Date: 11-30--0001

Case Style: Charles Scott Wilhelm v. Caliber Oilfield Services, Inc., Dans Casing, LLC, Dans Casing Crews, Inc., Martin Farnell, Torus Specialty Insurance Co. and Torus Insurance Holdings, Ltd.

Case Number: CJ-2014-768

Judge: Carlos Chappelle

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Raymond Allred

Defendant's Attorney: Dan Folluo and Randy Long for Calibert Oilfield Services, Inc.
Miranda Calhoun and Scott McDnaiel for Torus Insurancee

Description: Tulsa, OK - Charles Scott Wilhelm sued Caliber Oilfield Services, Inc., Dans Casing, LLC, Dans Casing Crews, Inc., Martin Farnell, Torus Specialty Insurance Co. and Torus Insurance Holdings, Ltd. on negligence theories claiming:

1. This cas arises out of a truck and automobile collision that occurred on April 2, 2012, in the City of Tulsa, County of Tulsa and State of Oklahoma.
2 Plaintiff is informed, believes and alleges that at all tunes referenced herein Defendant Caliber Oilfield Services, Inc. is an Oklahoma corporation located in Enid, Oklahoma, is an interstate motor carrier, and was the employer of Defendant Martin Farnell.
3. Plaintiff is informed, believes and alleges that at all times referenced herein Defendant Dan’s Casing, LLC is an Oklahoma corporation and is an interstate motor carrier.
4. Plaintiff is informed, believes and alleges that at all times referenced herein Defendant Dan’s Casing Crews, Inc. is an Oklahoma corporation and is an interstate motor carrier.
5. Plaintiff is informed, believes and alleges that at all times referenced herein Defendant Torus Specialty Insurance and Defendant Torus Insurance Holdings Ltd., (collectively referred hereafter as Torus) were the insurance carriers for all of the above Defendants. Therefore, Defendants Torus is a proper party to this action and directly liable to Plaintiff herein pursuant to Okia. Stat. Tit. 47 § 230.30.
6. On the date referenced above, Defendant Farnell was driving westbound on Interstate 244 and collided into the rear of a vehicle operated by the Plaintiff.
7. The collision was caused by the negligence of Defendant Farnell as follows:
A. He failed to allow a safe distance between his vehicle and the Plaintiffs;
B. He was careless;
C. He failed to maintain a proper lookout;
D. He violated various city ordinances and Statutes of the State of Oklahoma; and
E. He was otherwise negligent as will be more fully set forth after discovery is completed.
8. At the time of the collision, Defendant Farnell was acting either in the course and scope of his employment with Defendant Caliber, or as an agent of or on behalf of Defendants Dan’s Casing, LLC or Dan’s Casing Crews, Inc.
9. All of the above corporate Defendants are liable to Plaintiff due to the acts and omissions of Defendant Farnell by virtue of responcleat superior as well as being directly liable for negligently hiring and retaining Defendant Farnelli whom the corporate Defendants knew or should have known was not competent or properly trained to drive a commercial vehicle.
10. As a result of the negligence of each Defendant, Plaintiff suffered injuries and damages in excess of $75,000.00 as follows:
A. Past medical expenses;
B. Future medical expenses;
C. Past physical pain and suffering;
D. Future physical pain and suffering;
E. Past mental pain and suffering;
F. Future mental pain and suffering;
G. Past lost wages;
H. Future lost wages;
I. Loss of earning capacity
J. Permanent impairment;
K. Other damages to be more fully set forth after discovery is completed.
ii. The actions of Defendants were such that punitive damages should be assessed against the Defendants in an amount in excess of $75,000.00.

Docket
Date Code Description Count Party Amount
02-25-2014 TEXT

Civil relief more than $10,000 Initial Filing.
1
02-25-2014 AUTONEG

AUTO NEGLIGENCE

02-25-2014 DMFE

DISPUTE MEDIATION FEE
$ 2.00
02-25-2014 PFE1

PETITION

Document Available (#1023927127)
$ 163.00
02-25-2014 PFE7

LAW LIBRARY FEE
$ 6.00
02-25-2014 OCISR

Oklahoma Court Information System Revolving Fund
$ 25.00
02-25-2014 CCADMIN02

Court Clerk Administrative Fee on $2 Collections
$ 0.20
02-25-2014 OCJC

Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
02-25-2014 OCASA

Oklahoma Court Appointed Special Advocates
$ 5.00
02-25-2014 CCADMIN04

Court Clerk Administrative Fee on Collections
$ 0.50
02-25-2014 LTF

Lengthy Trial Fund
$ 10.00
02-25-2014 SMF

Summons Fee (Clerks Fee)-6
$ 30.00
02-25-2014 SMIP

Summons Issued - Private Process Server

02-25-2014 TEXT

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

02-25-2014 ACCOUNT

Receipt # 2014-2789446 on 02/25/2014.
Payor:CARR & CARR Total Amount Paid: $243.70.
Line Items:
CJ-2014-768: $193.00 on AC01 Clerk Fees.
CJ-2014-768: $6.00 on AC23 Law Library Fee.
CJ-2014-768: $0.70 on AC31 Court Clerk Revolving Fund.
CJ-2014-768: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2014-768: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2014-768: $2.00 on AC64 Dispute Mediation Fees.
CJ-2014-768: $25.00 on AC79 OCIS Revolving Fund.
CJ-2014-768: $10.00 on AC81 Lengthy Trial Fund.

07-30-2014 SMF

Summons Fee (Clerks Fee)
$ 5.00
07-30-2014 SMIP

Summons Issued - Private Process Server

07-30-2014 AMP

Amended Petition /

Document Available (#1026636820)
WILHELM, CHARLES SCOTT
07-30-2014 ACCOUNT

Receipt # 2014-2901864 on 07/30/2014.
Payor:CARR & CARR Total Amount Paid: $5.00.
Line Items:
CJ-2014-768: $5.00 on AC01 Clerk Fees.

09-04-2014 EAA

ENTRY OF APPEARANCE / DAN S FOLLUO ENTERS FOR CALIBER OILFIELD SERVICES INC / CERT OF MAILING / COVER SHEET

Document Available (#1026992328)
CALIBER OILFIELD SERVICES INC
09-04-2014 EAA

ENTRY OF APPEARANCE / RANDALL E LONG ENTERS FOR CALIBER OILFIELD SERVICES INC / CERT OF MAILING / COVER SHEET

Document Available (#1027186347)
CALIBER OILFIELD SERVICES INC
09-04-2014 A

ANSWER OF CALIBER OILFIELD SERVICES INC AND MARTIN FARNELLI

Document Available (#1026992324)
CALIBER OILFIELD SERVICES INC
09-09-2014 A

ANSWER TO AMENDED PETITION

Document Available (#1027188682)
CALIBER OILFIELD SERVICES INC
10-01-2014 NORM

NOTICE OF REMOVAL (COPY) of action to federal court CASE #14-CV-581-JHP-PJC BY DEF ATTY

Document Available (#1027199518)
CALIBER OILFIELD SERVICES INC
10-01-2014 DISPFC

NOTIC OF REMOVAL
1 CALIBER OILFIELD SERVICES INC
10-01-2014 DISPFC

NOTIC OF REMOVAL
1 DANS CASING CREWS INC
10-01-2014 DISPFC

NOTIC OF REMOVAL
1 DANS CASING LLC
10-01-2014 DISPFC

NOTIC OF REMOVAL
1 FARNELL, MARTIN
10-01-2014 DISPFC

NOTIC OF REMOVAL
1 TORUS INSURANCE HOLDINGS LTD
10-01-2014 DISPFC

NOTIC OF REMOVAL
1 TORUS SPECIALTY INSURANCE CO
01-28-2015 O

MINUTE ORDER ( REMANDING US DISTRICT COURT, NORTHERN DIST OF OKLA CASE # 14-CV-581-JHP-PJC BACK TO TULSA COUNTY DISTRICT COURT ( INCLUDES DOCKET SHEET & NOTICE OF ELECTRONIC FILING )

Document Available (#1028387622)

03-30-2015 CTFREE

CHAPPELLE, CARLOS; NOTICE OF HEARING; SET FOR STATUS CONFERENCE: APRIL 30, 2015 AT 11:00 A.M. NOTICE TO: MICHAEL CARR, DAN FOLLUO

03-30-2015 NOH

NOTICE OF HEARING/ SEE ABOVE ENTRY / AFFIDAVIT OF MAILING

Document Available (#1029181363)

04-08-2015 CTFREE

CHAPPELLE, CARLOS; GRANTED/AGREED SCHEDULING ORDER; PRETRIAL ST 11/24/15 AT 9:00 A.M.

04-10-2015 DWOP

DISMISSAL WITHOUT PREJUDICE OF DEFENDANT TORUS INSURANCE HOLDINGS LTD

Document Available (#1029071934)
TORUS INSURANCE HOLDINGS LTD
04-10-2015 DISPDWOP

DISMISSAL WITHOUT PREJUDICE
1 TORUS INSURANCE HOLDINGS LTD
04-10-2015 SO

AGREED SCHEDULING ORDER

Document Available (#1029267760)

04-14-2015 NO

Notice OF CHANGE OF NAME AND EMAIL ADDRESS / C TO CV / CERTIFICATE OF MAILING

Document Available (#1029266124)

04-23-2015 CTFREE

CHAPPELLE, CARLOS; HEARING 4/30/15 STRICKEN AS AN AGREED SCHEDULING ORDER HAS BEEN FILED.

05-08-2015 MO

UNOPPOSED MOTION FOR AMENDED SCHEDULING ORDER / CERTIFICATE OF SERVICE

Document Available (#1029616551)
CALIBER OILFIELD SERVICES INC
05-18-2015 CTFREE

KUEHN, DANA; GRANTED/AMENDED AGREED SCHEDULING ORDER; PRETRIAL SET 2/25/16 AT 1:30 P.M.

05-18-2015 CTFREE

KUEHN, DANA; PRETRIAL 11/24/15 STRICKEN AND RESET.

05-20-2015 AM

Amended AGREED SCHEDULING ORDER / 5-18-15

Document Available (#1029610493)

Outcome: Dismissed without prejudice as to Torus.

Plaintiff's Experts:

Defendant's Experts:

Comments: