Date: 12-17-2012

Case Style: Kathy Ross v. Zachary Taylor Hemphill

Case Number: CJ-2008-2286

Judge: Rebecca B. Nightingale

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Shannon McMurray, Anthony Lee Allen and Thomas H. Landrum

Defendant's Attorney: Mark A. Warman

Description: Kathy Ross sued Zachary Taylor Hemphill on an auto negligence theory claiming to have been injured and/or damaged as a direct result of a car wreck caused by Hemphill.

The parties agreed that a car accident occurred in Tulsa County involving 3 cars on April 14, 2006.

Plaintiff claimed that she sustained injuries which were directly caused by the negligence of Defendant. Defendant denied that he was negligent and that Plaintiff was injured. Additionally, Defendant claimed that Plaintiff’s injury, if any, was caused by Raymond Bearpaw, a third-party not named in this action.

NIGHTINGALE REBECCA: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENT BY SHANNON MCMURRAY AND THOMAS LANDRUM. DEFENDANT IS PRESENT AND REPRESENTED BY MARK WARMAN. THE JURORS ARE CALLED AND SWORN TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. THE JURORS ARE ACCEPTED FOR CAUSE. PEREMPTORY CHALLENGES: PLAINTIFF: 1) DAVID WHITEHEAD; 2) SCOTTY MCDANIEL AND 3) JAMES DEARMAN. DEFENDANT: 1) APRIL MARTINEZ; 2) JAMES SMITH CONE AND 3) LINDA HUGHES.

OPENING STATEMENTS ARE MADE. 7 WITNESSES SWORN. RULE WAS INVOKED. REPORTER ROBIN QUICK. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEFENDANT DEMURS AND DEMURRER IS OVERRULED. DIRECT VERDICT IS GRANTED AS TO FRAUD. DEFENDANT PRESENTS EVIDENCE AND RESTS. BOTH SIDES REST. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 2:45 P.M., THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF.

Outcome: AT 5:15 P.M., JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT, WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: "WE, THE JURY, IMPANELLED AND SWORN IN THE ABOVE ENTITLED CAUSE DO UPON OUR OATHS FIND THE ISSUES: IN FAVOR OF THE DEFENDANT.

JURORS CONCURRING, SIGNED JUSTEN REDDICK - JURY DISCHARGED. WITNESSES SWORN: 1) KATHY ROSS; 2) LEATRICE BEARPAW; 3) RANDY KIMBLEY; 4) JAMES ROSS; 5) TABITHA NIKEL; 6) ZACHARY HEMPHILL AND 7) DR. JAMES MAYOZA (VIDEO)

NIGHTINGALE, REBECCA: PLAINTIFF'S MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT IS TIMELY FILED AND CONSIDERED BY THE COURT. PLAINTIFF'S MOTION IS DENIED. MOTION TO TAX COSTS AND EXPENSE IN THE AMOUNT OF $1,596.58 IS GRANTED. DEFENDANT IS TO PREPARE AND SUBMIT WRITTEN JOURNAL ENTRY OF JUDGMENT. NOTICE TO: SHANNON MCMURRAY AND MARK WARMAN

Defendant, Zachary Taylor Hemphill, by and through his counsel of record herein, Mark A. Warman, does hereby acknowledge receipt from the Plaintiff, Kathy Ross, in the above- entitled cause of the amount due of $1,596.58 upon the judgment rendered in said cause on the 2’ day of August, 2012, in favor of the Defendant herein and against said Plaintiff, which said sum is received and accepted in full payment and satisfaction of said judgment with interest and costs, and in full payment and satisfaction of any and all liens and claims in said cause and in and to the proceeds of said judgment, and the Defendant, Zachary Taylor Hemphill, does hereby release, acquit and forever discharge said Plaintiff of and from all liability to and demand of the undersigned, in respect to said cause and judgment.

Plaintiff's Experts:

Defendant's Experts:

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