Date: 09-10-2015

Case Style: Venus M. Ramsey v. Michael K. Woodruff

Case Number: CJ-2011-526

Judge: Gary E. Miller

Court: District Court, Canadian County, Oklahoma

Plaintiff's Attorney: Mike Denton and Nathan Richter

Defendant's Attorney: No Appearance

Description: El Reno, OK

Venus M. Ramsey sued Michael K. Woodruff on an auto negligence theory claiming:

I. Plaintiff is a resident of Canadian County, State of Oklahoma.
2. Defendant Michael Keith Woodruff is a resident of Canadian County and may he served with process at his home address of 2803 South Villa Drive, El Reno, Oklahoma 73036.
3. This action arises out of an automobile collision which occurred on April 1, 2011, in Canadian County, State of Oklahoma. Accordingly, venue and jurisdiction lie with this Court.
4. On April 1. 2011. Plaintiff was driving eastbound Highway 66 in El Reno, Canadian County, Oklahoma, in a 2002 Dodge pickup truck, when without notice and warning, Defendant, driving a 2000 Buick. failed to yield to Plaintiff causing a violent collision which proximately and directly caused serious damage to Plaintiff’s automobile.
5. The automobile collision occurring on April 1. 2011, was the sole and proximate result of the common law negligencc and negligence per xc of the Defendant by failing to operate the motor vehicle he was operating at the time in a reasonable and prudent manner and by failing to yield the right of way to Plaintiff.
6, At the time of the collision. Dcfendant showed the investigating officer an insurance yen (ication from Farmers Insurance belonging to Defendant’s step-father.
7. On or about, April 2, 201], the day following the accident, Farmers Insurance denied the claim, stating the coverage had been canceled.
8. On or about April 8,2011, Defendant represented to Plaintiff that hc was insured by
USAA.
9. Since the collision caused by Defendant, USAA has written to Plaintiff claiming that there is “no coverage for the loss through the automobile policy with us therefore we will be denying your claim,” (See letter attached hereto as exhibit “A”).
10. Defendant perpetrated a fraud upon the Plaintiff at the scene of the collision by making statements that he knew was false, or made the statements with reckless disregard for the truth thereof, and as a direct and proximate result of said fraud Plaintiff has been damaged.
11. Plaintiff demands judgment against the Defendant for actual damages, all in an amount the amount of Tcn Thousand One Hundred Twenty Six Dollars and Forty Seven Cents ($10,126.47).
12. Plaintiff further prays this Court award damages for fraud in an amount equal to the actual damage incuued by Plaintiff in the amount of Ten Thousand One Hundred Twenty Six Dollars and Forty Seven Cents ($10,126.47).
13. Plaintiff further prays this Court award punitive damages againsi the Defendant for his reckless disregard for the rights of others, his willful and wanton conduct and his utter indiFference to or conscious disregard for the safety of others, including the Plaintiff, in the amount of Ten Thousand One Hundred Twenty Six Dollars and Forty Seven Cents (Si 0,126.47).

APPLICATION FOR ORDER REQUIRING DEFENDANT TO APPEAR AND ANSWER CONCERNING PROPERTY AND ASSETS AND FOR INJUNCTION FORBIDDING
TRANSFER OR OTHER DISPOSITION OF PROPERTY
Plaintiff, Venus M. Ramsey moves the Court for an Order requiring the Defendant, Michael
K. Woodruff, to appear at a date certain and answer concerning his property and assets, and for an injunction enjoining the Defendant from alienating, concealing or encumbering any of his non- exempt properly, pursuant to OKLA. STAT. (it. 12, §842. In support of this Application, Plaintiff shows the Court as follows:
1. Plaintiff is a judgment creditor, having obtained a judgment in the above entitled cause on Ocwber 10, 2011, against the above-named Defendant, Michael K. Woodruff.
2. In said cause, Plaintiff recovered judgment against said Defendant for damages, costs and attorney fees in the amount of $31,400.41 as reflected by the Journal Entry of Judgment attached herein as Exhibit “A”.
3. Pending a hearing on assets there is a danger that the Defendant will attempt to transfer, encumber, alienate and/or conceal property in an attempt to place it beyond the reach of creditors, and this Court should enter an Order enjoining said Defendant from doing so.
WHEREFORE, premises considered, Plaintiff pray as follows:
This Court enter an Order directing Defendant, Michael K. Woodruff, to appear and answer concerning his respective property and assets on a date certain to be fixed by this Court, and that said Defendant be further ordered to bring with him certain books, records and other matters in order that a full and complete hearing on assets can be held, all as set forth in the Order to Appear submitted herewith; and
2. That this Court enter an Order forthwith enjoining said Defendant from transferring, alienating, and/or concealing or encumbering any non-exempt property pending a hearing on assets and until further Order of this Court.

GARNISHMENT ArFIDAVIT
(12 0.5. Supp. 2004 §1172)
STATE OF OKLAHOMA )
)
COUNTY OF CANADIAN )
I, Nathan D. Richter, being duly sworn, states as follows:
1. That I am the attorney for the Judgment Creditor or Plaintiff in the above-styled case;
2. That MICHAEL K. WOODRUFF (DOB: 11 -XX- 1991; SSN: XXX-XX-2895), the Judgment Debtor and Defendant in the above-styled case is indebted to the Plaintiff, V. Marie Ramsey, in the principal amount of $31,400.41, and further indebted as follows:
53 1,400.41 Principal balance/judgment on October 10, 2011
$ 366.12 Interest at 5.25% from 10/10/201 Ito 12/31/2011(81 days)
$_1,668.05 Interest at 5.25% from 01/01/2012 to 12/31/2012 (365 days)
$ 1,755.65 Interest at 5.25% from 01/01/2013 to 12/31/2013 (365 days)
$ 1,776.06 Interest at 5.25% from 01/01/2014 to 12/18/2014 (351 days)
STBD after filing Court costs not included in interest-bearing balance
$TBD after filing Attorney fees not included in interest-bearing balance
$36,966.29 Total Garnishment amount
4. That I believe that XEROX COMMERCIAL SOLUTIONS, LLC has property within its possession or under its control, which is not by law exempt from seizure or sale upon execution, belonging to the Judgment Debtor.

Outcome: THIS COMES ON FOR DEFAULT JUDGMENT. PLTF APPEARS W/COUNSEL. THE CRT, AFTER BEING ADVISED IN PREMISE, FINDS THE DEFT HAS BEEN SRV'D, HAS NOT ENTERED AN APPEARANCE NOR AN ANSWER THEREFORE, HE IS IN DEFAULT BECAUSE THE TIME HAS EXPIRED FOR AN ANSWER. THE CRT FURTHER FINDS THAT THE PLTF HAS DAMAGES IN THE AMOUNT OF $10,126.47 BUT, BASED UPON TITLE 47 SEC. 10-103, THE CRT IS AUTHORIZED TO AWARD TRIPLE DAMAGES. THE CRT AT THIS TIME ENTERS ITS ORDER. DAMAGES IN THE AMOUNT OF $30,3079.41, ATTY FEES OF $750.00 AND TOTAL COSTS OF $271.00. ALL AS PER ORDER. JUDGE MILLER

Plaintiff's Experts:

Defendant's Experts:

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