Date: 01-09-2013

Case Style: Glenda Keys v. Diontae Harris

Case Number: CJ-2009-8001

Judge: Linda G. Morrissey

Court: District Court, Tulsa County, Oklahoam

Plaintiff's Attorney: Noble K. McIntyre, Jeremy Aaron Thurman and Elizabeth Sark

Defendant's Attorney: Eugene Robinson

Description: Glenda Keys and David Carmona sued Diontae Harris and Robin Harris on auto negligence theories claiming to have been injured and/or damaged in a car wreck caused by the Defendants that occurred in Tulsa County, Oklahoma.

a. What: This matter invoTves a personal injury claim arising out of a motor vehicle collision between Defendants Diontae Harris and Robin Harris and Plaintiffs Glenda Keys and David Carmona. Specifically, Plaintiffs allege that Defendant Diontae Harris was negligent in the operation of his vehicle when he changed lanes unsafely and at an excessive speed causing a collision with Plaintiffs vehicle. Defendant Robin Harris is the owner of the car and negligently permitted Defendant Diontae Harris to drive the vehicle. Plaintiffs Glenda Keys and David Carmona were seriously injured as a result of the March 1, 2009 accident.
b. Where: Interstate 44 near the Riverside Exit in Tulsa, Tulsa County.
c. When: March 1,2009
d. Who: Plaintiffs: Glenda Keys and David Carmona
Defendants: Diontae Harris and Robin Harris
e. Other N/A

Defendant admitted liability but contested causation and damages.


Court Minute from jury trial on January 17, 2012:

01-17-2012 CTFREE - 80489328 Jan 18 2012 8:20:22:400AM - $ 0.00
MORRISSEY, LINDA G: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFFS PRESENT AND REPRESENTED BY NOBLE MCINTYRE. DEFENDANTS NOT PRESENT, BUT WERE REPRESENTED BY GENE ROBINSON.

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) CAROL SPEARS 2) WILLIAM GILMORE 3) JULIA LAPSHOVA
DEFENDANT: 1) MICHAEL MCNAMAR 2) STEPHANIE THARPS 3) CHERYL ROBERTS

THE FOLLOWING JURORS ARE ACCEPTED AND SWORN TO TRY THE CAUSE: 1) ALESHA BAKER 2) PAUL ROPER 3) LISA DOTSON 4) KORY HERMS 5) CHAD MILLER 6) BERNITA TESCH 7) DOYLE JUNKER 8) SHERRY JOBE 9) DAVID MORRIS, JR. 10) JENNIFER DRIVER 11) PHOEBE MANCINO 12) PAMELA ZIEGLER 13) ALTERNATE: ROBIN SCHMID

OPENING STATEMENTS ARE MADE. 2 WITNESSES SWORN. RULE WAS NOT INVOKED. COURT REPORTER GARY WOODSON. PLAINTIFF PRESENTS EVIDENCE AND RESTS. 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 ON JANUARY 17, 2012, AT 5:15 P.M., THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. ON JANUARY 17, 2012, AT 6:40 P.M., 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 - FOR PLAINTIFF, GLENDA KEYS

WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE PLAINTIFF, GLENDA KEYS, AND FIX THE DOLLAR AMOUNT OF HER DAMAGES IN THE SUM OF $40,000.

VERDICT FORM - FOR PLAINTIFF, DAVID CARMONA

WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE PLAINTIFF, DAVID CARMONA, AND FIX THE DOLLAR AMOUNT OF HIS DAMAGES IN THE SUM OF $35,000.

JURORS CONCURRING, SIGNED KORY HERMS, FOREPERSON. JURY DISCHARGED.

WITNESSES SWORN: 1) GLENDA KEYS 2) DAVID CARMONA

ALL PER JOURNAL ENTRY TO BE SUBMITTED BY PLAINTIFF'S ATTORNEY WITHIN THIRTY (30) DAYS. COPY OF THIS MINUTE WAS MAILED TO: NOBLE MCINTYRE AND GENE ROBINSON.

Outcome: This action came on for jury ffial before the Honorable Linda Morrissey, District Judge
presiding, and the issues having been hearth Judgment is rendered in the above-styled and numbered case as follows:

The Court finds that there is due Plaintiffs upon a jury verdict rendered in their favor on January L7, 2011, the sum of $35,000.00 for Plaintiff David Carmona plus prejudgment interest at a per diem rate of 5.25% for the time period of October 26, 2009 through December 31, 2009, then continuing at a per diem rate of 5.25% for the time period of January 1, 2010 through December 31, 2010. then continuing thereafter at a rate of 5.25% beginning January 1, 2011 through December 31, 2011, then continuing thereafter at a rate of 5.25% beginning January 1, 2012 through January 17,2012.

The Court finds that there is due Plaintiffs upon a jury verdict rendered in their favor on
January 17,2011, the sum of $40,000.00 for Plaintiff Glenda Keys plus prejudgment interest at a
per diem rate of 5.25% for the time period of October 26, 2009 through December 31, 2009, then
continuing thereafter at a rate of 5.25% beginning January 1, 2010 through December 31, 2010,
then continuing thereafter at a rate of 5.25% beginning January 1, 2011 through December 31,
2011, then continuing thereafter at a rate of 5.25% beginning January 1, 2012 through January
17, 2012.

Post judgment interest will accrue thereafter at a rate of $5.03 per day for the verdict of
Plaintiff David Carniona and $5.75 per day for the verdict of Plaintiff Glenda Keys for the remainder of 2012 at the conclusion of which will then be adjusted, if necessary, for any new rates beginning January 1, 2013 if the verdict is not paid by that time. Judgment is hereby entered in favor of the Plaintiffs, Glenda Keys and David Camwna and against the Defendants, Diontac Harris and Robin Harris.
In accordance with the above, the Court finds the total prejudgment interest calculation
for Plaintiff David Carmona is:
2009 Interest $35,000.00 x 5.25% for 66 days $ 332.26
2010 Interest $35,000.00 x 5.25% for 365 days $ 1,837.50
2011 Interest $35,000.00 x 5.25% for 365 days $ 1,837.50
2012 Interest $35,000.00 x 5.25% for 16 days $ 80.48
Total Prejudgment Interest $ 4.087,74
In accordance with the above, the Court finds the total prejudgment interest calculation for Plaintiff Glenda Keys is:
2009 Interest $40,000.00 x 5.25% for 66 days S 379.50
2010 Interest $40,000.00 x 5.25% for 365 days $ 2,100.00
2011 Interest $40,000.00 x 5.25% for 365 days S 2,100.00
2012 Interest $40,000.00 x 5.25% for 16 days $ 92.00
Total Prejudgment Interest $ 4,671.50
The Court further finds that in accordance with 12 0.5. §942, the Plaintiffs are entitled to an award of the following costs:
Oklahoma County Court Clerk —Filing Fees $ 217.30
Service of Summons —Diontae HaMs and Robin Harris $ 110.00
Video Deposition — Dr. lgor Russo S 200.00
Professional Reporters —Trial Playback of Dr. Russo Video $ 100.00
Copies — 476 copies (4 sets Plaintiff Exh. — 119 pages each) $ 47.60
Sanction/Costs Order Related to Motion to Compel $ 580.00
Total Recoverable Costs $ 1254.90


IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Plaintiff Glenda Keys have and recover judgment of and from Defendants Diontac and Robin Harris, for the judgment sum of $40,000.00, together with prejudgment interest, taxed at $4,671.50 and the recoverable costs of this action, taxed at $627.45, for the total sum of $45,627.45 and post-judgment interest from January 18, 2012 until thejudgment is paid, for all of which let execution issue.

IT IS FURTHER THEREFORE ORDERED, ADJUDGED AflD DECREED that Plaintiff David Carmona have and recover judgment of and from Defendants Diontae and Robin Harris, for the judgment sum of $35,000.00, together with prejudgment interest, taxed at $4,087.74 and the recoverable costs of this action, taxed at $627.45, for the total sum of $39,715.19 and post-judgment interest from January 18,2012 until the judgment is paid, for all of which let execution issue.



Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: