Date: 03-03-2011

Case Style: Steven R. White v. Heng Ly Lim

Case Number: CJ-2006-639

Judge: Dynda R. Post

Court: District Court, Rogers County, Oklahoma

Plaintiff's Attorney: Michael Charles Woodward, Tulsa, Oklahoma

Defendant's Attorney: Donald Dean Cates, Tulsa, Oklahoma for Heng Ly Lim and Rachel Sunnora Lim

Description: The action arose out of a residential real estate transaction. Steven R. White sued Heng Ly Lim, Rachel Sunnora Lim, Karla Yates and Action Real Estate, LLC alleging fraud, negligent misrepresentation, breach of contract, and violation of Residential Property Condition Disclosure Act.

The claims made and defenses asserted. The Supreme Court, in a 9-0 Opinion, determined that only the remedies allowed by the Residential Property Condition Disclosure Act, 60 O.S. Section 831 et seq. were available to the Plaintiffs. This changed the law in the State of Oklahoma. Upon remand, the Plaintiff dismissed the realtor, Karla Yates and Action Real Estate, LLC with prejudice before trial. The action was tried to the jury for violation of the Residential Property Condition Disclosure Act.

Outcome: Defendant's verdict.

Plaintiff's Experts: None

Defendant's Experts: None

Comments: The case had previously gone to the Supreme Court by reason of discovery issues, i.e., availability of punitive damages and the consequent effect of such on discovery of Defendants' financial information. Such case essentially changed the law, 9-0, as pertains to the remedies available under common law and the Residential Property Condition Disclosure Act claims arising out of the sale of a residential property.