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Date: 02-28-2019
Case Style:
Robert Toney, Vanessa Toney, Bob Baldwin, Margie Balwin and Matt Campbell v. City of Midwest City
Case Number: CJ-2015-3307
Judge: Thomas E. Prince
Court: District Court, Oklahoma County, Oklahoma
Plaintiff's Attorney: Stanley M. Ward and Barrett Bowers
Defendant's Attorney: David Howell and Steven Coates
Description:
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Oklahoma City, OK - Robert Toney, Vanessa Toney, Bob Baldwin, Margie Balwin and Matt Campbell sued the City of Midwest City caused storm water runoff from a nearby housing addition to run onto Plaintiffs' properties an extreme hazardous and dangerous condition that endangered the health, safety and welfare of Plaintiffs.
02-25-2019 CTFREE
PRINCE- JURY TRIAL DAY 1
ON THE RECORD BEFORE JURY BROUGHT INTO COURT; COURT HEARS MOTION IN LIMINE; ARGUMENTS HEARD; COURT RULES IT WILL RECONSIDER AND TAKE MOTION UNDER ADVISEMENT; PLAINTIFF AND DEFENDANT PRE-ADMIT EXHBITS;
CASE COMES ON FOR JURY TRIAL; PLAINTIFF PRESENT WITH COUNSEL STANLEY WARD AND BARRETT BOWERS; DEFENDANT PRESENT WITH COUNSEL DAVID HOWELL AND STEVEN COATES; PARTIES ANNOUNCE READY; 35 JURORS CALLED AND SWORN; COURT MAKES OPENING ANNOUNCEMENTS; 21 JURORS CALLED TO THE BOX FOR VOIR DIRE; COURT INQUIRES OF THE JURY AS A WHOLE; 1 JUROR DISMISSED AND ANOTHER JUROR CALLED; COURT PASSES FOR CAUSE; PLAINTIFF COUNSEL INQUIRES OF JURY AS A WHOLE AND PASSES FOR CAUSE; DEFENDANT COUNSEL INQUIRES OF THE JURY AS A WHOLE AND PASSES FOR CAUSE;
JURY TAKES MORNING BREAK AND ADMIONISHES JURORS AS TO USUAL INSTRUCTIONS; PRE-EMPTORY STRIKES MADE OUT OF THE PRESENCE OF JURY; 12 JURORS AND 1 ALTERNATE CHOSEN; JURY RETURNS AFTER 15 MINUTE BREAK; JURY SEATED AND REMAINING JURORS DISMISSED AND TAKEN BACK TO JURY ROOM; PLAINTIFF COUNSEL MAKES A BATSON CHALLENGE; JURY RECESSED TO HALL WAY; COURT HEARS ARGUMENTS FROM COUNSEL AND DENIES CHALLENGE; JURY RETURNS TO JURY BOX AND ARE SWORN IN; COURT GIVES INSTRUCTIONS TO JURY AND RECESSES FOR LUNC;H; COURT AMONISHES JURY AS TO USUAL INSTRUCTIONS;
COURT RESUMES AT 1:30; ALL PARTIES PRESENT; JURY PRESENT; OPENING STATEMENTS BY PLAINTIFF AND DEFENDANT HEARD; PLAINTIFF CALLS WITNESSES; CROSS EXAMINATION; RECROSS; COURT TAKES AFTERNOON BREAK; JURORS ADMONISHED AS TO USUAL INSTRUCTIONS; AFTER A 15 MINUTE BREAK COURT RESUMES; WITNESS RECALLED TO STAND;
COURT RECESSES AT 5:05 JURY EXCUSED FOR EVENING AND ADMONISHED AS TO USUAL INSTRUCTIONS ; COURT TO RESUME ON 2-26 @ 9; COURT ADJOURNED.
COURT REPORTER-SHERROL LEDBETTER
02-26-2019 CTFREE
PRINCE-JURY TRIAL DAY 2
JURY TRIAL BEGINS AT 9:10 ; DELAY DUE TO LATENESS OF JURY # 4; PARTIES ALL PRESENT AND ANNOUNCE READY; JURY IS PRESENT AND SEATED; PLAINTIFF CALLS WITNESSES AND SWORN TESTIMONY HEARD; CROSS EXAMINATION AND RECROSS; COURT RECESSES FOR 15 MINUTE MORNING BREAK; JURY ADMONISHED AS TO USUAL INSTRUCTIONS; COURT RESUMES AFTER BREAK; WITNESS RECALLED TO STAND AND TESTIMONY HEARD; COURT BREAKS FOR LUNCH AT 12:00; JURORS ADMONISHED AS TO USUAL INSTRUCTIONS ;
COURT RESUMES AT 1:30; ALL PARTIES PRESENT; JURY PRESENT AND SEATED; PLAINTIFF CALLS WITNESSES; CROSS EXAMINATION AND RECROSS; COURT RECESSES FOR AFTERNOON BREAK AT 2:55; COURT RESUMES AFTER BREAK AT 3:10; PARTIES PRESENT; JURY PRESENT AND SEATED; TESTIMONY CONTINUES; CROSS EXAMINATION AND RECROSS; PLAINTIFF RESTS; COURT DISMISSES JURY AT 5:05; JURY ADMONISHED AS TO USUAL INSTRUCTIONS; COURT TO RESUME 2-27-19 @ 9;
ON THE RECORD AFTER JURY LEAVES FOR THE DAY; DEFENDANTS COUNSEL ASKS FOR MOTION FOR DIRECTED VERDICT ; COURT HEARS ARGUMENTS FROM DEFENDANT AND PLAINTIFF; COURT DENIES DEMURRER
COURT ADJOURNS
COURT REPORTER SHERROL LEDBETTER
02-27-2019 CTFREE
PRINCE- JURY TRIAL DAY 3
JURY TRIAL BEGINS AT 9:10; JUROR # 4 IS LATE; AFTER MEETING WITH COUNSEL COURT RULES TO REMOVE JUROR # 4 AND REPLACE WITH ALTERNATE FOR REMAINDER OF TRIAL; ALL PARTIES AGREE ON THE RECORD; HEARING BEGINS; ALL PARTIES AND COUNSEL PRESENT; JURY PRESENT AND SEATED; DEFT CALLS WITNESSES TO STAND; TESTIMONY HEARD; CROSS EXAMINATION AND RECROSS; MORNING BREAK TAKEN AT 10:30; JURY ADMONISHED AS TO USUAL INSTRUCTIONS; TRIAL RESUMES AFTER 15 MINUTE BREAK; WITNESS RECALLED TO STAND TESTIMONY CONTINUED; CROSS EXAMINATION; RECROSS
TRIAL RECESSES FOR LUNCH BREAK AT 12 NOON.; JURY ADMONISHED AS TO USUAL INSTRUCTIONS; TRIAL RESUMES AT 1:30; ALL PARTIES AND COUNSEL PRESENT; JURY PRESENT AND SEATED; TESTIMONY RESUMES; CROSS EXAMINATION AND RE CROSS; DEFENSE RESTS; PLAINTIFF RESTS; JURY RECESSES AT 2:00 DUE TO WEATHER AND TO ALLOW COURT AND COUNSEL TO GO OVER INSTRUCTIONS. TRIAL TO RESUME ON 1-28-19 @ 9; COURT ADJOURNED
COURT REPORTER-SHERROL LEDBETTER
02-28-2019 CTFREE
PRINCE-JURY TRIAL DAY 4
HEARING HELD ON THE RECORD AND OUT OF THE PRESENCE OF THE JURY; RENEWED MOTION BY DEFENDANT FOR A DIRECTED VERDICT; COURT OVERRULES AND DENIES MOTION; COURT AND COUNSEL GO OVER JURY INSTRUCTIONS TO BE PRESENTED TO JURY; INSTRUCTIONS APPROVED BY COURT AND COUNSEL;
DAY 4- TRIAL BEGINS AT 9:20; ALL PARTIES PRESENT; JURY PRESENT AND SEATED; COURT READS JURY INSTRUCTIONS; CLOSING ARGUMENTS HEARD; COURT GIVES FINAL INSTRUCTIONS TO JURY; JURY RETIRES TO DELIBERATE AT 10:15; JURY RETURNS WITH A VERDICT AT 12:25; JURY SIGNS 3 PINK VERDICT FORMS;
1 AS TO PLAINTIFF'S BOB AND MARGIE BALDWIN JURY FINDS IN FAVOR OF DEFENDANT CITY OF MIDWEST CITY
2 AS TO PLAINTIFF MATT CAMPBELL JURY FINDS IN FAVOR OF DEFENDANT CITY OF MIDWEST CITY
3 AS TO PLAINTIFFS ROBERT AND VANESSA TONEY JURY FINDS IN FAVOR OF DEFENDANT CITY OF MIDWEST CITY
PLAINTIFF COUNSEL ASKS FOR JURY TO BE POLLED; COURT POLLS JURY; JURY THANKED FOR SERVICE AND GIVEN FINAL INSTRUCTIONS; JURORS ARE DISCHARGED FROM SERVICE. COURT ADJOURNED
COURT REPORTER-SHERROL LEDBETTER
Outcome:
PRINCE- JURY RETURNS VERDICT IN FAVOR OF THE CITY OF MIDWEST CITY
Plaintiff's Experts:
Defendant's Experts:
Comments: