Date: 02-19-2014

Case Style: Helen Sheridan v. Vernon Donald Service and Claude Wilkinson d/b/a Wilkinson Investments, LLC

Case Number: CJ-2012-439

Judge: Gary E. Miller

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Ashton A. Handley

Defendant's Attorney: M. Michael Arnett

Description: 1. That Plaintiff is a resident of Canadian County, Oklahoma.

2. That Defendant, Vern Donald Spence, is a resident of Canadian County, Oklahoma, and the licensed operator of the vehicle involved herewith.

3. That Defendant, Claude Wilkinson, is the owner and operator of Wilkinson Investments LLC, a business operated within the state of Oklahoma, and the licensed owner of the vehicle driven by the Defendant, Vern Spence, at the time of the accident described below.

4. Plaintiffs bring this suit to recover damages for personal injuries sustained in a motor vehicle accident which occurred in Oklahoma County, Oklahoma, on or about the gth day of August, 2010.

5. Plaintiffs’ injuries were directly and proximately caused by the negligence of the Defendant, Vern Donald Spence, and through no fault of their own.

6. That at the time of the accident, the Defendant Vern Spence, was in the course of his employment with the Defendant, Claude Wilkinson , d/b/a Wilkinson Investments LLC, and that the Defendant, Claude Wilkinson, d/b/a Wilkinson Investments LLC, is therefore liable to Plaintiff through Responcleat Superior.

7. As a result of the collision above described, Plaintiff has suffered personal injuries causing Plaintiff to sustain bodily impairment and loss of earnings. Plaintiff have further experienced physical pain, mental anguish and have been caused to incur medical charges and expenses for her injuries.

8. By reason of the above and foregoing Plaintiff has been damaged in amount in excess of $10,000.00.

COUNT TWO

9. That Plaintiffs’ vehicle received damages in the collision and said damages were directly and proximately caused by the negligence of the Defendant, Vern Spence and through no fault of her own.

10. That by reason of the above and foregoing, Plaintiff has been damaged in an amount in excess of $io,ooo.oo. WHEREFORE, Plaintiff prays for judgment against the Defendants in an amount in excess of $10,000.00, plus attorneys fees, costs and interest, and any further relief to which they may be entitled.

DEFENDANT'S ANSWER TO PETITION

COMES NOW the Defendants, VERN DONALD SPENCE and CLAUDE WILKINSON, by and through their counsel of record, M. MICHAEL ARNEIT, and allege and state as follows:

1. Defendants lack the knowledge to either admit or deny numerical paragraph 1 of the Petition and therefore deny the same.

2. Defendants lack the knowledge to either admit or deny numerical paragraph 2 of the Petition and therefore deny the same.

3. Defendants admit numerical paragraph 3.

4. Defendants admit numerical paragraph 4.

5. Defendants lack the knowledge to either admit or deny numerical paragraph 5 of the Petition and therefore deny the same.

6. Defendants admit numerical paragraph 6.

7. Defendants lack the knowledge to either admit or deny numerical paragraph 7 of the Petition and therefore deny the same.

8. Defendants lack the knowledge to either admit or deny numerical paragraph 8 of the Petition and therefore deny the same.

9. Defendants lack the knowledge to either admit or deny numerical paragraph 9 of the Petition and therefore deny the same.

10. Defendants lack the knowledge to either admit or deny numerical paragraph 10 of the Petition and therefore deny the same.

11. Defendants reserve the right to amend this answer.

WHEREFORE, Defendants having answered filed their answer herein request that the Court deny the Plaintiffs Petition, plus such other and further relief as this Court deems just and proper.

Outcome: NOW on this — day of February, 2014, the above entitled matter duly comes on before the undersigned Judge of the District Court of Canadian County, State of Oklahoma, upon the Petition of Plaintiff, Helen Sheridan. Plaintiff appears by and through her attorney of record, Ashton A. Handley, of THE HANDLEY LAW CENTER, and the Court, upon review, and being fully advised in the premises, finds as follows, to-wit:

1. That the Plaintiff duly served the Defendant, Vern Donald Spence, with Summons and a copy of the Petition filed herein by process server on the l6 day of July, 2012, and that the Defendant’s answer was due on or before the 6th day of August, 2012, as reflected by the return of service filed of record. That Defendant has failed to enter an appearance or file an answer herein and that the time in which to answer or plead to Plaintiff’s petition has elapsed, and the Court, therefore, adjudges the said Defendant, Vern Donald Spence, to be wholly in default.

The Court is provided evidence with respect to Plaintiff’s damages, including medical bills in the amount of$l,218.48, and property loss in the amount of $9,525.00. Being fully advised in the premises, the Court finds that Judgment in favor of the Plaintiff and against the Defendant, Vern Donald Spence, should be rendered as follows:

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that the Plaintiff, Helen Sheridan, have and recover from the Defendant, Vem Donald Spence, the sum of Ten Thousand Dollars ($10,000.00), with statutory interest to accrue thereon from this 19th day of February, 2014; accrued costs in the sum of $547.57, and all costs hereafter accruing, for all of which let execution and garnishment issue.

Plaintiff's Experts:

Defendant's Experts:

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