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Date: 03-25-2010
Case Style: Eric Clark v. George Garrick
Case Number: CJ-2008-7023
Judge: Jefferson David Sellers
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Guy Thiessen, Carr & Carr, Tulsa, Oklahoma
Defendant's Attorney: Tim Crow, Schroeder & Associates, Tulsa, Oklahoma
Description: It was a carbon monoxide poisoning
case.
The defendant was the plaintiff's landlord. During the 2007 ice storm, the
defendant obtained a gas powered generator, placed it in the garage below
plaintiff's garage apartment, and ran it for several hours. Plaintiff
claimed carbon monoxide poisoning due to negligence.
Plaintiff claimed that the carbon monoxide poisoning nearly caused his
death, and that it caused his blood sugar to spike. Plaintiff was treated
by emergency personnel at the scene, transported to a local hospital and
admitted for several days, and received extensive diagnostic testing.
Past medical bills of $14,900 were claimed. Plaintiff was disabled and did
not claim lost wages.
Outcome: Plaintiff's verdict for $28,000 in compensatory damages and $5,000 in punitive damages.
Plaintiff's Experts: David G. Penney, Ph.D., carbon monoxide poisoning expert, St.
Augustine, Florida.
Defendant's Experts:
Comments: Editor's note: Plaintiff demanded $75,000. Defendant offered $31,900 prior to trial and $45,000 during trial after the jury determined that the case would go to a second stage for punitive damages because of reckless disregard.