Date: 09-13-2013

Case Style: Pamela Regina McMahan v. James Robert Stephan

Case Number: CJ-2011-5656

Judge: Mary Fitzgerald

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: James E. Frasier, Frank W. Frasier and Sara Bryning

Defendant's Attorney: Anthony P. Sutton and Timothy F. Crow

Description: Pamela Regina McMahan sued James Robert Stephan, Michelle Stephan, Zachary Collins, Chris Collins and Cork Wine Cafe d/b/a Bacio, LLC on auto negligence theories claiming:

I

This amendment is pursuant to 12 0.5. § 2015 in that Plaintiff has written consent of the Court’s Order of 30 July, 2013, to file this amended Petition to add additional parties to her cause of action. Namely, those parties are Michelle Stephan who was the licensed owner of the vehicle operated by James Robert Stephan at the time of the accident and Zachary Lee Collins and Chris Collins, d/b/a The Cork Wine Café, formerly known as Il Bacio, LLC, an Oklahoma Limited Liability Company.

II

That the facts which give rise to this cause of action occurred in Tulsa County. That this Court has jurisdiction over the parties and the subject matter of this action.

IlI

That on or about the 3”’ day of September, 2011, on 1 1th Street near South Mingo Road in Thlsa, Oklahoma, James Robert Stephan did negligently drive his vehicle into the vehicle in which Plaintiff Pamela Regina McMahan was a passenger. James Robert Stephan is further negligent in that he had been drinking prior to the accident at the establishment owned by Zachary Lee Collins and Chris Collins d/b/a The Cork Wine Café, formerly known as II Bacio. That as a resifit of the negligence of the Defendant, the Plaintiff suffered severe, painful and permanent injuries to her person which have prevented her from transacting her business, and forced her to spend large sums of money to effect a cure to her injuries.

IV

The Cork Wine Café is negligent in that James Robert Stephan was an employee of The Cork Wine Café and the employees of The Cork Wine Café either knew or should have known that Mr. Stephan was intoxicated and should not have continued to serve him prior to his operating a motor vehicle. That as a result of the negligence of the employees of The Cork Wine Café, Defendant James Robert Stephan operated a motor vehicle having been served too much alcohol by employees of the Co-Defendant The Cork Wine Café. As a result of the combined negligence of these Defendants, the Plaintiff suffered severe, painful and permanent injuries to her person which have prevented her from transacting her business, and forced her to spend large sums of money to effect a cure to her injuries.

V

Defendant Michelle Stephan had knowledge that James Robert Stephan’s driver’s license had been suspended and that he had previously been charged with a DUI. That as a result of the negligence of Michelle Stephan, the Plaintiff suffered severe, painful and permanent injuries to her person which have prevented her from transacting her business, and forced her to spend large sums of money to effect a cure to her injuries.

VI

That at the time of the negligence of the Defendant and the resulting injuries to this Plaintiff, Pamela Regina McMahanwas 46 years of age with a normal life expectancy of 32.5 years according to the United States Life Tables.

WHEREFORE, premises considered, the Plaintiff prays for damages against the Defendants in a sum in excess of Ten Thousand Dollars ($10,000.00) as actual damage, and a like sum as punitive damages, together with interest thereon, all costs of this action and for such other relief to which they may be entitled.

The defenses asserted are not available.

Outcome: Dismissed with prejudice as to James Robert Stephan only.

Plaintiff's Experts:

Defendant's Experts:

Comments: