Date: 12-18-2012

Case Style: Kendal Core v. Jim Lyman

Case Number: CJ-2008-5134

Judge: Mary Fitzgerald

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Steve Gray

Defendant's Attorney: Thomas E. Baker

Description: Kendal Core and Sharon Core sued Jim Lyman and Kay Lyman on fraud theories.

The Court read the following statement of the case to the jury at the end of the trial:

The parties to this case are Kendal and Sharon Core, Plaintiffs, and Jim and Kay Lyman, Defendants.

The parties admit:

That in September 2006, the parties entered into a contract wherein the Plaintiffs purchased a home in Sperry, Oklahoma, from the Defendants on October 30, 2006.

Plaintiffs claim:

Plaintiffs claim that the Defendants failed to disclose material defects in the residence purchased. Specifically, Plaintiffs claim that Defendants failed to disclose:

a. The nature of the pool and major repairs made to it.

b. Improper repairs of the plumbing.

c. Malfunctioning of the septic tank system.

d. Improper repairs with the roof in the sun porch.

e. Improper repairs of duct work related to hidden sump pump.

f. Improper repair of air conditioners.

g. Additions and/or alterations made without necessary permit.

Defendants claim:

Defendants claim that they made a fill disclosure of all defects to the residence known to them at the time of the contract and that Plaintiffs had a duty to investigate the home before buying it and had ample opportunity to do so. Defendants also claim that the house was sold “as is”, or without warranty, in that Plaintiffs had negotiated $15,000.00 off the purchase price. Finally, Defendants maintain that the law requires Plaintiffs, the owners, to mitigate any found damage and that failure to do so prevents any financial recovery.

Outcome: FITZGERALD, MARY: CASE CALLED FOR JURY TRIAL. 4-2-2012 THROUGH 4-4-2012. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PL PRESENT AND REPRESENTED BY STEVEN GRAY. DF PRESENT AND REPRESENTED BY TOMAS BAKER. THE JURORS ARE CALLED AND SWORN TO QUALIFICATIONS. THE JURY IS IMPANELLED AND EXAMINED FOR CAUSE. NO JURORS ARE EXCUSED FOR CAUSE. THE JURORS ARE ACCEPTED FOR CAUSE.

PEREMPTORY CHALLENGES:

PL: 1) EVERETT BOWERS, 2) DONNA LIGHTFOOT, 3) WILMA STAAB DF: 1) GREGORY CICHON, 2) MICALA STIRN, 3) RUTH ROSS

THE FOLLOWING JURORS ARE ACCEPTED AND SWORN TO TRY THE CAUSE.

1) TONIA JORDAN, 2) BARRON BOHNWAGNER, 3) IRIS TIBBS, 4) LINDA POGUE, 5) CHERYL DUNLAP 6) MIRD PETTIES, 7) BRENDA HAHN, 8) CHRIS FULLER, 9) ELIZABETH GRAY, 10) TANYA JACKSON, 11) LE HICKS, 12) IVY NEWSOME

ALT: ROBERT BUSCH

OPENING STATEMENTS ARE MADE. 11 WITNESSES SWORN. RULE IS INVOKED. REPORTER LISA FOSTER. PL PRESENTS EVIDENCE AND RESTS. DF DEMURS AND DEMURR IS OVERRULED. DF PRESENTS EVIDENCE AND RESTS.DF MOVES FOR DIRECTED VERDICT AND IS OVERRULED. BOTH SIDES REST. THE JURY IS ISTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILLIF IS WAIVED AND AT 3:13 PM, THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 4:30 PM, 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 THAT ISSUES FOR THE DF. JURORS CONCURRING, SIGNED CHRIS FULLER FOREMAN. JURY DISCHARGED. WITNESSES SWORN:

1) KENDAL CORE, 2) MICHAEL SMITH, 3) MARY KEANE, 4) MARK STEPHENS, 5) DONALD DUNN 6) JERRY MCCOY, 7) DAVID PALMER, 8) SHARON CORE, 9) KAY HEYMAN, 10) FLEETA SUNDAY, 11) JIM LYMAN

Plaintiff's Experts:

Defendant's Experts:

Comments: