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Date: 05-28-2015
Case Style: Jesus Salas aka Jesse Salas v. Addison Mary Jirik aka Addison M. Jirik, aka Addison Jirik, Teresa Jirik, Scott Jirik
Case Number: CJ-2013-3623
Judge: Mary Fitzgerald
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney:
Defendant's Attorney: Tim Crow
Description: Tulsa, OK - Jesus Salas aka Jesse Salas sued Addison Mary Jirik aka Addison M. Jirik, aka Addison Jirik, Teresa Jirik, Scott Jirik on auto negligence theories claiming:
Plaintiffs allege and state as follows:
1. Plaintiffs were at all material times residents of Tulsa County, Oklahoma.
2. Defendant Addison Jirik (Hereinafter AJ) was at all material times upon information and belief a resident of Tulsa County, Oklahoma.
3. Defendant Teresa Jirik (Hereinafter TJ) was at all material times upon information and belief a resident of Tulsa County, Oklahoma.
4. Defendant Scott Jirik (Hereinafter SJ) was at all material times upon information and belief a resident of Tulsa County, Oklahoma.
5. Defendant John Doe, a business entity, is a business whose identity is unknown now, but may be revealed through the course of discovery. Defendant John Doe is an entity that transacts business/engages in con-mierce on a regular basis in Oklahoma, and the claims alleged here arise out of the Defendant John Doe’s actions and/or inactions in Oklahoma.
6. Defendant Jane Doe, an individual, is a person residing in Oklahoma whose identity is unknown at this time, but may be revealed through the course of discovery.
7. This motor vehicle incident occurred in Tulsa County, OK on about 02/03/20 12.
8. The incident occurred at about W. Houston St. and S. Gamett Rd. in Tulsa, OK.
9 As a result of the above this Court has jurisdiction over this matter
10 The police officer cited Defendant with citation number 729411
11 The police officer found that Defendant violated statute/ordinance number 23-
53C.
12. Defendant failed to yield, directly causing this incident
13. Defendant was speeding, directly causing this incident
14. This incident occurred in Plaintiffs’ lane of traffic.
15. Defendant was inattentive, directly causing this incident.
16. Defendant made an improper act and/or movement with Defendant’s vehicle.
17. Defendant’s vehicle crashed into the side of Plaintiff’s vehicle.
18. Directly due to this wreck, the Defendant did over $8,782 of damages to Plaintiff’s vehicle.
19. Defendant hit and damaged Plaintiff’s property and/or vehicle.
20. This impact directly caused personal injuries and property damages.
21. Defendant was the unsafe and/or unlawful factor directly causing this incident.
22. Plaintiffs are entitled attorney’s fees and costs per law, including but not limited to 12 U.S. Sec. 940 and 942.
23. The Police officer noted that Plaintiffs made no improper action.
24. Defendant directly caused this crash.
25. Defendant failed to yield to Plaintiffs’ right of way.
26. This incident damaged the vehicle the Defendant was driving.
27. Defendant was inattentive and/or distracted at the time of and/or right before this accident.
28. Defendant admitted fault at the scene.
29. Defendant made an improper action and/or omission while driving a motor vehicle.
30. Defendant violated ordinance(s) and/or Oklahoma Statute(s) and/or law(s), etc.
31. The incident was violent.
32. Defendant directly caused injuries and damages to Plaintiffs.
33. Defendant failed to drive properly and/or reasonably.
34. On the date and time of the incident Defendant AJ was operating a motor vehicle owned and/or controlled by Defendants TJ, SJ, Jane Doe and/or John Doe.
35. At all material times Defendant AJ was an agent, servant, and/or employee of Defendants TJ, SJ, Jane Doe and/or John Doe.
36. At all material times Defendant AJ was acting within the course and scope of employment and/or permission for Defendants TJ, SJ, Jane Doe and/or John Doe.
37. Defendants TJ, SJ, Jane Doe and/or John Doe is/are liable for any improper action and/or omission committed by Defendant AJ during the operation of the motor vehicle, inclusive of the time and date of this incident.
38. Defendant AJ was an authorized driver of Defendants TJ, SJ, Jane Doe and/or John Doe’s motor vehicle at the time of the incident.
39. Defendants TJ, SJ, Jane Doe and/or John Doe negligently and/or improperly entrusted Defendants AJ with said motor vehicle.
40. Defendants TJ, SJ, Jane Doe and/or John Doe negligently and/or improperly hired, retained, supervised, educated, and/or trained Defendant AJ, directly causing this incident and injuries to Plaintiffs.
41. Defendant AJ was in a joint venture and/or in a dual capacity with Defendants TJ, SJ, Jane Doe and/or John Doe at the time of this incident.
42. Defendant breached duties owed to Plaintiffs.
43. Defendant was negligent, negligent per se and/or committed res ipsa because Defendant violated and/or breached applicable statute(s), law(s), and/or ordinance(s), which directly caused injury to Plaintiffs’ person and property.
44. Defendant had the responsibility to drive as reasonably prudent drivers at the date and time of this incident.
45. Defendant violated that responsibility.
46. Defendant was negligent.
47. Defendant directly caused damages to Plaintiffs.
48. As a direct result of the actions and/or omissions of Defendants, Plaintiffs were injured and suffered at least the following damages (this is a non-exhaustive list):
A. physical pain and suffering, past and future;
B. mental pain and suffering, past and future;
C. permanent injuries of a severe nature;
D. physical impairment;
E. loss of earnings andlor wages andlor loss of earning capacity;
F. property damages;
G. loss of use;
H. diminished value to property;
I. diminished earning capacity;
J. medical costs for care, treatment, and service, past and future;
K. mileage;
L. costs;
M. attorney’s fees;
N. expenses;
0. any and all other damages; etc.
Docket
Date Code Description Count Party Amount
08-05-2013 TEXT
Civil relief more than $10,000 Initial Filing.
1
08-05-2013 AUTONEG
AUTO NEGLIGENCE
08-05-2013 DMFE
DISPUTE MEDIATION FEE
$ 2.00
08-05-2013 PFE1
PETITION
Document Available (#1022443726)
$ 163.00
08-05-2013 PFE7
LAW LIBRARY FEE
$ 6.00
08-05-2013 OCISR
Oklahoma Court Information System Revolving Fund
$ 25.00
08-05-2013 CCADMIN02
Court Clerk Administrative Fee on $2 Collections
$ 0.20
08-05-2013 OCJC
Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
08-05-2013 OCASA
Oklahoma Court Appointed Special Advocates
$ 5.00
08-05-2013 CCADMIN04
Court Clerk Administrative Fee on Collections
$ 0.50
08-05-2013 LTF
Lengthy Trial Fund
$ 10.00
08-05-2013 SMF
Summons Fee (Clerks Fee)-3
$ 15.00
08-05-2013 SMIMA
Summons Issued - Mailed by Attorney-3
08-05-2013 TEXT
OCIS has automatically assigned Judge Fitzgerald, Mary to this case.
08-05-2013 ADJUST
ADJUSTING ENTRY: MONIES DUE TO AC09-CARD ALLOCATION
$ 5.72
08-05-2013 ACCOUNT
ADJUSTING ENTRY: MONIES DUE TO THE FOLLOWING AGENCIES REDUCED BY THE FOLLOWING AMOUNTS:
CJ-2013-3623: AC81 Lengthy Trial Fund -$0.25
CJ-2013-3623: AC79 OCIS Revolving Fund -$0.63
CJ-2013-3623: AC64 Dispute Mediation Fees -$0.05
CJ-2013-3623: AC59 Oklahoma Council on Judicial Complaints Revolving Fund -$0.05
CJ-2013-3623: AC58 Oklahoma Court Appointed Special Advocates -$0.13
CJ-2013-3623: AC31 Court Clerk Revolving Fund -$0.02
CJ-2013-3623: AC23 Law Library Fee -$0.15
CJ-2013-3623: AC01 Clerk Fees -$4.44
08-05-2013 ACCOUNT
Receipt # 2013-2656617 on 08/05/2013.
Payor:JOHN TRUSKETT Total Amount Paid: $228.70.
Line Items:
CJ-2013-3623: $173.56 on AC01 Clerk Fees.
CJ-2013-3623: $5.72 on AC09 Card Allocations.
CJ-2013-3623: $5.85 on AC23 Law Library Fee.
CJ-2013-3623: $0.68 on AC31 Court Clerk Revolving Fund.
CJ-2013-3623: $4.87 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2013-3623: $1.95 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2013-3623: $1.95 on AC64 Dispute Mediation Fees.
CJ-2013-3623: $24.37 on AC79 OCIS Revolving Fund.
CJ-2013-3623: $9.75 on AC81 Lengthy Trial Fund.
09-16-2013 EAA
ENTRY OF APPEARANCE / TIMOTHY F CROW ENTERS AS COUNSEL FOR ADDISON JIRIK / CERTIFICATE OF SERVICE
Document Available (#1022969788)
JIRIK, ADDISON MARY
09-24-2013 MO
PALINTIFFS' MOTION FOR SCHEDULING CONFERENCE / A TO J / CERTIFICATE OF SERVICE
Document Available (#1022960615)
STEPP, WESLEY
09-25-2013 CTFREE
FITZGERALD, MARY: ORDER ENTERED SETTING SCHEDULING CONFERENCE ON 10-17-2013 AT 2:30
09-30-2013 O
Order FOR SCHEDULING CONFERENCE / SEE ABOVE ENTRY /
Document Available (#1023097719)
10-03-2013 A
ANSWER OF DEFTS, ADDISON JIRIK, SCOTT JIRIK, & TERESA JIRIK
Document Available (#1023142622)
JIRIK, ADDISON MARY
10-17-2013 CTFREE
FITZGERALD, MARY: SCHEDULING CONFERENCE HELD, JOHN TRUSKETT PRESENT FOR PL, TIM CROW PRESENT FOR DF. SCHEDULING ORDER ENTERED SETTING PRETRIAL ON 7-30-2014 AT 9:00
10-17-2013 SCHO
SCHEDULING ORDER / 10-17-13
Document Available (#1023141331)
02-18-2014 NO
NOTICE OF CHANGE OF FAX NUMBER FOR PLTF'S COUNSEL (SUBMITTED BY JOHN PAUL TRUSKETT)
Document Available (#1024322286)
STEPP, WESLEY
03-31-2014 WL
DEFENDANTS' WITNESS AND EXHITBIT LIST / CERTIFICATE OF SERVICE
Document Available (#1024758759)
JIRIK, SCOTT
06-03-2014 CTFREE
FITZGERALD, MARY: AGREED AMENDED SCHEDULING ORDER ENTERED SETTING PRETRIAL ON 11-14-2014 AT 9:00
06-10-2014 AM
AGREED AMENDED SCHEDULING ORDER / 6-2-14
Document Available (#1026065164)
07-30-2014 CTFREE
FITZGERALD, MARY: PRETRIAL CONFERENCE NOT HELD, RESET TO 11-14-2014 AT 9:00
08-06-2014 WL
DEFENDANTS' REVISED WITNESS AND EXHIBIT LIST
Document Available (#1026818815)
JIRIK, ADDISON MARY
10-24-2014 CTFREE
FITZGERALD, MARY: AGREED AMENDED SCHEDULING ORDR ENTERED RESETTING PRETRIAL ON 1-7-2015 AT 9:00
10-28-2014 AM
AGREED AMENDED SCHEDULING ORDER
Document Available (#1027507512)
11-14-2014 CTFREE
FITZGERALD, MARY: PRETRIAL CONFERENCE NOT HELD RESET TO 1-7-2015 AT 9:00
01-07-2015 CTFREE
FITZGERALD, MARY: PRETRIAL CONFERENCE NOT HELD, RESET TO 4-2-2015 AT 9:00 PER JOHN TRUSKETT
01-27-2015 MO
NOTICE OF CHANGE OF ADDRESS.
Document Available (#1028052283)
04-02-2015 CTFREE
FITZGERALD, MARY: PRETRIAL CONFERENCE NOT HELD, PARTIES TO SUBMITE EITHER MOTION OR ORDER WITHIN 60 DAYS PER JOHN TRUSKETT
04-17-2015 CTFREE
PACE, KIRSTEN: CASE SET FOR FRIENDLY SUIT ON 5-14-15 AT 9:15 A.M. IN ROOM 124 BEFORE JUDGE PACE. (NO INTERPRETER REQUIRED)
EDWARDS, ANGELA
05-14-2015 CRF
COURT REPORTER FEE-TRIAL ON MERITS
$ 20.00
05-14-2015 CTFREE
PACE, KIRSTEN: PLAINTIFF PRESENT AND REPRESENTED BY JOHN TRUSKETT. DEFENDANT REPRESENTED BY KURT HOFFMAN. CASE COMES ON FOR FRIENDLY SUIT HEARING. 1 WITNESS SWORN. REPORTER: TAMI MORSE. COURT ORDER APPROVING SETTLEMENT AGREEMENT WITH MINOR CHILD. ALL SUPPLEMENTAL ORDERS ARE SUBMITTED AND SIGNED BY THE COURT. (TRUST FOR MINOR CHILD) ORDER OF DISMISSAL TO BE ENTERED WHEN PARTIES FILE A RECEIPT OF TRUST ACCOUNT WITHIN 10 DAYS.
SALAS, JESUS
05-14-2015 DWP
DISMISSAL WITH PREJUDICE BY PLTS
Document Available (#1029613494)
JIRIK, ADDISON MARY
05-14-2015 TEXT
ACKNOWLEDGMENT OF RECEIPT OF FUNDS
Document Available (#1029613486)
SALAS, JESUS
05-14-2015 REL
RELEASE OF ALL CLAIMS, INDEMNITY AGREEMENT AND SETTLEMENT AGREEMENT BY PLT
Document Available (#1029613490)
05-14-2015 O
Order FOR DEPOIT OF SETTLEMENT PROCEEDS
Document Available (#1029613482)
05-14-2015 O
COURT Order APPROVING SETTLEMENT AGREEMENT WITH MINOR
Document Available (#1029613478)
05-14-2015 TEXT
COMPUTATIONS SUBMITTED FOR FRIENDLY SUIT APPROVAL
Document Available (#1029613474)
05-14-2015 DISPCVDMWP
DISMISSAL WITH PREJUDICE
2 JIRIK, ADDISON MARY
05-14-2015 DISPCVDMWP
DISMISSAL WITH PREJUDICE
2 JIRIK, SCOTT
05-14-2015 DISPCVDMWP
DISMISSAL WITH PREJUDICE
2 JIRIK, TERESA
05-14-2015 ACCOUNT
Receipt # 2015-3092895 on 05/14/2015.
Payor:SCHROEDER & ASSOC Total Amount Paid: $20.00.
Line Items:
CJ-2013-3623: $20.00 on AC01 Clerk Fees.
05-28-2015 DWP
DISMISSAL WITH PREJUDICE PLAINTIFF JESSE SALA'S CLAIMS
Document Available (#1029613931)
JIRIK, ADDISON MARY
Outcome: 05-28-2015 DISPCVDMWP
DISMISSAL WITH PREJUDICE
1 JIRIK, ADDISON MARY
05-28-2015 DISPCVDMWP
DISMISSAL WITH PREJUDICE
1 JIRIK, SCOTT
05-28-2015 DISPCVDMWP
DISMISSAL WITH PREJUDICE
1 JIRIK, TERESA
Plaintiff's Experts:
Defendant's Experts:
Comments: