Date: 01-09-2013

Case Style: Laura Cruz v. Melva Cole

Case Number: CJ-2010-1052

Judge: Mark Barcus

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Robert A. Flynn

Defendant's Attorney: Kurt K. Hoffman

Description: Laura Cruz sued Melva Cole on an auto negligence theory claiming to have been injured and/or damaged in a car wreck caused by Cole that occurred in Tulsa County, Oklahoma.

The Court read the following statement to the jury describing the case:

The parties to this case are Laura Cruz, the Plaintiff, and Melva Cole, the Defendant.
The parties admit: Both parties agree that the vehicle driven by the Plaintiff was hit by vehicle driven by Melva Cole on February 19, 2008.

Laura Cruz claims that she was properly in the left hand turn lane when Melva Cole negligently attempted to enter the left turn lane and the van driven by the defendant struck the vehicle driven by plaintif and plaintiff sustained injuries as a result of the collision.

Laura Cruz claims that she sustained injuries which were directly caused by the negligence of Melva Cole in one or more of the following respects:

A. Melva Cole breached her duty of care to the plaintiff;

B. Melva Cole failed to properly determine that it was safe to change lanes;

C. Melva Cole failed to observe traffic regulations;

D. Melva Cole failed to give her full attention and time to driving;

E. Melva Cole operated her automobile in a negligent manner
Melva Cole claims:

Melva Cole claims that she was following the proper lane lines and that the Plaintiff attempted to pass her through a solidly mark yellowed turn lane divider striking the Defendant’s vehicle.

Defendant denies that she was negligent and that Plaintiff was injured, and for an additional defense claims that the Plaintiff was negligent in one or more of the following respects:

A. In failing to keep a careful lookout;

B. In failing to operate her vehicle at a safe and reasonable manor;

C. Improper passing;

D. Traveling left of center;

E. Failure to follow marked traffic control device (solid yellow line)

F. In failing to control her vehicle and avoid hitting Defendant’s vehicle. Plaintiff denies the claims of Defendant.

These are the issues you are to determine.

Court Minute from jury trial on June 19, 2012:

BARCUS, MARK: CASE CALLED FOR JURY TRIAL ON 6-18-12. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY PAMELA CORNETT. DEFENDANT PRESENT AND REPRESENTED BY KURT HOFFMAN. DEE DEE TANNER COURT REPORTER. VOIR DIRE WAIVED.

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 - JOHN ARMSTRONG, ELIZABETH SMITH, DR. ELIZABETH DOLIN

DEFENDANT - VICTOR HERNANDEZ, MARY DOYLE, ANNA PUGH

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

PAMELA HICKS, MARY CANNADAY, ROGER CONDRAY, TIMOTHY BOYLES, JONATHAN SHARPE, BUDDY BRIDGEMAN, PATRICIA ADAMS, GINGER JACOBSON, HENRY MCCLAIN, BRIAN WILLIAMS, WALTON THOMAS AND MEGGAN PALMER.

ALT: JON RAMBY

OPENING STATEMENTS ARE MADE. FOUR (4) WITNESSES SWORN. PLAINTIFF HAS 2 WITNESSES, ONE BEING AN EXPERT APPEARING BY VIDEO. DEFENDANT HAD 2 WITNESSES, ONE BEING AN EXPERT APPEARING BY VIDEO. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEFENDANT PRESENTS EVIDENCE AND REST. BOTH SIDES REST.

THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING AREGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND ON JUNE 19, 2012, AT 3:40 P.M., THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF, JOHN MCNEW. ON JUNE 19, 2012, AT 3:58 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:

PINK VERDICT FORM -

"WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANT, MELVA COLE". JURORS CONCURRING, SIGNED THOMAS WALTON, FOREPERSON. JURY DISCHARGED.

Outcome: NOW, on this 19th day of June, 2012, this cause comes on for jury trial before the Honorable Mark Barcus. Plaintiff appears by and through her attorney of record Pamela Cornett and Defendant appears by and through her attorney of record, Kurt K. Hoffman.

Upon the close of the evidence, the jury deliberated and found in favor of the Defendant, Melva Cole. Defendant as the prevailing party is entitled to her statutory costs.

The Court awarded the Defendant the following costs:

Dodson Court Reporting for Plaint ff’s deposition in the amount of $484.10 (voluntarily reduced by the Defendant by $112.00 for mileage charge), Tulsa Diagnostic Imagine for Plaintff’s records $ 70.00, Oklahoma Litigation Support for Jury Trial copies at $21.50, Dodson Court Reporting for Dr. Hendricks deposition at $675.45, Ballard Productions for video of Dr. Hendricks at $100.00 and the Jury Trial fee in the amount of $369. 00 for a total of$1, 720.05.

Plaintiff's Experts:

Defendant's Experts:

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