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Date: 02-27-2024
Case Style:
Case Number: 6:20-cv-00232
Judge: Ronald A. White
Court: United States District Court for the Eastern District of Oklahoma (Muskogee County)
Plaintiff's Attorney: Christopher L. Brinkley - 405-234-2138, Sheldon Smith, Tye H. Smith - 918-528-0222
Defendant's Attorney: United States District Attorney's Office in Muskogee
Description: Muskogee, Oklahoma personal injury lawyers represented the Plaintiff who sued on a Federal Tort Claims Act auto negligence theory.
This was action for wrongful death brought by Plaintiff, Scott Phillips, the surviving spouse of Malinda Phillips, who was killed in a motor vehicle collision on January 26, 2018. Mrs. Phillips was traveling on W. Choctaw Street in Tahlequah while Aram Catron was traveling north on West Avenue in Tahlequah. Mr. Catron was speeding and failed to stop at the stop sign at the intersection of West Avenue and W. Choctaw Street and struck Ms. Phillips' vehicle at a high rate of speed, killing her.
Plaintiff alleged that at the time of the collision, Catron was being pursued by Preston Oosahwee, a Deputy Marshal employed by the Cherokee Nation Marshal Service (“CNMS”). Plaintiff claimed that Mr. Oosahwee pursued Mr. Catron despite there being no reasonable justification for the pursuit and despite the pursuit being prohibited by CNMS pursuit policy. Plaintiff further alleged that Mr. Oosahwee's actions in engaging and continuing the pursuit over considerable distances, at high rates of speed, through highly populated and trafficked areas despite the obvious dangers to the public was in reckless disregard of the rights of the public, including Mrs. Phillips, and in contravention of applicable law. Plaintiff further alleged that Mr. Oosahwee's conduct caused Mr. Catron to drive recklessly, at high rates of speed, and strike Mrs. Phillips' vehicle, causing her death.
The United States denied the allegations of the Plaintiff, contended Mr. Oosahwee acted reasonably and with due regard to the safety of the public in carrying out his law enforcement responsibilities on January 26, 2018, and denied that Plaintiff is entitled to damages. Further, Defendant contended that Plaintiff's claims were barred to the extent they were based on the exercise or performance or the failure to exercise or perform a discretionary function or duty under 28 U.S.C. § 2680(a). The United States contended that should it be found liable, a significant portion of fault should be assessed to Mr. Catron pursuant to Oklahoma's several liability statute 23 Okla. Stat.§ 15.
Outcome: In accordance with the findings of fact and conclusions of law entered by this court on January 4, 2024 and summarized above, judgment is hereby entered in favor of Plaintiff and against Defendant in the total amount of $7,369,373.00 allocated as follows:
(1) Loss of Malinda Phillips' future wages at $1,481,190.00;
(2) Loss of Malinda Phillips' household contributions in the amount of $1,388,183.00;
(3) Malinda Phillips pain and suffering in the amount of $500,000.00.
(4) Loss of consortium, Scott Phillips, in the amount of $2,000,000.00.
(5) The grief of Maggie Phillips, along with the loss of parental care, companionship and guidance from Malinda Phillips in the amount of $1,000,000.00.
(6) The grief of Allison Phillips, along with the loss of parental care, companionship and guidance from Malinda Phillips in the amount of $1,000,000.00.
Plaintiff's Experts:
Defendant's Experts:
Comments: