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Date: 10-01-2007

Case Style: Linda Frick vs. Keyport Marina, Inc.

Case Number: CJ-2006-397

Judge: Lawrence Parish

Court: District Court of Creek County, Oklahoma

Plaintiff's Attorney:

Tom C. Lane, Sr., Tom Lane & Associates, Sapulpa, Oklahoma

Defendant's Attorney:

Bradley Jackson, Rhodes, Hieronymus, Jones, Tucker & Gable, P.L.L.C., Tulsa, Oklahoma

Description:

Case Description: This was a boat explosion and fire occurring at Keyport Marina. Dispute centered over whether the dock worker or Plaintiff's husband failed to properly fill the boat with gas. Located next to the gasoline inlet was a fishing rod holder with an open bottom. Keyport defended that the husband had introduced the fuel which caused the explosion and burning.

Ms. Frick suffered severe burns requiring skin grafts and endured tremendous pain. The Friday before trial was to begin on Monday, defendants offered $25,000.00. Plaintiff had $35,600 in medical and over $5,000 in lost wages. none of this was disputed. Defendant's expert, Jody Cooper opined the explosion and fire was the result of a backfire causing the engine to burn. Plaintiff's expert, Randy Overturn, opined the e4xplosion and resulting fire was the result of 5 to 8 gallons of gasoline being put in the bottom of the boat and settling in the ski well up next to driver and passenger area of the boat.

Outcome: Jury gave Plaintiff a verdict for $85,000 after 5 hours of deliberation.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Editor's Note: The verdict was returned on September 13, 2007. According to Mr. Lane: Jury system is still alive and doing well in Creek County.



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