Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Date: 06-19-2015
Case Style: Tyler James Funderburk v. John Raymond Warrior
Case Number: CJ-2014-3116
Judge: Jefferson D. Sellers
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Jim Thomas and Bill Thomas
Defendant's Attorney: Doug Scott
Description: Tulsa, OK - Tyler James Funderburk sued John Raymond Warrior on an auto negligence theory claiming:
1. At all times material herein, Plaintiff was a resident of Tulsa County, State of Oklahoma, and within the jurisdiction of this Court.
2. The facts giving rise to this cause of action occurred at the intersection of 2l Street and South Owasso Avenue, Tulsa County, State of Oklahoma, within the jurisdiction of this Court.
3. That on or about the 26thi day of October, 2012, at about 15:45 hours, Plaintiff was operating his motor vehicle, driving West bound on 21St street, in the curb lane, approaching Owasso Avenue
4. At the Same time, Defendant was operating his motor vehicle, East bound on 2l street, in the center lane.
5, As the parties approached the intersection the Defendant had a legal duty to yield to Plaintiffs vehicle.
6. The Defendant failed to yield to Plaintiffs vehicle and therefore breached his legal duty.
7. As a direct result of Defendant’s breach, of his lawful duty, the Defendant caused a collision involving Plaintiffs vehicle , Defendant’s vehicle and a vehicle driven by a third party.
8. Defendant was cited for failure to yield, after the conclusion of law enforcement’s investigation.
9. Defendant is guilty of negligently operating his motor vehicle on public roadways.
10. As a direct result of Defendant’s negligence Plaintiff suffered severe, painful physical injuries.
11. At the time of the collision, Plaintiffs vehicle’s “air-bags” deployed, with other material damage to his vehicle, and repairs to vehicle were paid by the Defendant. Repairing the physical damage to Plaintiffs vehicle, however, did not cover all of Plaintiffs property damages.
12. That because the “air-bags” deployed, Plaintiff has been unable to sell his vehicle on the open market, and demands as property damage caused by the negligence of Defendant, the full value of his vehicle before that vehicle was damaged.
Docket
Date Code Description Count Party Amount
08-14-2014 TEXT
Civil relief more than $10,000 Initial Filing.
1
08-14-2014 AUTONEG
AUTO NEGLIGENCE
08-14-2014 DMFE
DISPUTE MEDIATION FEE
$ 2.00
08-14-2014 PFE1
PETITION
Document Available (#1026638472)
$ 163.00
08-14-2014 PFE7
LAW LIBRARY FEE
$ 6.00
08-14-2014 OCISR
Oklahoma Court Information System Revolving Fund
$ 25.00
08-14-2014 CCADMIN02
Court Clerk Administrative Fee on $2 Collections
$ 0.20
08-14-2014 OCJC
Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
08-14-2014 OCASA
Oklahoma Court Appointed Special Advocates
$ 5.00
08-14-2014 CCADMIN04
Court Clerk Administrative Fee on Collections
$ 0.50
08-14-2014 LTF
Lengthy Trial Fund
$ 10.00
08-14-2014 SMF
Summons Fee (Clerks Fee)
$ 5.00
08-14-2014 SMIP
Summons Issued - Private Process Server
08-14-2014 TEXT
OCIS has automatically assigned Judge Barcus, Mark to this case.
08-14-2014 ACCOUNT
Receipt # 2014-2911164 on 08/14/2014.
Payor:THOMAS & FUNDERBURK PLLC Total Amount Paid: $218.70.
Line Items:
CJ-2014-3116: $168.00 on AC01 Clerk Fees.
CJ-2014-3116: $6.00 on AC23 Law Library Fee.
CJ-2014-3116: $0.70 on AC31 Court Clerk Revolving Fund.
CJ-2014-3116: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2014-3116: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2014-3116: $2.00 on AC64 Dispute Mediation Fees.
CJ-2014-3116: $25.00 on AC79 OCIS Revolving Fund.
CJ-2014-3116: $10.00 on AC81 Lengthy Trial Fund.
08-20-2014 S
Party has been successfully served. FOR JOHN RAYMOND WARRIOR, BY CERT MAIL, SIGNED ?, ON 8-16-14
Document Available (#1027000290)
WARRIOR, JOHN RAYMOND
11-02-2014 TEXT
Administratively Reassigned by AOC MIS per Help Desk Contact HD36523
12-01-2014 APLI
APPLICATION FOR SCHEDULING CONFERENCE / A2J
Document Available (#1027976655)
FUNDERBURK, TYLER JAMES
12-03-2014 APLI
DEFENDANTS UNOPPOSED APPLICATION FOR LEAVE TO FILE ANSWER OUT-OF -TIME / C TO J / CERTIFICATE OF MAILING
Document Available (#1027973939)
WARRIOR, JOHN RAYMOND
12-04-2014 CTFREE
SELLERS, JEFFERSON D.: Order entered granting defendant 10 days to answer.
12-08-2014 AGORD
AGREED ORDER GRANTING DEFENDANT LEAVE TO FILE ANSWER OUT-OF-TIME
Document Available (#1028043367)
12-12-2014 A
ANSWER OF DEFENDANT JOHN RAYMOND WARROR / TO THE PETITION OF THE PLAINTIFF / DOUGLAS R SCOTT ENTERING AS COUNSEL / CERTIFICATE OF MAILING
Document Available (#1028048824)
WARRIOR, JOHN RAYMOND
12-29-2014 NO
Notice OF CHANGE OF ADDRESS / C TO CV / THOMAS LAW FIRM PLLC / CERTIFICATE OF MAILING
Document Available (#1028262207)
01-15-2015 CTFREE
SELLERS, JEFFERSON D.: order enteerd setting scheduling conference on 2-17-15 at 9:00 am.
02-17-2015 CTFREE
SELLERS, JEFFERSON D.: Scheduling conference held. Doug Scott appears for defendant. Plaintiff appears not. Agreed scheduling order entered. Court waives plaintiff's signature. Pretrial conference set 8-24-15 at 9:00 am.
02-17-2015 SO
SCHEDULING ORDER
Document Available (#1028665939)
02-18-2015 TEXT
OFFER OF JUDGMENT - PROPERTY DAMAGE CLAIM ONLY
Document Available (#1028667951)
02-18-2015 OSH
ORDER SETTING HEARING / 2-17-15 AT 9:00 A.M. IN ROOM 713
Document Available (#1028666750)
03-06-2015 MO
PLAINTIFF'S MOTION TO COMPEL DISCOVERY WITH SUPPORTING BRIEF / C2J
Document Available (#1028985150)
FUNDERBURK, TYLER JAMES
04-06-2015 CTFREE
SELLERS, JEFFERSON D.: Court order entered as to the plaintiff's motion to compel.
04-06-2015 CTFREE
SELLERS, JEFFERSON D.: Plaintiff's motion to compel is granted pursuant to Rule 4(e) of the rules for district courts per order signed this date. Notice to: James Thomas, William Thomas, Douglas Scott
04-07-2015 O
ORDER / AFD OF MAILING
Document Available (#1029183634)
05-06-2015 DWP
PLAINTIFFS DISMISSAL WITH PREJUDICE
Document Available (#1029447772)
WARRIOR, JOHN RAYMOND
Outcome: DISMISSAL WITH PREJUDICE
Plaintiff's Experts:
Defendant's Experts:
Comments: