Case Style: Gloriadean Jeannette Lancaster v. Brandi Rebecca Milligan
Case Number: CJ-2009-2089
Judge: Tom A. Lucas
Court: District Court, Cleveland County, Oklahoma
Plaintiff's Attorney: Brent Lee Neighbors, Horton and Neighbors, P.C., Oklahoma City, Oklahoma
Description: COMES NOW the Plaintiff, Gloriadean Lancaster, and for her complaint against the Defendant, Brandi Rebecca Milligan, would show the court and jury as follows:
1. On or about May 19, 2009, in Cleveland County, Defendant Brandi Rebecca Milligan approached Plaintiff, Gloriadean Lancaster, with the intent of causing her great bodily harm.
2. The Defendant then did physically assault and batter Plaintiff by intentionally shooting her with a firearm.
3. As a result of the Defendant’s conduct, Plaintiff suffered mental and physical injuries for which the Plaintiff has incurred medical expenses. Plaintiff has also suffered temporary and permanent physical impairment, which has resulted in loss of wages and lost future earning capacity.
WHEREFORE, Plaintiff prays judgment against Defendant in an amount in excess of $10,000.00 as authorized by law for actual and punitive damages, interest, costs, and such other relief as the Court deems just and proper.
ORDER FOR PRETRIAL CONFERENCE
WHEREAS, the above-entitled cause is or should be at issue.
IT IS THEREFORE ORDERED that, pursuant to Rule 5, Rules for District Courts of Oklahoma:
(a) A Pretrial Conference is to be held in this case on the 13T11 day of JUNE, 2011 at 9:00 o’clock a.m. before the undersigned Judge or Judge presiding in this case at that time; Paragraphs D, E, F, G, H, I, J and K of Rule 5 apply.
(b) Each party shall be represented at the Pretrial Conference by counsel who will conduct the trial, or by co-counsel, with full knowledge of the case and authority to bind such party by stipulation, or by the party in person, if without counsel.
(c) Default. Parties who fail to appear pursuant to this Order shall be considered in DEFAULT, and subject to judgment against them, dismissal of claims or sanctions as appropriate.
(d) Resets and Continuances. Resetting of pretrial will fly be approved upon submission of a joint motion and order, approved by Counsel and ALL PARTIES, striking pretrial conference and resetting new date. It is required that any joint pretrial reset request must be approved by ALL PARTIES involved as well as all counsel of record. Addition of new witnesses or new exhibits are strictly prohibited following initial t,retrial setting, unless joint request to extend scheduling deadlines for that purpose is also approved.
(e) Exhibits. Parties will produce, marked for identification as they will be offered at trial, all exhibits (including rebuttal or surrebuttal) which they intend to offer in evidence with marked copies for the Court and opposing counsel. The parties will exchange all exhibits pursuant to scheduling order deadlines, and if no orders are in place, at least 10 days prior to Pretrial Conference. Review paragraph (d) regarding adding exhibits following initial pretrial setting.
(f) Witnesses. A final list of witnesses (including rebuttal or surrebuttal) who may be called, must be furnished to opposing counsel pursuant to scheduling order deadlines, and if no orders are in place, at least 10 days prior to Pretrial Conference. Exchange shall include current address and phone number, and summary of expected testimony. (Parties who list witnesses not previously disclosed in discovery proceedings must offer such witnesses for deposition PRIOR to Pretrial Conference, or, by agreement, at any time before trial.) Review paragraph (d) regarding adding witnesses following initial pretrial setting.
(g) Requested Jury Instructions. To be submitted at pretrial but will not be argued until trial.
(h) Pretrial Conference Order. The parties shall cooperate in preparation of a Joint Pretrial Order, initiated by Plaintiff, in the form prescribed by Rule 5, for use at Pretrial Conference, complete and signed by Counsel or parties. The Order will supersede the pleadings and govern the trial.
Outcome: On the 11th day of May the above-captioned case came on for non-jury trial before the undersigned Judge of the District Court of Cleveland County, State of Oklahoma. Plaintiff Gloriadean Lancaster, appeared personally and through counsel. Defendant Brandi Rebecca Milligan appeared personally and through counsel.
All parties announced ready for trial. At the outset of the trial the Court entered judgment in Plaintiffs favor on the issue of liability on the grounds that the elements of liability for assault and battery have been established by the criminal conviction of the Defendant in CF-2009- 729 and the subsequent affirmation of that conviction by the Oklahoma Court of Criminal Appeals in Case No. F-201 1-255, over the objection of Defendant’s counsel.
The Trial then proceeded on the issue of damages with the testimony of the Plaintiff. Following the testimony of the Plaintiff, closing arguments were presented by Plaintiffs counsel and Defendant’s counsel.
After due consideration, the undersigned Judge returned into open court with a verdict in favor of Plaintiff and awarded actual damages in the amount of $462,548. 15. The actual damages award consisted of the following: $112,548.15 for medical expenses, $100,000.00 for pain and suffering, and $250,000.00 for disability. The undersigned Judge then determined that the Defendant had acted intentionally and with malice towards the Plaintiff and awarded punitive damages in the amount of $462,000.00.