Date: 04-08-2015

Case Style: Lisa Smith v. Robert Farrar

Case Number: CJ-2014-586

Judge: Carlos Chappelle

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Jon Williford, Ryan Childress, Jason Reynolds and Billy Griffin

Defendant's Attorney: Taren Lord-Halvorson

Description: Tulsa, OK - Lisa Smith sued Robert Farrar on an auto negligence theory claiming:

1. Plaintiff is a resident of Sapulpa, Creek County, State of Oklahoma.
2. Upon information and belief, Defendant is a resident of Tulsa, Tulsa County,
State of Oklahoma.
3. The accident giving rise to this lawsuit occurred in Tulsa, Tulsa County, State of Oklahoma, making jurisdiction and venue of this Court both just and proper.
FACTS
4. Plaintiff expressly incorporates by reference the allegations made in paragraphs one through three above as though fully stated herein, and further pleads and alleges as follows:
5. On or about October 02, 2013, at approximately 12:11 PM, Plaintiff drove her personal vehicle, a 2000 Ford F150, south bound from a private drive onto East Indianapolis Avenue near the intersection of East Indianapolis Avenue and East Pine Street Tulsa, Oklahoma.
6. The Plaintiff drove her vehicle across the intersection, At the same time, Defendant drove his personal vehicle, a 1998 Ford F150 in the oncoming lane and attempted to turn left.
7. As Defendant attempted to turn left he failed to yield and struck the Plaintiff’s front bumper with the Defendant’s front bumper.
8. Upon notice of an incident, the Tulsa Police Department dispatched Officer B. Paul, badge number 01976, to the scene to investigate. Officer Paul investigated the scene and interviewed both drivers. After completing a thorough investigation, Officer Paul codified the findings, which were approved by supervising officer C.W., badge number 00527, into Official Oklahoma Traffic Collision Report Number 2013058997.
9. In his report, Officer Paul places liability exclusively on Defendant when he cited Defendant with citation code 01: Failed to Yield-From Stop Sign.
10. Officer Paul found Plaintiff to be a fault-free driver when he assigned citation code 98: No Improper Action by Driver.
Please see attached Exhibit A, Official Oklahoma Traffic Collision Report Number
2013058997.
11. As a result of the accident, Plaintiff has sustained injuries and required extensive medical treatment from numerous providers in Oklahoma
12. Plaintiff’s Counsel has attempted to resolve this matter without filing a lawsuit to avoid unnecessary litigation. To date, settlement negotiations in an effort to resolve this matter without litigation remain unsueeessfhl.
FIRST CAUSE OF ACTION:
Negligence per se - Reckless Driving
13. Plaintiff expressly incorporates by reference the allegations made in paragraphs one through twelve above as though hilly stated herein, and flwther pleads and alleges as follows:
14. Oklahoma statutory law expressly provides, “It shall be deemed reckless driving for any person to drive a motor vehicle in a careless or wanton manner without regard for the safety of persons or property, . .“ 47 O.S. § 11-901(2001).
15. By failing to yield at a stop sign, Defendant did drive in a careless or wanton manner without regard for the safety of persons.
16. As a direct and proximate result of Defendant’s driving, Plaintiff has suffered physical injuries, loss of enjoyment of life, pain and suffering, mental anguish, medical bills, and other financial losses that will be more particularly proven at trial.
SECOND CAUSE OF ACTION:
Negligence Per Se
17. Plaintiff expressly incorporates by reference the allegations made in paragraphs one through sixteen above as though hilly stated herein, and further pleads and alleges as follows:
18, Oklahoma statutory law expressly provides, in relevant part,
The operator of every vehicle, while driving, shall devote their time and full attention to such driving.
No law enforcement officer shall issue a citation under this section unless the law enforcement officer observes that the operator of the vehicle is involved in an accident or observes the operator of the vehicle driving in such a manner that poses an articulable danger to other persons on the roadway that is not otherwise specified in statute.
47 O.S. § 11-901(b) (2003).
19. Defendant, by failing to yield at a stop sign, did not devote his full time and attention to such driving.
20. As a direct result, Defendant crashed his vehicle into Plaintiff’s vehicle, causing injury.
21. As a direct and proximate result of Defendant’s driving, Plaintiff has suffered physical injuries, loss of enjoyment of life, pain and suffering, mental anguish, medical bills, and other financial losses that will be more particularly proven at trial.
THIRD CAUSE OF ACTION:
Negligence
22. Plaintiff expressly incorporates by reference the allegations made in paragraphs one through twenty-one above as though fully stated herein, and further pleads and alleges as follows:
23. As the operator of a motor vehicle traveling on a densely traveled intersection, Defendant owed a duty to maintain a proper lookout for others.
24. By failing to yield at a stop sign before making a left turn, Defendant breached his duty owed to other motorists and pedestrians.
25. As a direct and proximate result of Defendant’s driving, Plaintiff has suffered physical injuries, loss of enjoyment of life, pain and suffering, mental anguish, medical bills, and other financial losses.

Docket
Date Code Description Count Party Amount
02-13-2014 TEXT

Civil relief more than $10,000 Initial Filing.
1
02-13-2014 AUTONEG

AUTO NEGLIGENCE

02-13-2014 DMFE

DISPUTE MEDIATION FEE
$ 2.00
02-13-2014 PFE1

PETITION

Document Available (#1023926808)
$ 163.00
02-13-2014 PFE7

LAW LIBRARY FEE
$ 6.00
02-13-2014 OCISR

Oklahoma Court Information System Revolving Fund
$ 25.00
02-13-2014 CCADMIN02

Court Clerk Administrative Fee on $2 Collections
$ 0.20
02-13-2014 OCJC

Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
02-13-2014 OCASA

Oklahoma Court Appointed Special Advocates
$ 5.00
02-13-2014 CCADMIN04

Court Clerk Administrative Fee on Collections
$ 0.50
02-13-2014 LTF

Lengthy Trial Fund
$ 10.00
02-13-2014 SMF

Summons Fee (Clerks Fee)
$ 5.00
02-13-2014 SMIP

Summons Issued - Private Process Server

02-13-2014 TEXT

OCIS has automatically assigned Judge Chappelle, Carlos to this case.

02-13-2014 ACCOUNT

Receipt # 2014-2781463 on 02/13/2014.
Payor:DIRANI LAW OFFICE Total Amount Paid: $218.70.
Line Items:
CJ-2014-586: $168.00 on AC01 Clerk Fees.
CJ-2014-586: $6.00 on AC23 Law Library Fee.
CJ-2014-586: $0.70 on AC31 Court Clerk Revolving Fund.
CJ-2014-586: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2014-586: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2014-586: $2.00 on AC64 Dispute Mediation Fees.
CJ-2014-586: $25.00 on AC79 OCIS Revolving Fund.
CJ-2014-586: $10.00 on AC81 Lengthy Trial Fund.

05-05-2014 S

Party has been successfully served. SUMMONS SERVED ON ROBERT FARRAR, PERSONAL SERVICE ON 5-25-14 BY PROCESS SERVER

Document Available (#1025114560)
FARRAR, ROBERT
09-11-2014 EAA

ENTRY OF APPEARANCE / TAREN LORD-HALVORSON ENTERING AS COUNSEL / CERTIFICATE OF SERVICE

Document Available (#1027189123)
FARRAR, ROBERT
09-15-2014 MODJ

MOTION FOR DEFAULT JUDGMENT / A TO J /

Document Available (#1027192938)
SMITH, LISA
09-16-2014 OFRJ

OFFER TO ALLOW JUDGMENT / CERTIFICATE OF SERVICE

Document Available (#1027195052)
FARRAR, ROBERT
09-16-2014 EAA

ENTRY OF APPEARANCE / NEVIN R KIRKLAND ENTERING AS COUNSEL / W-CS / CERTIFICATE OF SERVICE

Document Available (#1027193352)
FARRAR, ROBERT
09-16-2014 A

ANSWER / TO THE PETITION OF THE PLAINTIFF / CERTIFICATE OF SERVICE

Document Available (#1027193348)
FARRAR, ROBERT
10-06-2014 CTFREE

CHAPPELLE, CARLOS; NOTICE; SCHEDULING CONFERENCE SET 10/29/14 AT 9:00 A.M. NOTICE TO: RYAN CHILDRESS, TAREN LORD-HALVORSON;

10-06-2014 NO

Notice / FOR SCHEDULING CONFERENCE SET FOR HEARING ON 10-29-14 @ 9 AM / CERTIFICATE OF MAILING / TO : RYAN CHILDRESS

Document Available (#1027419307)

10-06-2014 NO

Notice / FOR SCHEDULING CONFERENCE SET FOR HEARING ON 10-29-14 @ 9 AM / CERTIFICATE OF MAILING / TO : TAREN LORD-HALVORSON

Document Available (#1027419311)

10-13-2014 WL

PLAINTIFF LISA SMITH'S PRELIMINARY WITNESS &EXHIBIT LIST / CERTIFICATE OF MAILING

Document Available (#1027422586)
SMITH, LISA
10-29-2014 CTFREE

CHAPPELLE, CARLOS; GRANTED/SCHEDULING ORDER; PRETRIAL SET 4/2/15 AT 9:00 A.M.

11-10-2014 SO

SCHEDULING ORDER

Document Available (#1027774627)

01-30-2015 WL

PLAINTIFF LISA SMITH'S FINAL WITNESS & EXHIBIT LIST

Document Available (#1028546260)
SMITH, LISA
02-04-2015 NO

NOTICE TO TAKE DEPOSITION

Document Available (#1028543174)

03-06-2015 EAA

ENTRY OF APPEARANCE BILLY D GRIFFIN , JASON B REYNOLDS AND JON M WILLIFORD ENTERING AS COUNSEL

Document Available (#1028985165)
SMITH, LISA
03-17-2015 CTFREE

CHAPPELLE, CARLOS; PRETRIAL 4/2/15 STRICKEN BY THE COURT AND PASSED TO 4/16/15 AT 10:00 A.M. CLERK NOTIFIED JASON REYNOLD'S OFFICE AND THEY WILL NOTIFY OTHER ATTORNEYS.

04-08-2015 DISPCVDM

CHAPPELLE, CARLOS; PER JASON REYNOLDS, CASE HAS SETTLED AND DISMISSAL WILL BE FILED WITHIN 30 DAYS.
1 FARRAR, ROBERT
05-05-2015 NO

NOTICE TO TAKE DEPOSITION

Document Available (#1029456353)

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: