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Date: 02-11-2010

Case Style: Jackie Eugene Ellison v. Michael D. Campbell and M.D. Campbell & Associates, L.P.

Case Number: CJ-2007-6256

Judge: Noma D. Gurich

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Joe Reinke, Joseph J. Reinke, P.C., Oklahoma City, Oklahoma

Defendant's Attorney: Steven L. Tolson, Edmond, Oklahoma

Description: 1. The only legal theory of recovery tried before the jury with regards to the Plaintiffs was a common law breach of contract theory. Prior to the trial on the merits, the district court dismissed the Plaintiffs' causes of action for negligence and tortuous breach of contract.

2. The only legal theory of recovery tried before the jury with regards to the Defendants, in the form of a counterclaim, was breach of contract due to the failure of the Plaintiffs to pay for outstanding invoices for professional services rendered.

3. The district court did not allow the Defendants to try their claims for declaratory judgment and unjust enrichment. Those claims were prohibited under an order in limine.

4. The nature of the litigation in Oklahoma County arose from the Defendants' employment as an expert in Canadian County litigation which was filed in late 1999 or early 2000. That litigation ended in early 2007. By summer of 2007, the Plaintiffs in the Oklahoma County litigation sued the Defendants.

5. Because of the district court's in limine order, the Defendants were not permitted to raise at trial many issues pertaining to the Canadian County litigation, including but not limited to a settlement in favor of the Plaintiffs, as well as other matters pertaining to the conduct of the Plaintiffs in that litigation.

6. In the Oklahoma County litigation, the Plaintiffs did not offer any expert testimony at trial to impeach or otherwise impugn the expert reports and testimony of the Defendants' expert testimony. The district court refused to grant a directed verdict.

Outcome: Plaintiffs' verdict for $408,748.68.

Plaintiff's Experts: None

Defendant's Experts: Defendant testified as a expert on his own behalf.

Comments: Michael D. Campbell commented: The OK Civil Appeals Court has Reversed the jury findings.

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