Date: 06-12-2015

Case Style: Rodrick W. Oliver and Douglas G. Wiley v. Curtis Dale Vap d/b/a Curtis and David Vap Farmers

Case Number: CJ-2014-2789

Judge: Caroline Wall

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Jonathan Sutton

Defendant's Attorney: Aaron Goodman

Description: Tulsa, OK - Rodrick W. Oliver and Douglas G. Wiley sued Curtis Dale Vap d/b/a Curtis and David Vap Farmers on auto negligence theories claiming:

1. That the actions which form the basis for this cause of action took place within Tulsa County, Oklahoma.
2. That Defendant Curtis Vap was driving the truck involved in the collision with Plaintiffs on July 25, 2012, in Tulsa County.
3. That Defendant Vap was driving in the course and scope of his employment with co-Defendant Curtis and David Vap Farms.
4. That Defendant Curtis and David Vap Farms, on information and belief an unincorporated partnership, conducts business in the State of Oklahoma, and in Tulsa County. Plaintiffs were also respectively driving and riding in a City of Tulsa vehicle struck by Defendant’s vehicle.
5. That as the accident that forms the basis for this action took place on or about July 25th, 2012, in Tulsa County, Oklahoma, this Court is the proper forum in which to bring this cause of action.
OPERATIVE FACTS
6. The Plaintiffs hereby incorporate the above paragraphs as though fully set forth herein.
7. Plaintiffs Oliver and Wiley were and are employed by the City of Tulsa. Defendant Vap was employed by Curtis and David Vap Farms, of Newkirk, Oklahoma.
8. That upon the event of the collision, information was provided to the Oklahoma Highway Patrol, Collision Report No. B01168-12.
9. That State Highway 266 is at the point of collision is a no passing zone, with one lane each way and a 10-ft improved median on each side. Plaintiffs’ truck was eastbound and in the process of making a legal left turn (to the north) from State Highway 266 onto 145th East Avenue in Catoosa. Defendant’s truck was behind a car immediately behind the City of Tulsa truck. Defendant’s truck was not able to stop in time, so in an attempt to miss the car in front of him he swerved to the left and hit the City of Tulsa truck north of the median in the westbound lane as it was turning left. The car between the trucks was not struck and did not stop.
10. That in the accident driver Wiley and passenger Oliver were both injured, with Wiley suffering mainly an injury to his left shoulder. Oliver suffered a back injury. Both Plaintiffs have had subsequent surgery.
11. Defendant Vap was issued Citation No. L204998 at the scene of the collision, as a violation of 47 0.5. 11-306(A)(2), driving left of center line within 200 feet of an intersection.
12, That the Plaintiffs have suffered personal injury, medical and surgical expenses, time lost from both their primary employment with the City of Tulsa, and time lost from the part-time jobs each had separate and apart from their primary employment.
13. That Mr. Oliver suffered medical monetary damages, separate from lost wages or pain and suffering, in the amount of $85,789.13.
14. That Mr. Wiley suffered medical monetary damages, separate from lost wages or pain and suffering, in the amount of $28,586.81.
FIRST CAUSE OF ACTION: AUTO NEGLIGENCE
15. The Plaintiffs hereby incorporate paragraphs number I through 14 above as though fully set forth herein.
16. Defendant had a duty to operate his vehicle with due care.
17. Defendant’s failure to operate with due care constitutes a breach of their individual duty.
18. As a result of Defendant’s negligence, Plaintiffs have suffered damages.
19. Defendant Curtis Vap was acting within the course and scope of his employment, thus Defendant Curtis and David Vap Farms is liable for his actions.
20. Plaintiff’s damages consist of injuries suffered to the person and body of each Plaintiff, loss of wages from both primary and secondary employment for each Plaintiff, and pain and suffering for each.

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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