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Date: 09-13-2013

Case Style: Charrlesse Clark v. Saddlebrook Investments, LLC

Case Number: CJ-2011-5117

Judge: Carlos Chappelle

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Jim Lloyd, James R. Lloyd, II, Nancy Lloyd

Defendant's Attorney: Brian Dittrich

Herlinda M. Arriaga for Spinal Therapeutic Services, Inc. and Kruger Family Chiropractic

Susan Lentz and Jared Lentz for EMSA and Saint Francis Hospital

Description: Charrlesse Clark sued Saddlebrook Investments, LLC and Frank Schuette on negligence theories claiming to have been injured and/or damaged in and accident in Tulsa County, Oklahoma caused by Schuette.

1. Admitted.

2. Admitted in part, denied in part. The Defendant admits thatthe bner of the apartment building where the Plaintiff was a tenant was Saddlebrook Investments, LLC The remaining allegations contained in paragraph 2 of the Plaintiffs petition aregenied>

3. Admitted.

4. Admitted.

5. The allegations contained in paragraph 5 of the Plaintiffs petition do not require a response from the Defendant.

6. The Defendant is without sufficient information to either admit or deny the allegations contained in paragraph 6 of the Plaintiffs petition and therefore denies the same.

7. Denied as characterized by Plaintiff.

8. The Defendant is without sufficient information to either admit or deny the allegations contained in paragraph 8 of the Plaintiffs petition and therefore denies the same.

9. Denied.

10. Denied.

11. The allegations contained in paragraph 11 of the Plaintiffs petition do not require a
response from the Defendant.

12. Admitted.

13. Denied.

14. Denied.

AFFIRMATIVE DEFENSES

1. Failure to state a claim upon which relief can be granted.

COME NOW the Defendants, Saddlebrook Investments, L.L.C. and Frank Schuette (“Defendants”), and, in accordance with the Court’s order issued June 28, 2013 and filed in this matter on July 1, 2013, hereby interpleads funds in the amount of Seven Thousand Five Hundred Dollars and No Cents ($7,500.00).

1. This action stems from the collapse of a ceiling while Plaintiff was a resident in the Defendants’ apartment complex. The ceiling collapse damages Plaintiffs property and Plaintiff sought medical attention.

2. Undersigned counsel has secured a settlement in the amount of $7,500, which represents the value of the property damaged in the ceiling collapse

3. Defendants have interplead the full settlement amount of $7,500 into Court.•

4 Attorneys have a 40% Contingency Fee contract with Plaintiff, which amoiints to $3.,000 Counsel agrees to reduce this amount by $529.48 for a total attorney fee of $2,470.. [Exhibit 1] Additionally, Attorneys have expended $1,279.48 in costs on this case, which is reimbursable pursuant to contract with Plaintiff. [Exhibit 2]

5. Attorneys are claiming an attorneys’ lien of $3,750, pursuant to 5 OKLA. STAT. ANN. § 6, 7, 8, and 9.

6. Attorneys’ lien is superior to all other liens. Vinzant v. Hillcrest Med. Ctr., 1980 OK 50, /
609P.2d 1274.

7. The following persons may claim an interest in the settlement funds:

Emergency Medical Services Authority
Works & Lentz, Inc.
Susan E. Lentz, Esq.
1437 South Boulder, Suite 900
TulsaOK 74119

Saint Francis Hospital
Works & Lentz, Inc.
Jared C. Letnz, Esq.
1437 South Boulder, Suite 900
TulsaOK 74119

EMP of Tulsa County PLLC
P. 0. Box 182554
Columbus OH 43218
Radiology Consultants
Attn: Patient Accounts
P. 0. Box 4975
Tulsa OK 74159

Krueger Family Chiropractic
Dr. John P. Krueger
7030-M South Lewis
Tulsa OK 74136

Gerald Snider, M. D.
Spinal Therapeutic Services, Inc.
5401 East 71 Street, Suite 2
Tulsa OK 74136

8. All remaining sums should be awarded to Plaintiff.

WHEREFORE Plaintiff requests that this Court award his attorneys $3,750.00 from the settlement proceeds, all remaining sums to Plaintiff, and for such other relief that this Court deems just and proper.


Outcome: This action stems from the collapse of a ceiling while Plaintiff was a resident in the Defendants’ apartment complex. The ceiling collapse damages Plaintiff’s property and Plaintiff sought medical attention.

Plaintiffs counsel has secured a settlement in the amount of $7,500.

Defendants have interpleaded the full settlement amount of $7,500 into Court.

All claimants of the interpleaded funds shall be responsible for paying the 1% fee required by 28 OKLA. STAT. ANN. § 31.

Plaintiffs Counsel have a 40% Contingency Fee contract with Plaintiff, which amounts to $3,000. Counsel agrees to reduce this amount by $529.48 for a total attorney fee of $2,470.52. Additionally, Attorneys have expended $ 1,279.48 in costs on this case, which is reimbursable pursuant to contract with Plaintiff.

Plaintiffs’ Counsel are awarded a total attorney fee of $2,470.52 and legal costs of $1,279.48 for a total award of $3,750 pursuant to 5 OKLA. STAT. ANN. § 6, 7, 8, and 9; after fees pursuant to 28 Okla. Stat. Ann. § 31 are paid, the Court Clerk is ordered to pay Plaintiffs’ Counsel $3,712.50;

Emergency Medical Services Authority is awarded the sum of $233.43.


Saint Francis Hospital is awarded the sum of $2,377.41.

EMP of Tulsa County PLLC is awarded the sum of $0.

Radiology Consultants is awarded the sum of $0.

Plaintiff's Experts:

Defendant's Experts:

Comments:



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