Date: 11-12-2012

Case Style: Evelyn Foran v. Tulsa Industrial Products, Inc.

Case Number: CJ-2010-2445

Judge: Linda G. Morrissey

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Robert L. Rode, David B. Bean, Jesse L. Fettkether and Bodil M. Mills

Defendant's Attorney: Matthew B. Wade

Description: Evelyn Foran and James E. Foran sued Tulsa Industrial Products, Inc., Mark Haney and Richard Robbins on auto negligence and respondeat superior theories claiming to have been injured in a car wreck caused by Haney and Robbins.

On or about April 23, 2008, Plaintiff Evelyn Foran was driving a 2004 Dodge Ram 1500 Pick-up truck northbound on Detroit Avenue in Tulsa, Oklahoma, immediately north of the intersection of 53 Street. Defendant Richard Robbins was backing a vehicle out of a private driveway when he backed his vehicle into the Plaindff’s vehicle causing a collision.

The Plaintiff alleges that the collision was caused by the negligence of the defendant(s) as follows:

a. Defendant breached the dun to use ordinary care to prevent injury to others;

b. Defendant failed to keep a proper lookout;

c. Defendant drove carelessly;

d. Defendant was inattentive;

e. Defendant failed to maintain an assured clear distance;

f. Defendant was driving too fast for conditions;

g. Defendant was negligent per se,

Plaintiff alleges that the collision caused physical injury, mental anguish, past and future medical expenses, lost wages and other damages in an amount in excess of $75,000.00.

Defendant generally denied all of the allegations made by the Plaintiff. Defendant also claimed that Defendant suffered from pre-existing injuries, disease or injuries unrelated to the accident.

Outcome: MORRISSEY, LINDA G: NOW ON THIS 9TH DAY OF OCTOBER, 2012, THE DISTRICT COURT OF TULSA COUNTY, OKLAHOMA RECONVENES PURSUANT TO ADJOURNMENT. PRESENT AND PRESIDING: HON. LINDA G. MORRISSEY, DISTRICT JUDGE; GARY WOODSON, COURT REPORTER; BRYAN SCHULER, BAILIFF; KIM O'BRIEN, MINUTE CLERK. PUBLIC PROCEEDINGS WERE HAD TO WIT:

CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF WAS PRESENT AND REPRESENTED BY DAVE BEAN. DEFENDANT WAS PRESENT AND REPRESENTED BY MATTHEW WADE.

THE JURORS ARE CALLED AND SWORN TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. ONE JUROR IS EXCUSED FOR CAUSE. THE JURORS ARE ACCEPTED BY CAUSE, AND SWORN TO TRY THE CAUSE.

OPENING STATEMENTS ARE MADE. 5 WITNESSES SWORN. RULE WAS INVOKED. GARY WOODSON, COURT REPORTER. 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 AT 3:30 PM, THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 5:25 PM, THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT, WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: “WE THE JURY IMPANELED AND SWORN IN THE ABOVE-ENTITLED CAUSE DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE PLAINTIFF, EVELYN FORAN, AND FIX THE DOLLAR AMOUNT OF HER DAMAGES IN THE SUM OF $95,400.00.

JURORS CONCURRING, SIGNED FOREPERSON.” JURY DISCHARGED.

3 WITNESSES SWORN; 2 EXPERT WITNESSES SWORN

Plaintiff's Experts:

Defendant's Experts:

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