PREJUDICE
1 BEDNAR, KATHRYN M
12-01-2014 SCHO
AGREED SCHEDULING ORDER / 10-24-14
Document Available (#1027973858)
03-11-2015 CTFREE
CHAPPELLE, CARLOS; PRETRIAL 4/21/15 STRICKEN AT REQUEST OF PARTIES AND PASSED TO 5/19/15 AT 9:00 A.M.
03-13-2015 MOSJ
DEFENDANT RICHARD J BEDNAR JR'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND BRIEF IN SUPPORT (BY ATTY HARRY PARRISH FOR DEF) A2J
Document Available (#1028987342)
$ 50.00
03-13-2015 MOSJ
DEFENDANT RICHARD J BEDNAR'S MOTION FOR SUMMARY JUDGMENT AND BRIEF IN SUPPORT (A/J)
Document Available (#1028258477)
$ 50.00
03-13-2015 ACCOUNT
Receipt # 2015-3047828 on 03/13/2015.
Payor:FRANDEN WOODARD Total Amount Paid: $50.00.
Line Items:
CJ-2014-2008: $50.00 on AC01 Clerk Fees.
03-13-2015 ACCOUNT
Receipt # 2015-3047830 on 03/13/2015.
Payor:FRANDEN WOODARD Total Amount Paid: $50.00.
Line Items:
CJ-2014-2008: $50.00 on AC01 Clerk Fees.
03-17-2015 MO
UNOPPOSED MOTION TO CONTINUE PRETRIAL CONFERENCE / A TO J / CERTIFICATE OF MAILING
Document Available (#1029064543)
BEDNAR, RICHARD J
03-23-2015 CTFREE
CHAPPELLE, CARLOS; GRANTED/ORDER CONTINUING PRETRIAL; PRETRIAL SET 5/19/15 AT 9:00 A.M.
03-23-2015 O
Order CONTINUING PRETRIAL / SEE ABOVE ENTRY /
Document Available (#1029068061)
03-31-2015 RESP
PLAINTIFFS' RESPONSE TO RICHARD BEDNAR JR'S MOTION FOR SUMMARY JUDGMENT / A2J
Document Available (#1029182173)
WILLIAMS, RUSSELL
03-31-2015 RESP
PLAINTIFFS' RESPONSE TO RICHARD BEDNAR SR'S MOTION FOR SUMMARY JUDGMENT / A2J
Document Available (#1029182169)
WILLIAMS, RUSSELL
04-06-2015 MO
DEFENDANT RICHARD J BEDNAR JR'S MOTION FOR LEAVE TO FILE REPLY BRIEF / A TO J / CERTIFICATE O FMAILING
Document Available (#1029177761)
BEDNAR, RICHARD J
04-06-2015 MO
DEFENDANT RICHARD J BEDNAR'S MOTION FOR LEAVE TO FILE REPLY / BRIEF / A TO J / CERTIFICATE OF MAILING
Document Available (#1029177757)
BEDNAR, RICHARD J JR
04-08-2015 CTFREE
CHAPPELLE, CARLOS; GRANTED/ORDER GRANTING RICHARD J. BEDNAR, JR. LEAVE TO FILE REPLY BRIEF;
04-08-2015 O
Order GRANTING RICHARD J BEDNAR JR LEAVE TO FILE REPLY BRIEF /
Document Available (#1029176926)
04-09-2015 CTFREE
CHAPPELLE, CARLOS; GRANTED/ORDER GRANTING RICHARD J BEDNAR LEAVE TO FILE REPLY BRIEF; (BY 4/16/15)
04-09-2015 O
ORDER GRANTING RICHARD J BEDNAR LEAVE TO FILE REPLY BRIEF
Document Available (#1029176305)
04-14-2015 R
DEFENDANT RICHARD J BEDNAR'S REPLY TO PLAINTIFFS' RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT / CERTIFICATE OF MAILING
Document Available (#1029263549)
BEDNAR, RICHARD J
04-14-2015 R
DEFENDANT RICHARD J BEDNAR JR REPLY TO PLAINTIFFS' RESPONSE TO DEFENDATN'S MOTION FOR PARTIAL SUMMARY JUDGMENT / A TO J / CERTIFICATE OF MAILING
Document Available (#1029263545)
BEDNAR, RICHARD J JR
05-18-2015 DISPCVDM
KUEHN, DANA; CASE IS STRICKEN AS SETTLED.
1 BEDNAR, RICHARD J
05-18-2015 DISPCVDM
KUEHN, DANA; CASE IS STRICKEN AS SETTLED.
1 BEDNAR, RICHARD J JR
06-02-2015 DWP
DISMISSAL WITH PREJUDICE BY PLT
Document Available (#1029610953)
BEDNAR, RICHARD J JR
Outcome: 06-02-2015 DISPCVDMWP
DISMISSAL WITH PREJUDICE
2 BEDNAR, RICHARD J
06-02-2015 DISPCVDMWP
DISMISSAL WITH PREJUDICE
2 BEDNAR, RICHARD J JR
06-02-2015 DISPCVDMWP
DISMISSAL WITH PREJUDICE
2 BEDNAR, KATHRYN M
Plaintiff's Experts:
Defendant's Experts:
Comments: