Kimberly Kristine Wilson v. Gary D. Owens and Jet-G Farms, LLC

Kimberly Kristine Wilson v. Gary D. Owens and Jet-G Farms, LLC



Issue # 1.

Issue: PREMISES LIABILITY (PREMISE)

Filed by: WILSON, KIMBERLY KRISTINE

Filed Date: 10/26/2011

Party Name: Disposition Information:



Defendant: JET-G FARMS LLC

Disposed: JUDGEMENT FOR DEFENDANT, 06/24/2014. Judge.



Defendant: OWENS, GARY D

Disposed: JUDGEMENT FOR DEFENDANT, 06/24/2014. Judge.



1. That Plaintiff, Kimberly Kristine Wilson, is a resident of Canadian County, Oklahoma.

2. That Defendant, Gary D. Owens, is the owner of the horse that kicked Plaintiff', and is a resident of Canadian County, Oklahoma.

3. That Defendant, Jet-G. Farms, L.L.C., is a domestic limited liability company in the State of Oklahoma, is the owner of the horse that kicked Plaintiff; and is the farm that was responsible for housing the horse.

FIRST CAUSE OF ACTION

4. That on or about May 14, 2011, Plaintiff was an invitee at Jet-G. Farms, L.L.C., located at13300 Southwest 38th Street in Yukon, Oklahoma, when Plaintiff was a subject of an unprovoked attack by the horse owned by Defendants.

5. That as the result of the unprovoked attack by the Defendants' horse, Plaintiff, Kimberly Wilson, suffered serious injury, required immediate emergency care, and suffered permanent injury.

6. That Defendants specifically failed to restrain the horse properly, knew or should have known that the horse was of an erratic nature, and that precautions should have been taken to prevent an attack upon the public, including Plaintiff, Kimberly Wilson.

7. That prior to said accident, the Plaintiff Kimberly Wilson was in good health with a normal life expectancy, but as a direct and proximate result of said Defendants' negligence, Plaintiff has sustained injuries for which she is entitled to recover.

8. Pursuant to the provisions of 12 O.S. § 3226(B)(2), Plaintiff submits this preliminary computation of damages sought in this lawsuit. As this is an action for injuries suffered by an adult, Plaintiff advises that all damages recoverable by law are sought, including those listed in OUJI 2d 4.1. Under item (K), Plaintiffs medical bills incurred to date are unknown at this time. At this point, Plaintiff does not know the amount of future medical expenses. These items are among the elements for the jury to consider in fixing the amount of damages to award Plaintiff. Other than the amounts which Plaintiff has specifically identified, and which are capable of being ascertained to some degree of certainty, Plaintiff is unable to guess or speculate as to what amount of damages a jury might award. The elements for the jury to consider include the following:

A. Plaintiffs physical pain and suffering, past and future;

B. Plaintiffs mental pain and suffering past and future;

C. Plaintiffs age;

D. Plaintiffs physical condition immediately before and after the accident;

E. The nature and extent of Plaintiff's injuries;

F. Whether the injuries are permanent;

G. The physical impainnent

H. The disfigurement;

I. Loss of [earning/time];

3. Impairment of earning capacity;

K. The reasonable expenses of the necessary medical care, treatment and services, past and future.

WHEREFORE, Plaintiff prays for judgment in an amount in excess of $75,000.00 for compensatory damages, together with attorneys' fees, pre-judgment and post-judgment interest, costs of this action, and for such other relief as the Court may deem just and proper.



06-03-2014 CTFREE - 7858488 Jun 4 2014 11:14:52:280AM - $ 0.00

CRT MIN. (LATE MIN. 6/2/2014) THIS COMES ON THIS 2ND DAY OF JUNE FOR JURY TRIAL. THE PLAINTIFF APPEARS WITH HER ATTORNEY OF RECORD, JOE CARSON. THE DEFENDANT APPEARS WITH HIS ATTORNEY OF RECORD, RICK HEALY. COURT REPORTER IS JULEE THUMMEL. ALL PARTIES ANNOUNCE 'READY'. THE COURT PROCEEDS TO START JURY SELECTION. A JURY IS SELECTED AND SWORN. AT THAT TIME, PARTIES GIVE OPENING STATEMENTS. THE COURT THEN RECEIVES SWORN TESTIMONY. AT THE END OF THE DAY, THE COURT CONTINUES THIS MATTER 'TIL JUNE 3, 2014. JUDGE GARY MILLER

06-03-2014 CTFREE - 7858512 Jun 4 2014 11:18:23:810AM - $ 0.00

CRT MIN. THIS COMES ON THIS 3RD DAY OF JUNE, 2014 FOR BALANCE OF JURY TRIAL. THE COURT AT THIS TIME DOES PROVIDE BOTH PLAINTIFF AND DEFENDANT WITH PROPOSED JURY INSTRUCTIONS. THE JURY IS THEN CHARGED. CLOSING ARGUMENTS ARE HEARD AND THE JURY GOES OUT TO DELIBERATE. THE JURY NOTIFIES THE BAILIFF THEY HAVE A VERDICT. THE JURY RETURNS TO OPEN COURT WITH THAT VERDICT AND THE COURT DOES ACCEPT THE VERDICT, FINDING THAT THE PLAINTIFF IS EIGHTY PERCENT (80%) NEGLIGENT IN CAUSING HER INJURIES AND THE DEFENDANT JET-G FARMS, LLC. IS TWENTY PERCENT (20%) NEGLIGENT. THERE BEING NOTHING ELSE, THE COURT DOES DISMISS THE JURY WITH THE COURT'S THANKS AND THIS CASE IS COMPLETED. JUDGE GARY MILLER

06-24-2014 JEJ - WILSON, KIMBERLY KRISTINE 7887286 Jun 24 2014 2:16:14:440PM - $ 0.00

JOURNAL ENTRY OF JUDGMENT FILED

**COMPLETE**

Document Available (#1026254536)