Date: 01-27-2016

Case Style: Bobby Damron v. Josue Say Cano

Case Number: CJ-2014-227

Judge: Thad Balkman

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: E.W. Keller

Defendant's Attorney: Ed Saheb

Description: Norman, OK - Bobby Damron and Stephanie Damron, individually and as Mother and Next Fried of the Minor Chidren DD, CD and Sd, sued Josue Say Cano d/b/a Ital Auto Sales on auto negligence theories claiming:

FIRST CAUSE OF ACTION

That the collision described herein occurred in Cleveland County. This Court has jurisdiction over the parties and subject matter.

II.

That on September 8, 2013 Bobby Damron was driving his 2000 Lincoln automobile East on Post Oak Road approaching 60th Avenue SE at approximately 3:30
p.m. in Norman, Cleveland County, Oklahoma. That the Defendant while driving a 2008 Chevrolet automobile South on 60th Avenue SE failed to yield from a stop sign and collided with Plaintiff, Bobby Damron's automobile resulting in injuries and damages to all Plaintiffs as will hereinafter be more specifically set forth.

III.

That the damages and injuries sustained by the Plaintiffs, and each of them, were the direct and proximate result of the carelessness and negligence of the Defendant.

IV.

That by reason of the collision herein the Plaintiff, Bobby Damron, sustained injuries to his neck and body which injuries have caused this Plaintiff to suffer severe pain, apprehension, disability and suffering which he will have in the future. Plaintiff Bobby Damron has and will incur medical expenses for the necessary care and treatment to his injuries. That by reason of his injuries and medical expense this Plaintiff has been damaged in a sum in excess of $75,000.00.

WHEREFORE, this Plaintiff prays for judgment against the Defendant for a sum in excess of $75,000.00 and for the costs of this action.

SECOND CAUSE OF ACTION

COMES NOW the Plaintiff, Stephanie Damron, individually, and for her cause of action against the Defendant, alleges and states:

V.

This Plaintiff adopts and realleges all the material allegations contained in the First Cause of Action to this Petition as if fully set out herein.

VI.

That Plaintiff suffered injuries to her body. Said injuries are permanent and progressive in nature and have and will cause Plaintiff to suffer pain, apprehension, disability, and restrictions. That Plaintiff has incurred medical expense and will incur future medical expense for the necessary care and treatment to her injuries.

WHEREFORE, Plaintiff, Stephanie Damron, prays forjudgment against the Defendants, and each of them, for a sum in excess of $75,000.00 and for the costs of this action.
THIRD CAUSE OF ACTION

COMES NOW the Plaintiff, Stephanie Damron, as natural mother and next friend on behalf of the minor child, DD and for this cause of action against the Defendants, and each of them, alleges and states:

VII.

This plaintiff adopts and realleges all allegations set forth the previous causes of action to this Petition as if fully set out herein.

VIII.

That the Plaintiff DD suffered injuries to his body. Such injuries have caused this Plaintiff to suffer disability, pain, suffering restriction, and apprehension all of which he will continued to suffer in the future. That by reason of said injuries Plaintiff has been damaged in a sum in excess of $75,000.00.

WHEREFORE, this Plaintiff, DD a minor, by and through his mother natural mother and next friend, Stephanie Damron prays forjudgment against the Defendants, and each of them for a sum in excess of $75,000.00 and for the costs of this action.

FOURTH CAUSE OF ACTION

COMES NOW the Plaintiff, Stephanie Damron, as natural mother and next friend on behalf of the minor child, CD and for this cause of action against the Defendants, and each of them, alleges and states:

IX.

This plaintiff adopts and realleges all allegations set forth the previous causes of action to this Petition as if fully set out herein.

x.

That the Plaintiff CD suffered injuries to his body. Such injuries have caused this Plaintiff to suffer disability, pain, suffering restriction, and apprehension all of which he will continued to suffer in the future. That by reason of said injuries Plaintiff has been damaged in a sum in excess of $75,000.00.
WHEREFORE, this Plaintiff, CD a minor, by and through his mother natural mother and next friend, Stephanie Damron prays forjudgment against the Defendants, and each of them for a sum in excess of $75,000.00 and for the costs of this action.

FIFTH CAUSE OF ACTION

COMES NOW the Plaintiff, Stephanie Damron, as natural mother and next friend on behalf of the minor child, SD and for this cause of action against the Defendants, and each of them, alleges and states:

XI.

This plaintiff adopts and realleges all allegations set forth the previous causes of action to this Petition as if fully set out herein.

XII.

That the Plaintiff SD suffered injuries to his body. Such injuries have caused this Plaintiff to suffer disability, pain, suffering restriction, and apprehension all of which he will continued to suffer in the future. That by reason of said injuries Plaintiff has been damaged in a sum in excess of $75,000.00.

WHEREFORE, this Plaintiff, SD a minor, by and through his mother natural mother and next friend, Stephanie Damron prays for judgment against the Defendants, and each of them for a sum in excess of $75,000.00 and for the costs of this action.

SIXTH CAUSE OF ACTION

COMES NOW the Plaintiff., Bobby Damron and for his second cause of action to this Petition alleges and states:

XIII.

Plaintiff adopts as if fully set out herein all material allegations contained in the first cause of action to this Petition.

XIV.

That at the time of said collision Plaintiff's automobile was at a reasonable market value of $4,500.00. That by reason of said damages sustained in said collision described herein sµ<;h mtomobile was damaged beyond repair and was a total loss. That by reason thereof Plaintiff has been damaged in the sum of $4,500.00.

WHEREFORE, Plaintiff, Bobby Damron prays for judgment on this second cause of action to this Petition in the sum of $4,500.00 and the costs of this action; Plaintiffs, and each of them, pray for judgment against the Defendants and each of on both respective causes of action in the sum of $75,000.00 or more and the costs of this action.

WHEREFORE, Plaintiffs, and each of them, pray for judgment against the Defendants, and each of them, on all causes of action herein for a total sum in excess of $75,000.00 and for these costs of these actions.

Outcome: Settled for $19,111.98 for SD.

Plaintiff's Experts:

Defendant's Experts:

Comments: