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Shirley K. Mock v. Rodney Ruthrauff
Date: 05-05-2015
Case Number: CJ-2013-5226
Judge: Mary Fitzgerald
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Gary Eaton
Defendant's Attorney: Gene Robinson
Description:
Tulsa, OK - Shirley K. Mock sued Rodney Ruthrauff on a premises liability theory claiming:
1. SHIRLEY K. MOCK was at all times pertinent hereto a resident at Florence Park Apartment Homes, in the vicinity of 3109 East 25th Place, Tulsa, Tulsa County, Oklahoma.
2. Defendant RODNEY RUTHRAUFF was at all times pertinent hereto a esident of Tulsa County, state of Oklahoma, and was the owner of a dog, believed to be a "pit bull†identified as "Jack the Dogâ€, that he kept at his residence at Florence Park Apartment Homes in the vicinity of 3109 East 25th Place, Tulsa, Tulsa County, Oklahoma.
Operative Facts
3. On October 22, 2013, at approximately 10:00 am. Plaintiff Mock was a returning from walking her dog, and was on one of the common areas / elements of the Florence Park Apartment Homes condominium complex in the vicinity of 3109 East 25th
Place South, Tulsa, Tulsa County, Oklahoma, when she was attacked without provocation by Defendant Ruthfauff's pit bull dog, identified as Jack the Dog. The attack was occurred when Defendant's pit bull dog was loose from and not controlled or restrained by Defendant. The attack was the direct result of the negligent failure of Defendant to supervise, manage, and control his pit bull dog in a reasonable and safe manner. Furthermore, Defendant knew or should have known that his pit bull dog was a dangerous and vicious domestic animal that had previously exhibited the propensity to attack other dogs and human beings. Plaintiff Mock suffered multiple, serious personal bodily injuries including but not limited to multiple lacerations of the right arm by dog bite(s), multiple abrasions, bruises, and contusions of her arms, legs, and trunk, and multiple strains and sprains of her spine and extremities as a direct result of the attack.
4. Defendant Ruthrauff was negligent as follows:
A. failed to exercise reasonable care in supervising, managing, and controlling his pit bull dog that he knew or should have known had a propensity to attack other dogs and human beings;
B. failed to exercise that degree of attention, care and caution that a
reasonably prudent person or other legal entity would have exercised under the same or similar circumstances and conditions.
5. Defendant Ruthrauff was also strictly liable for the above described attack pursuant to 4 OS. § 42.1, which provides that "The owner or owners of any dog shall be liable for damages to the full amount of any damages sustained when his dog, without provocation, bites or injures any person while such person is in or on a place where he has a lawful right to beâ€.
6. At the time of the above described dog attack on October 22, 2013, Plaintiff Mock was a reasonably healthy and active 63 year old woman with a reasonable life expectancy of about 20 years. As a result of the dog attack she suffered serious, permanently disabling and disfiguring injuries to her right arm, as well as less serious injuries to other parts of her body, which required medical attention and treatment. And, as a direct result of the incident, she sustained compensable damages as follows:
A. Medical expenses, past and future;
B. Physical pain, past and future;
C. Mental pain, past and future;
D. Permanent disability and disfigurement;
E. General loss of health and loss of quality of life.
Docket
Date Code Description Count Party Amount
11-14-2013 TEXT
Civil relief more than $10,000 Initial Filing.
1
11-14-2013 PREMISE
PREMISES LIABILITY
11-14-2013 DMFE
DISPUTE MEDIATION FEE
$ 2.00
11-14-2013 PFE1
PETITION
Document Available (#1023329023)
$ 163.00
11-14-2013 PFE7
LAW LIBRARY FEE
$ 6.00
11-14-2013 OCISR
Oklahoma Court Information System Revolving Fund
$ 25.00
11-14-2013 CCADMIN02
Court Clerk Administrative Fee on $2 Collections
$ 0.20
11-14-2013 OCJC
Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
11-14-2013 OCASA
Oklahoma Court Appointed Special Advocates
$ 5.00
11-14-2013 CCADMIN04
Court Clerk Administrative Fee on Collections
$ 0.50
11-14-2013 LTF
Lengthy Trial Fund
$ 10.00
11-14-2013 SMF
Summons Fee (Clerks Fee)
$ 5.00
11-14-2013 SMIP
Summons Issued - Private Process Server
11-14-2013 TEXT
OCIS has automatically assigned Judge Fitzgerald, Mary to this case.
11-14-2013 ACCOUNT
Receipt # 2013-2724227 on 11/14/2013.
Payor:EATON & SPARKS Total Amount Paid: $218.70.
Line Items:
CJ-2013-5226: $168.00 on AC01 Clerk Fees.
CJ-2013-5226: $6.00 on AC23 Law Library Fee.
CJ-2013-5226: $0.70 on AC31 Court Clerk Revolving Fund.
CJ-2013-5226: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2013-5226: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2013-5226: $2.00 on AC64 Dispute Mediation Fees.
CJ-2013-5226: $25.00 on AC79 OCIS Revolving Fund.
CJ-2013-5226: $10.00 on AC81 Lengthy Trial Fund.
11-22-2013 S
Party has been successfully served. SUMMONS SERVED ON RODNEY RUTHRAUFF, PERSONAL SERVICE ON 11-21-13 BY PROCESS SERVER
Document Available (#1023604388)
RUTHRAUFF, RODNEY
12-13-2013 A
ANSWER/ TO THE PETITION OF THE PLAINTIFF / GENE ROBINSON ENTERING AS COUNSEL / W-CS / CERTIFICATE OF MAILING
Document Available (#1023675898)
RUTHRAUFF, RODNEY
08-01-2014 SCH
SCHEDULING CONFERENCE DOCKET / SCHEDULING CONFERENCE IS SET ON 8-21-14 @ 2:30PM / AFFIDAVIT OF MAILING
Document Available (#1026638025)
08-01-2014 CTFREE
FITZGERALD, MARY: SCHEDULING CONFERENCE IS SET ON 8-21-2014 AT 2:30. NOTICES SENT TO GARY EATON AND GENE ROBINSON
08-21-2014 CTFREE
FITZGERALD, MARY: SCHEDULING CONFERENCE NOT HELD, GARY EATON PRESENT FOR PL, DF NOT PRESENT. AGREED ORDER TO BE SUBMITED WITHIN 2 WEEKS
10-07-2014 CTFREE
FITZERALD, MARY: SCHEDULING ORDER ENTERED SETTING PRETRIAL ON 3-16-2015 AT 10:00
10-21-2014 O
SCHEDULING ORDER (SEE MINUTE ABOVE)
Document Available (#1027503808)
11-03-2014 WL
DEFENDANT'S PRLIMINARY WITNESS AND EXHIBIT LIST / CERTIFICATE OF MAILING`
Document Available (#1027772022)
RUTHRAUFF, RODNEY
11-12-2014 WL
PLAINTIFF SHIRLEY K MOCK'S PRELIMINARY WITNESS AND EXHIBIT LISTS / CERTIFICATE OF SERVICE
Document Available (#1027501857)
MOCK, SHIRLEY K
12-03-2014 WL
DEFENDANT'S FINAL WITNESS AND EXHIBIT LIST / CERTIFICATE OF MAILING
Document Available (#1027974592)
RUTHRAUFF, RODNEY
01-08-2015 APLI
PLAINTIFF'S APPLICATION FOR PRETRIAL CONFERENCE AND JURY TRIAL / A TO J / NOT SIGNED
Document Available (#1028263425)
MOCK, SHIRLEY K
01-23-2015 CTFREE
FITZGERALD, MARY: ORDER ENTERED GRANTING PLS APPLICATION FOR PRETRIAL ON 2-23-2015 AT 11:00
02-23-2015 CTFREE
FITZGERALD, MARY: PRETRIAL CONFERENCE NOT HELD, GARY EATON PRESENT FOR PL, DF NOT PRESENT. HEARING CONTINUED TO 3-23-2015 AT 10:00
03-16-2015 CTFREE
FITZGERALD, MARY: PRETRIAL CONFERENCE NOT HELD, RESET TO 3-23-2015 AT 10:00
03-23-2015 CTFREE
FITZGERALD, MARY: PRETRIAL CONFERENCE NOT HELD, NO ONE PRESENT FOR PARTIES. CASE DISMISSED PER RULE 9
03-23-2015 DISPDWOP
DISMISSED WITHOUT PREJUDICE
1 RUTHRAUFF, RODNEY
03-24-2015 ODISM
Order Of Dismissal WITHOUT PREJUDICE
Document Available (#1028987644)
RUTHRAUFF, RODNEY
05-05-2015 DWP
DISMISSAL WITH PREJUDICE BY PLF
Document Available (#1029445644)
RUTHRAUFF, RODNEY
05-05-2015 DISPCVDMWP
DISMISSAL WITH PREJUDICE
1 RUTHRAUFF, RODNEY
Keyword: Dog Bite
1. SHIRLEY K. MOCK was at all times pertinent hereto a resident at Florence Park Apartment Homes, in the vicinity of 3109 East 25th Place, Tulsa, Tulsa County, Oklahoma.
2. Defendant RODNEY RUTHRAUFF was at all times pertinent hereto a esident of Tulsa County, state of Oklahoma, and was the owner of a dog, believed to be a "pit bull†identified as "Jack the Dogâ€, that he kept at his residence at Florence Park Apartment Homes in the vicinity of 3109 East 25th Place, Tulsa, Tulsa County, Oklahoma.
Operative Facts
3. On October 22, 2013, at approximately 10:00 am. Plaintiff Mock was a returning from walking her dog, and was on one of the common areas / elements of the Florence Park Apartment Homes condominium complex in the vicinity of 3109 East 25th
Place South, Tulsa, Tulsa County, Oklahoma, when she was attacked without provocation by Defendant Ruthfauff's pit bull dog, identified as Jack the Dog. The attack was occurred when Defendant's pit bull dog was loose from and not controlled or restrained by Defendant. The attack was the direct result of the negligent failure of Defendant to supervise, manage, and control his pit bull dog in a reasonable and safe manner. Furthermore, Defendant knew or should have known that his pit bull dog was a dangerous and vicious domestic animal that had previously exhibited the propensity to attack other dogs and human beings. Plaintiff Mock suffered multiple, serious personal bodily injuries including but not limited to multiple lacerations of the right arm by dog bite(s), multiple abrasions, bruises, and contusions of her arms, legs, and trunk, and multiple strains and sprains of her spine and extremities as a direct result of the attack.
4. Defendant Ruthrauff was negligent as follows:
A. failed to exercise reasonable care in supervising, managing, and controlling his pit bull dog that he knew or should have known had a propensity to attack other dogs and human beings;
B. failed to exercise that degree of attention, care and caution that a
reasonably prudent person or other legal entity would have exercised under the same or similar circumstances and conditions.
5. Defendant Ruthrauff was also strictly liable for the above described attack pursuant to 4 OS. § 42.1, which provides that "The owner or owners of any dog shall be liable for damages to the full amount of any damages sustained when his dog, without provocation, bites or injures any person while such person is in or on a place where he has a lawful right to beâ€.
6. At the time of the above described dog attack on October 22, 2013, Plaintiff Mock was a reasonably healthy and active 63 year old woman with a reasonable life expectancy of about 20 years. As a result of the dog attack she suffered serious, permanently disabling and disfiguring injuries to her right arm, as well as less serious injuries to other parts of her body, which required medical attention and treatment. And, as a direct result of the incident, she sustained compensable damages as follows:
A. Medical expenses, past and future;
B. Physical pain, past and future;
C. Mental pain, past and future;
D. Permanent disability and disfigurement;
E. General loss of health and loss of quality of life.
Docket
Date Code Description Count Party Amount
11-14-2013 TEXT
Civil relief more than $10,000 Initial Filing.
1
11-14-2013 PREMISE
PREMISES LIABILITY
11-14-2013 DMFE
DISPUTE MEDIATION FEE
$ 2.00
11-14-2013 PFE1
PETITION
Document Available (#1023329023)
$ 163.00
11-14-2013 PFE7
LAW LIBRARY FEE
$ 6.00
11-14-2013 OCISR
Oklahoma Court Information System Revolving Fund
$ 25.00
11-14-2013 CCADMIN02
Court Clerk Administrative Fee on $2 Collections
$ 0.20
11-14-2013 OCJC
Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
11-14-2013 OCASA
Oklahoma Court Appointed Special Advocates
$ 5.00
11-14-2013 CCADMIN04
Court Clerk Administrative Fee on Collections
$ 0.50
11-14-2013 LTF
Lengthy Trial Fund
$ 10.00
11-14-2013 SMF
Summons Fee (Clerks Fee)
$ 5.00
11-14-2013 SMIP
Summons Issued - Private Process Server
11-14-2013 TEXT
OCIS has automatically assigned Judge Fitzgerald, Mary to this case.
11-14-2013 ACCOUNT
Receipt # 2013-2724227 on 11/14/2013.
Payor:EATON & SPARKS Total Amount Paid: $218.70.
Line Items:
CJ-2013-5226: $168.00 on AC01 Clerk Fees.
CJ-2013-5226: $6.00 on AC23 Law Library Fee.
CJ-2013-5226: $0.70 on AC31 Court Clerk Revolving Fund.
CJ-2013-5226: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2013-5226: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2013-5226: $2.00 on AC64 Dispute Mediation Fees.
CJ-2013-5226: $25.00 on AC79 OCIS Revolving Fund.
CJ-2013-5226: $10.00 on AC81 Lengthy Trial Fund.
11-22-2013 S
Party has been successfully served. SUMMONS SERVED ON RODNEY RUTHRAUFF, PERSONAL SERVICE ON 11-21-13 BY PROCESS SERVER
Document Available (#1023604388)
RUTHRAUFF, RODNEY
12-13-2013 A
ANSWER/ TO THE PETITION OF THE PLAINTIFF / GENE ROBINSON ENTERING AS COUNSEL / W-CS / CERTIFICATE OF MAILING
Document Available (#1023675898)
RUTHRAUFF, RODNEY
08-01-2014 SCH
SCHEDULING CONFERENCE DOCKET / SCHEDULING CONFERENCE IS SET ON 8-21-14 @ 2:30PM / AFFIDAVIT OF MAILING
Document Available (#1026638025)
08-01-2014 CTFREE
FITZGERALD, MARY: SCHEDULING CONFERENCE IS SET ON 8-21-2014 AT 2:30. NOTICES SENT TO GARY EATON AND GENE ROBINSON
08-21-2014 CTFREE
FITZGERALD, MARY: SCHEDULING CONFERENCE NOT HELD, GARY EATON PRESENT FOR PL, DF NOT PRESENT. AGREED ORDER TO BE SUBMITED WITHIN 2 WEEKS
10-07-2014 CTFREE
FITZERALD, MARY: SCHEDULING ORDER ENTERED SETTING PRETRIAL ON 3-16-2015 AT 10:00
10-21-2014 O
SCHEDULING ORDER (SEE MINUTE ABOVE)
Document Available (#1027503808)
11-03-2014 WL
DEFENDANT'S PRLIMINARY WITNESS AND EXHIBIT LIST / CERTIFICATE OF MAILING`
Document Available (#1027772022)
RUTHRAUFF, RODNEY
11-12-2014 WL
PLAINTIFF SHIRLEY K MOCK'S PRELIMINARY WITNESS AND EXHIBIT LISTS / CERTIFICATE OF SERVICE
Document Available (#1027501857)
MOCK, SHIRLEY K
12-03-2014 WL
DEFENDANT'S FINAL WITNESS AND EXHIBIT LIST / CERTIFICATE OF MAILING
Document Available (#1027974592)
RUTHRAUFF, RODNEY
01-08-2015 APLI
PLAINTIFF'S APPLICATION FOR PRETRIAL CONFERENCE AND JURY TRIAL / A TO J / NOT SIGNED
Document Available (#1028263425)
MOCK, SHIRLEY K
01-23-2015 CTFREE
FITZGERALD, MARY: ORDER ENTERED GRANTING PLS APPLICATION FOR PRETRIAL ON 2-23-2015 AT 11:00
02-23-2015 CTFREE
FITZGERALD, MARY: PRETRIAL CONFERENCE NOT HELD, GARY EATON PRESENT FOR PL, DF NOT PRESENT. HEARING CONTINUED TO 3-23-2015 AT 10:00
03-16-2015 CTFREE
FITZGERALD, MARY: PRETRIAL CONFERENCE NOT HELD, RESET TO 3-23-2015 AT 10:00
03-23-2015 CTFREE
FITZGERALD, MARY: PRETRIAL CONFERENCE NOT HELD, NO ONE PRESENT FOR PARTIES. CASE DISMISSED PER RULE 9
03-23-2015 DISPDWOP
DISMISSED WITHOUT PREJUDICE
1 RUTHRAUFF, RODNEY
03-24-2015 ODISM
Order Of Dismissal WITHOUT PREJUDICE
Document Available (#1028987644)
RUTHRAUFF, RODNEY
05-05-2015 DWP
DISMISSAL WITH PREJUDICE BY PLF
Document Available (#1029445644)
RUTHRAUFF, RODNEY
05-05-2015 DISPCVDMWP
DISMISSAL WITH PREJUDICE
1 RUTHRAUFF, RODNEY
Keyword: Dog Bite
Outcome:
Settled and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Shirley K. Mock v. Rodney Ruthrauff?
The outcome was: Settled and dismissed with prejudice.
Which court heard Shirley K. Mock v. Rodney Ruthrauff?
This case was heard in District Court, Tulsa County, Oklahoma, OK. The presiding judge was Mary Fitzgerald.
Who were the attorneys in Shirley K. Mock v. Rodney Ruthrauff?
Plaintiff's attorney: Gary Eaton. Defendant's attorney: Gene Robinson.
When was Shirley K. Mock v. Rodney Ruthrauff decided?
This case was decided on May 5, 2015.