Date: 05-16-2013

Case Style: Gary Pinion, Jr. v. Andrew R. Frazier

Case Number: CJ-2011-2538

Judge: Thomas E. Prince

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney:

Best Oklahoma City Personal Injury Lawyer Directory

Defendant's Attorney: D. Lynn Babb and Seth Dale Coldiron for Andrew Frazier

Gerald F. Pignato for Geico General Insurance Company

Description: Okahoma, Oklahoma personal injury lawyer represented Plaintiff, who sued Defendant on an auto negligence theory claiming to have suffered more than $10,000 in injuries and/or damages as a direct result of Defendants failure to exercise due care in the operation of an automobile.

1. That Plaintiff Gary Pinion Jr. is a resident of Oklahoma County, State of Oklahoma.

2. That Plaintiff Courtney Mitchell is a resident of Oklahoma County, State of Oklahoma.

3. That Plaintiff Neveah Pinion is a minor resident of Oklahoma County, State of Oklahoma.

4. That the Defendant, Andrew Frazier, is a resident of Oklahoma County, State of Oklahoma.

5. That Defendant, Justin A. Martell, is a resident of Oklahoma County, State of Oklahoma.

6. That the Defendant, GEICO General Insurance Company (hereinafter “GEICO), is an insurance company licensed to conduct business within the State of Oklahoma.

7. That this cause of action arises out of an automobile collision that occurred on February 17,2010 in Oklahoma County, State of Oklahoma.

8. That jurisdiction and venue are proper in the District Court of Oklahoma County, State of Oklahoma.

Facts

9. That on or about the 17th day of February, 2010, in the city of Del City, Oklahoma, Plaintiftb were riding as passengers in a 2001 White Chevrolet Impala driven by Defendant Justin A. Martell. Said Impala was travelling eastbound on S.E. 44th St. and the driver of said vehicle was attempting to make a left turn onto Lamar Dr. Defendant Andrew Frazier was driving a 1996 White Honda Accord and was travelling westbound on S.E. 44” St. at an excessive rate of speed and under the influence. Defendant Andrew Frazier’s vehicle collided with the passenger side of the vehicle in which Plaintiffs were passengers. That Plaintiffs were injured as a result of the collision. Count One: Nealiaence - Frazier

10. That Defendant Andrew Frazier had a duty to operate his vehicle in a reasonable and proper manner and in accordance with the rules and laws of the State of Oklahoma.

11. That Defendant Andrew Frazier was negligent in operating his vehicle which caused the collision complained of herein.

12, That Defendant Andrew Frazier was travelling at an excessive rate of speed.

13. That Defendant Andrew Frazier was driving while intoxicated.

14. That Defendant Andrew Frazier failed to devote full time and attention to his driving.

15. That Defendant Frazier’s actions resulted in each of the Plaintiff suffering injuries.

16. That the collision was the direct result of the negligence of Defendant Andrew Frazier.

17. That the actions of Defendant Andrew Frazier were grossly negligent, willful, wanton, and taken with a reckless disregard towards the rights and safety of others and justi the imposition of punitive damages. Count Two: Nealipence - Martell

18. That Defendant Justin Martell had a duty to operate his vehicle in a reasonable and prudent manner and in accordance with the rules and laws of the State of Oklahoma.

19. That Defendant Justin Ma-tell was negligent in operating his vehicle which caused the collision complained of herein.

20. That Defendant Justin Martell failed to devote full time and attention to his driving.

21. That Defendant Justin Martell’ s actions resulted in each of the Plaintiffs suffering injuries.

22. That the collision was the direct result of the negligence of Defendant Justin Martell. Count Three: Breach of IJMJUIM Contract

23. That the Plaintiffs were insured under a policy of insurance issued by Defendant GEICO which provided uninsured/underinsured motorist coverage, policy number 4167-27-68- 41, Claim Number 0302205040101024.

24. That Defendant Andrew Frazier was underinsured at the time of the wreck.

25. That Defendant Justin Martell was underinsured at the time of the wreck.

26. That Defendant GEICO breached their contract to provide underinsured motorist benefits. Damages

27, That prior to this collision, Plaintiff Gary Pinion Jr. was in good health with a nonnal life expectancy, but as a direct and proximate result of the Defendant’s negligence Plaintiff Gary Pinion Jr. has sustained damages for which he is entitled to recover,

28. That pursuant to the provisions of 12 O.S. § 3226(B)(2), Plaintiff Gary Pinion Jr. submits this preliminary computation of damages sought in this lawsuit. As this is an action for injuries suffered by an adult Plaintiff Gary Pinion Jr. advises that all damages recoverable by law are sought, including those listed in OUJI 2d 4.1. Under item (H), Plaintiff Gary Pinion Jr.’s medical bills incurred to date are in the approximate amount of $10,827.56, which amount is subject to increase. This item is among the elements for the jury to consider in fixing the amount of damages to award Plaintiff. Other than the amount which Plaintiff Gary Pinion Jr. has specifically identified, and which is capable of being ascertained to some degree of certainty, Plaintiff Gary Pinion Jr. is unable to guess or speculate as to what amount of damages a jury might award. The elements for the jury to consider include the following:

A. Plaintiff’s physical pain and suffering, past and fixture;

B. Plaintiffs mental pain and suffering, past and fixture;

C. Plaintiff’s age;

D. Plaintiff’s physical condition immediately before and after the accident;

B. The nature and extent of Plaintiff’s injuries;

F. Whether the injuries are permanent;

G. The physical impairment;

H. The reasonable expenses of the necessary medical care, treatment and services, past and fixture.

29. That prior to this collision, Plaintiff Courtney Mitchell was in good health with a normal life expectancy, but as a direct and proximate result of the Defendant’s negligence Plaintiff Courtney Mitchell has sustained damages for which he is entitled to recover.

30. That pursuant to the provisions of 12 O.S. § 3226(B)(2), Plaintiff Courtney Mitchell submits this preliminary computation of damages sought in this lawsuit. As this is an action for irjuries suffered by an adult, Plaintiff Courtney Mitchell advises that all damages recoverable by law are sought, including those listed in OUJI 2d 4.1. Under item (I), Plaintiff’s lost wages incurred to date are presently unicnown. Under item (J), Plaintiff Courtney Mitchell’s medical bills incurred to date are in the approximate amount of $7,080.00, which amount is subject to increase. These items are among the elements for the jury to consider in fixing the amount of damages to award Plaintiff. Other than the amounts which Plaintiff Courtney Mitchell has specifically identified, and which are capable of being ascertained to some degree of certainty, Plaintiff Courtney Mitchell is unable to guess or speculate as to what amount of damages a july might award. The elements for the jury to consider include the following:

A. Plaintiff’s physical pain and suffering, past and future;

B. Plaintiff’s mental pain and suffering, past and fUture;

C. Plaintiff’s age;

D. Plaintiff’s physical condition immediately before and after the accident;

E. The nature and extent of Plaintiff’s injuries;

F. Whether the injuries are permanent;

G. The physical impairment;

H. Loss of earning/time;

I. Impairment of earning capacity;

3, The reasonable expenses of the necessary medical care, treatment and services, past and future.

31. That prior to this collision, Neveah Pinion, a minor, was in good health with a normal life expectancy, but as a direct and proximate result of the Defendant’s negligence Neveah Pinion, a minor, has sustained damages for which she and Gary Pinion Jr., as father and next friend of Neveah Pinion, a minor, are entitled to recover. 32. That pursuant to the provisions of 12 O.S, §3226(B)(2), Plaintiff Gary Pinion Jr., as father and next friend of Neveah Pinion, a minor, submits this preliminary computation of damages sought in this lawsuit. As this is an action for injuries suffered by a minor child, Plaintiff Gary Pinion Jr., as father and next friend of Neveah Pinion, a minor, advises that all damages recoverable by law are sought, including those listed in OUJI 4.2 and OUJI 4.3. Under item (K) Neveah Pinion’s medical bills incurred to date are in the approximate amount of $42,282.74, which amount is subject to increase. This item is amount the elements for the jury to consider in fixing the amount of damages to award. Other than the amount which has been specifically identified, and which is capable of being ascertained to some degree of certainty, Plaintiff Gary Pinion Jr., as father and next friend of Neveah Pinion, a minor, is unable to guess of speculate as to what amount of damages a jury might award. The elements for the jury to consider include the following:

A. Neveah Pinion’s physical pain and suffering, past and future;

B. Neveah Pinion’s mental pain and suffering, past and future;

C. Neveah Pinion’s age;

D. Neveah Pinion’s physical condition immediately before and after the accident;

E. The nature and extent of Neveah Pinion’s injuries;

F. Whether the injuries are permanent;

G. The physical impairment;

H. The disfigurement;

I. The impairment of earning capacity after reaching the age of eighteen years;

3. The reasonable expenses of necessary medical care, treatment and services required after reaching the age of eighteen years;

K. The reasonable expenses of the necessary medical care, treatment and services Gary Pinion Jr. has incurred in behalf of Neveah Pinion or will incur in the future from now until Neveah Pinion reaches the age of eighteen years;

L. Any loss of past earnings of Neveah Pinion;

M. My future loss of earnings or impairment of earning capacity of Neveah Pinion from now until she reaches the age of eighteen years;

N, My loss of past household and similar services which Neveah Pinion would have given Gary Pinion Jr.; and

0. My loss of household and similar services which Neveah Pinion would have given Gary PinionJr. between now and the time she reaches the age of eighteen years.

WHEREFORE, Plaintiffs, and each of them, pray for judgment against Defendants Andrew Frazier, Justin Martell, and GETCO in an amount potentially in excess of $75,000.00 for compensatory damages, against Defendant Andrew Frazier in an amount potentially in excess of $75,000.00 for punitive damages, together with attorneys’ fees, pre-judgment and post-judgment interest, costs of this action, and for such other relief as the Court may deem just and proper.

Defendant Andrew R. Fraizer appeared but did not answer.

1. Plaintiff, Gary Pinion, Jr., as father and next friend of Neveah Pinion, a minor, represents his daughter’s, Neveah Pinion’s, interests in this action for damages arising out of a motor vehicle accident that occurred on or about February 17, 2010 in the city of Del City along Southeast 44th Street near Lamar Drive as set forth in Plaintiffs’ Petition.

2. Plaintiffs and Defendant, Andrew R. Frazier, have reached a settlement wherein sums of money will be paid to Plaintiff on behalf of Defendant, Andrew R. Frazier, by his liability insurance carñer in the total amount of ($37,500.00), subject to Court approval.

3. Pursuant to the terms of the parties’ settlement, the total amount to be paid in the sum of Thirty-Seven Thousand Five Hundred and No/100 Dollars ($37,500.00) shall be distributed as follows:

a. To Plaintiff, Gary Pinion, Jr., individually, the amount of Twelve Thousand Five Hundred and No/i 00 Dollars ($12,500.00), and;

b. To Plaintiff, Gary Pinion, Jr., as father and next friend of Neveah Pinion, a minor, the amount of Twenty-Five Thousand and No/100 Dollars ($25,000.00), which is to be deposited Into a federally insured bank account for the use and benefit of the minor, Neveah Pinion.

4. Upon approval of the compromise settlement by the Court and payment thereof, Plaintiff, Gary Pinion, Jr., individually and as parent and next friend of Neveah Pinion, a minor, requests he be authorized to file a dismissal with prejudice of Defendant, Andrew R. Frazier, from this matter and cause, and further execute the Settlement, Release In Full of All Claims and Indemnifying Agreement in connection with the settlement.

5. A copy of the Settlement, Release in Full of All Claims and Indemnifying Agreement is attached as Exhibit 1.

6. A copy of the proposed dismissal with prejudice of Andrew R. Frazier from this matter and cause Is attached as Exhibit 2.

7. That the settlement terms heretofore described be approved and adopted by the Court as being fair and in the best interest of minor Plaintiff, Neveah Pinion.

WHEREFORE, the parties move the Court to conduct a hearing for the purpose of determining if said proposed settlement on behalf of minor, Neveah Pinion, and her father, Gary Pinion, Jr., is fair and in said minor’s best interest and thereupon, to approve said settlement.

Outcome: PRINCE: JURY TRIAL / 1ST DAY / ENT: CASE COMES ON FOR JURY TRIAL. PLAINTIFFS APPEAR WITH ATTORNEY JOE CARSON. GERALD PIGNATO APPEARS WITH DEFENDANT . 30 JURORS SWORN TO ANSWER QUESTIONS. 21 CALLED TO BOX. COURT CALLED TO THE BOX. PROSPECTIVE JURORS EXCUSED FOR CAUSE.. JURY EXAMINATION BY PLAINTIFF AND PASSED FOR CAUSE. JURY EXAMINATION BY DEFENDANT AND PASSED FOR CAUSE. PEREMPTORY CHALLENGES, ALL CHALLENGES CALLED. 13 JURORS SWORN TO TRY CASE.COURT'S INSTRUCTION #1. OPENING STATEMENTS BY PLAINTIFF AND DEFENDANT. WITNESS CALLED, TESTIMONY HEARD, EVIDENCE INTRODUCED. CROSS EXAMINATION , PLAINTIFF REST, DEFENDANT REST.COURT'S INSTRUCTIONS TO THE JURY. CLOSING ARGUMENTS. ALTERNATE JUROR EXCUSED. JURY RETIRES TO DELIBERATE AND RETURN WITH VERDICT AND FIND (1) ISSUES IN FAVOR OF THE PLAINTIFF, GARY PINION JR. AND FIX THE DOLLAR AMOUNT OF HIS DAMAGES IN THE SUM OF $17,352.56 (2) ISSUES IN FAVOR OF THE PLAINTIFF, COURTNEY MITCHELL, AND FIX THE DOLLAR AMOUNT OF HER DAMAGES IN THE SUM OF $13,050.25 (3) ISSUES IN FAVOR OF NEVEAH PINION, A MINOR, AND FIX THE DOLLAR AMOUNT OF HER DAMAGES IN THE SUM OF $39,997.74. (4) ISSUES IN FAVOR OF THE PLAINTIFF GARY PINION JR, AS FATHER AND NEXT FRIEND OF NEVEAH PINION, A MINOR, AND FIX THE DOLLAR AMOUNT OF HIS DAMAGES IN THE SUM OF $25,000.00 ( TO BE DEPOSITED INTO TRUST FUND TO NEVEAH WITH 1/2 TO BE AWARADED AT 18 & 1/2 TO BE AWARDED AT 21. SIGNED BY JURY FOREPERSON. JURY DISCHARGED. CLERK TO FILE AND RECORD VERDICT ACCORDINGLY. MARLENA BROWN HOLCOMB COURT REPORTER.

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