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: