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Date: 05-14-2019

Case Style:

State of Oklahoma, ex rel. Department of Transportation v. Polly Properties, LLC, et al.

Case Number: CJ-2008-5677

Judge: Rebecca Nightingale

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Michael Esmond and Scott Morgan

Defendant's Attorney: Robert Butler and Chad Neuens

Description:





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Tulsa, OK - The State of Oklahoma, ex rel. Department of Transportation sued Polly Properties, LLC seeking to acquire by emenient domain (condemnation)certain rights, title and interests in real property for public used.

This case was filed in 2008 and had a long and complicated history.

The only issue left for resolution by 2019 was a claim by Trade Wins East Winds Motor Hotel East, Inc. against United National Insurance Company relating to damages sustained by Trade Wins' hotel

Defendant claimed that Tradewinds failed to time file it claim.

Outcome: 11-30-2009 DISPCVDM

CASE IS STRICKEN AS SETTED PER ROBERT NICHOLS
1 JOE MOBLEY INVESTMENT COMPANY
11-30-2009 DISPCVDM

CASE IS STRICKEN AS SETTED PER ROBERT NICHOLS
1 MITCHELL, IVA L
11-30-2009 DISPCVDM

CASE IS STRICKEN AS SETTED PER ROBERT NICHOLS
1 MITCHELL, ROBERT S
11-30-2009 DISPCVDM

CASE IS STRICKEN AS SETTED PER ROBERT NICHOLS
1 POLLY PROPERTIES LLC
11-30-2009 DISPCVDM

CASE IS STRICKEN AS SETTED PER ROBERT NICHOLS
1 TULSA COUNTY TREASURER


09-04-2014 DISPDWOP

NIGHTINGALE, REBECCA: ORDER GRANTING THIRD PARTY DEFENDANTS' MOTIONS TO DISMISS ENTERED.
2 SHERWOOD CONSTRUCTION CO INC
09-04-2014 DISPDWOP

NIGHTINGALE, REBECCA: ORDER GRANTING THIRD PARTY DEFENDANTS' MOTIONS TO DISMISS ENTERED.
2 UNITED NATIONAL INSURANCE COMPANY
09-04-2014 DISPDWOP

NIGHTINGALE, REBECCA: ORDER GRANTING THIRD PARTY DEFENDANTS' MOTIONS TO DISMISS ENTERED.
2 W N COUCH CONTRACTORS


05-14-2019 CTFREE

NOW ON THIS 6TH DAY OF MAY, 2019, THE DISTRICT COURT OF TULSA COUNTY, OKLAHOMA RECONVENES PURSUANT TO ADJOURNMENT. PRESENT AND PRESIDING: HONORABLE REBECCA B. NIGHTINGALE, DISTRICT JUDGE; KEMA HICKS, COURT REPORTER; BROOKE GOLIGHTLY, BAILIFF; DENISE AMBROSIO, MINUTE CLERK. PUBLIC PROCEEDINGS WERE HAD TO WIT:

RULE OF SEQUESTRATION. CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. MICHAEL ESMOND AND SCOTT MORGAN PRESENT AS COUNSEL FOR PLAINTIFF TRADE WINDS MOTOR HOTEL EAST, INC.; ROGER BUTLER AND CHAD NEUENS PRESENT AS COUNSEL FOR DEFENDANT UNITED NATIONAL INSURANCE COMPANY.

THE JURORS ARE CALLED AND SWORN AS TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. THREE JURORS ARE EXCUSED FOR CAUSE. THE REMAINING JURORS ARE ACCEPTED FOR CAUSE. THREE (3) PEREMPTORY CHALLENGES ARE MADE BY THE PLAINTIFF. THREE (3) PEREMPTORY CHALLENGES ARE MADE BY THE DEFENDANT. TWELVE (12) JURORS AND ONE (2) ALTERNATES ARE ACCEPTED AND SWORN TO TRY THE CAUSE.

RULE OF SEQUESTRATION. OPENING STATEMENT IS MADE BY THE PLAINTIFF. OPENING STATEMENT MADE BY DEFENDANT. KEMA HICKS, COURT REPORTER. THIRTEEN (13) WITNESSES ARE SWORN. PLAINTIFF PRESENTS EVIDENCE AND RESTS. PLAINTIFF'S WITNESSES: BRADFORD MITCHELL, MICHAEL ANDREW GORDON, KATE WILKINSON, JOYCE GORDON, DAVID HUGH O'DANIELL, GREG ALLEN MARTIN, CREIGHTON THOMPSON (EXPERT) AND RICHARD CARY.

DEFENDANT'S DIRECTED VERDICT IS DENIED IN PART AND GRANTED IN PART.

DEFENDANT PRESENTS EVIDENCE AND RESTS. DEFENDANT'S WITNESSES: FELIX ONTIVEROS, JEFF HOLMES, LYNN MITCHELL (EXPERT) MICHAEL BERRYMAN (EXPERT) AND DIANE LUTHER (EXPERT).

PLAINTIFF'S REQUEST FOR DIRECTED VERDICT IS DENIED. DEFENDANT'S REQUEST FOR DIRECTED VERDICT IS DENIED IN PART AND GRANTED IN PART.

THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE ALTERNATE JUROR(S) ARE EXCUSED. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 10:24 AM ON MAY 14, 2019, THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 4:00 PM ON MAY 14, 2019, THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT, WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT:

VERDICT FORM - BREACH OF CONTRACT - FOR DEFENDANT UNITED NATIONAL INSURANCE COMPANY

WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANT, UNITED NATIONAL INSURANCE COMPANY.

VERDICT FORM SIGNED BY FOREPERSON, JULIE MARCH, ONLY.

VERDICT FORM - BREACH OF DUTY OF GOOD FAITH AND FAIR DEALING - FOR PLAINTIFF TRADE WINDS MOTOR HOTEL EAST, INC.

WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE PLAINTIFF, TRADE WINDS MOTOR HOTEL EAST, INC. AND FIX DAMAGES IN THE SUM OF $0.

VERDICT FORM SIGNED BY NINE JURORS.

JURY RELEASED.

Plaintiff's Experts:

Defendant's Experts:

Comments:



 
 
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