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Date: 08-26-2021
Case Style:
Case Number: CJ-2018-747
Judge: Kelly M. Greenough
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Daniel Smolen, Bryon Helm and Bob Blakemore
Defendant's Attorney: Tim Harris, Mike Shouse and Nic Williams
Description: Tulsa, OK - Personal injury lawyer represented Plaintiffs, who sued Defendants on Governmental Tort Claims Act auto negligence wrongful death theories claiming that their teenage son Cobie Tyner, age 18, was killed in a head-on motorcycle crash after a deputy made an improper U-turn in an attempt to pursue a different motorcyclist for speeding.
The Statement of the Case read to the jury stated:
"The Plaintiffs in this case are Derek Tyner and Mona Tyner, individually, and Mona Tyner as Special Administrator fo the Estate of Cobie Tyner. Derek and Mona Tyner are the parents of Cobie Tyner, who is deceased. The Defendant is Sheriff Vic Regalado, in his official capacity. Plaintiffs sued Vic Regalado, in his Official Capacity as Sheriff of Tulsa County for negligence and negligent entrustment, as well as loss of consortium. Plaintiffs seek damages.
The parties agree that on the afternoon of May 14, 2017, Cobie Tyner was driving his motorcycle with a group of other riders heading eastbound on Avery Drive in Tulsa County, Oklahoma.
The parties agree that at the time that Cobie Tyner was heading eastbound on Avery Drive, a Tulsa County Sheriff's Deputy Andrew Titsworth, was on duty driving his patrol car westbound on Avery Drive.
The parties agree that a motorcycle in Cobie Tyner's group, driven eastbound by Mr. Joaquin Sanchez, passed Deputy Titsworth at a high rate of speed. Deputy Titsworth began to execute a u-turn to follow Mr. Sanchez's speeding motorcycle eastbound around a curve in the road. Cobie Tyner was driving his motorcycle eastbound around a curve in the road. Cobie Tyner attempted to avoid Deputy Titsworth's patrol car, colliding with a car driven by Ms. Lisa Reyna.
The parties agree that the collision occurred on Avery Driven between Cobie Tyner and Ms. Reyna. Cobie Tyner died at the scene.
Plaintiffs allege that Deputy Titsworth's conduct constitutes negligence and that Cobie Tyner died as a direct result of that negligence. Plaintiffs claim that Sheriff Regalado is responsible for the actions of Deputy Titsworth. Plaintiffs specifically allege that Deputy Titsworth acted with reckless disregard for the safety of others when he conducted the u-turn on Avery Drive to perform a traffic stop on the speeding motorcycle driven by Mr. Sanchez.
Defendant denies the claims of Plaintiffs. Sheriff Regalado denies that Deputy Titsworth acted with reckless disregard for the safety of others when the conducted this (sic) u-turn. Sheriff Regalado asserts that Cobie Tyner drove hi motorcycle in excess of the posted speed limit, drove n a reckless disregard for his own safety, and his own actions caused the accident.
These are the issues you are to determine."
The elements of an auto negligence claim are:
"A party claiming damages has the burden of proving each of the following propositions:
First, that he has sustained injuyr;
Second, that the employer from whom he seeks to recover employed someone who was negligent while he was acting within the scope of his employment;
And, third, that such negligence was the direct cause of the injury sustained by the claiming party."
Negligence was defined by the Court as follows:
"Negligence" is the failure to exercise ordinary care to avoid injury to another's person or property. "Ordinary care" is the care the care which a reasonably careful person would use under the same or similar circumstances.
Outcome: 08-20-2021 CTFREE
GREENOUGH, KELLY M;
CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF DEREK TYNER, MONA TYNER AND MONA TYNER AS SPECIAL ADMINISTRATOR OF THE ESTATE OF COBIE TYNER IS PRESENT IN PERSON WITH COUNSEL DANIEL SMOLEN, BRIAN HELM AND BOB BLAKEMORE; DEFENDANT DEPUTY ANDREW TITSWORTH IS PRESENT IN PERSON WITH COUNSEL TIM HARRIS, MIKE SHOUSE AND NIC WILLIAMS.
THE JURORS ARE CALLED AND SWORN AS TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. ONE JURORS IS EXCUSED FOR CAUSE. FOUR (4) PEREMPTORY CHALLENGES ARE MADE BY THE PLAINTIFF. FOUR (4) PEREMPTORY CHALLENGES ARE MADE BY THE DEFENDANT. TWELVE (12) JURORS AND TWO (2) ALTERNATES ARE ACCEPTED AND SWORN TO TRY THE CAUSE.
RULE OF SEQUESTRATION INVOKED. JUDY WILSON COURT REPORTER. OPENING STATEMENT IS MADE BY THE PLAINTIFF. OPENING STATEMENT MADE BY DEFENDANT. NINE (9) WITNESSES ARE SWORN. PLAINTIFF PRESENTS EVIDENCE AND RESTS AFTER WITNESSES. TWO (2) WITNESSES ARE SWORN. PLAINTIFF WITNESSES: MICHAEL ORR, ANDREW TITSWORTH, AARON RIGGS, JAMES LOFTIS, DARREN THOMAS, LISA REYNA, JOHN FLYNN, DEREK TYNER, MONA TYNER. DEFENDANT PRESENTS EVIDENCE AND RESTS WITNESSES. FIVE (5) WITNESSES ARE SWORN. DEFENDANT WITNESSES: ANDREW TITSWORTH, AARON RIGGS, JAMES THOMAS, SHAROLYN GLENN, DIRK SMITH. DEFENDANT DIRECTED VERDICT ON EACH CLAIM DENIED. DIRECTED VERDICT DEMURRER COURT DIRECT VERDICT NEGLIGENCE ON DEFENDANT RENDER AID IS GRANTED. DEFENDANT CASE IN CHIEF. PLAINTIFF NO CASE IN REBUTTAL.
THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 11:32 AM ON AUGUST 20, 2021, THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 3:30 PM ON AUGUST 20, 2021, THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT.
AMENDED VERDICT FORM- NEGLIGENT ENTRUSTMENT
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANT, VIC REGALADO.
WHITE VERDICT FORM-NEGLIGENCE
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:
1. DECEDENT, COBIE TYNER'S, CONTRIBUTORY NEGLIGENCE 40%
2. DEFENDANT'S EMPLOYEE, DEPUTY TITSWORTH'S NEGLIGENCE 60%
3. NON-PARTY'S, JOAQUIN SANCHEZ'S, NEGLIGENCE 0%
(1, 2, AND 3 MUST TOTAL 100%) 100%
TOTAL 100%
THE FOLLOWING SHALL BE ANSWERED ONLY IF THE PERCENTAGE OF CONTRIBUTORY NEGLIGENCE OF DECEDENT COBIE TYNER IS EQUAL TO OR OF LESSER PERCENTAGE THAN THE COMBINED PERCENTAGES OF DEPUTY TITSWORTH AND NON-PARTY JOAQUIN SANCHEZ.
4. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINIFFS, DEREK AND MONA TYENER INDIVIDUALLY, AND MONA TYNER AS SPECIAL ADMINISTRATOR OF THE ESTATE OF COBIE TYNER, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF DECEDENT COBIE TYNER, AND NEGLIGENCE OF DEPUTY TITSWORTH, AND THE NON-PARTY, JOAQUIN SANCHEZ, IS THE SUM OF $1,650,000.00. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE SUM OF THE PERCENTAGES ESTABLISHED IN ITEMS 1 AND 3 ABOVE.
VERDICT FORM SIGNED BY 11 JURORS.
JURY POLLED. JURY RELEASED.
08-20-2021 DISPJP
CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF DEREK TYNER, MONA TYNER AND MONA TYNER AS SPECIAL ADMINISTRATOR OF THE ESTATE OF COBIE TYNER IS PRESENT IN PERSON WITH COUNSEL DANIEL SMOLEN, BRIAN HELM AND BOB BLAKEMORE; DEFENDANT DEPUTY ANDREW TITSWORTH IS PRESENT IN PERSON WITH COUNSEL TIM HARRIS, MIKE SHOUSE AND NIC WILLIAMS.
THE JURORS ARE CALLED AND SWORN AS TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. ONE JURORS IS EXCUSED FOR CAUSE. FOUR (4) PEREMPTORY CHALLENGES ARE MADE BY THE PLAINTIFF. FOUR (4) PEREMPTORY CHALLENGES ARE MADE BY THE DEFENDANT. TWELVE (12) JURORS AND TWO (2) ALTERNATES ARE ACCEPTED AND SWORN TO TRY THE CAUSE.
RULE OF SEQUESTRATION INVOKED. JUDY WILSON COURT REPORTER. OPENING STATEMENT IS MADE BY THE PLAINTIFF. OPENING STATEMENT MADE BY DEFENDANT. NINE (9) WITNESSES ARE SWORN. PLAINTIFF PRESENTS EVIDENCE AND RESTS AFTER WITNESSES. TWO (2) WITNESSES ARE SWORN. PLAINTIFF WITNESSES: MICHAEL ORR, ANDREW TITSWORTH, AARON RIGGS, JAMES LOFTIS, DARREN THOMAS, LISA REYNA, JOHN FLYNN, DEREK TYNER, MONA TYNER. DEFENDANT PRESENTS EVIDENCE AND RESTS WITNESSES. FIVE (5) WITNESSES ARE SWORN. DEFENDANT WITNESSES: ANDREW TITSWORTH, AARON RIGGS, JAMES THOMAS, SHAROLYN GLENN, DIRK SMITH. DEFENDANT DIRECTED VERDICT ON EACH CLAIM DENIED. DIRECTED VERDICT DEMURRER COURT DIRECT VERDICT NEGLIGENCE ON DEFENDANT RENDER AID IS GRANTED. DEFENDANT CASE IN CHIEF. PLAINTIFF NO CASE IN REBUTTAL.
THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 11:32 AM ON AUGUST 20, 2021, THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 3:30 PM ON AUGUST 20, 2021, THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT.
AMENDED VERDICT FORM- NEGLIGENT ENTRUSTMENT
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANT, VIC REGALADO.
WHITE VERDICT FORM-NEGLIGENCE
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:
1. DECEDENT, COBIE TYNER'S, CONTRIBUTORY NEGLIGENCE 40%
2. DEFENDANT'S EMPLOYEE, DEPUTY TITSWORTH'S NEGLIGENCE 60%
3. NON-PARTY'S, JOAQUIN SANCHEZ'S, NEGLIGENCE 0%
(1, 2, AND 3 MUST TOTAL 100%) 100%
TOTAL 100%
THE FOLLOWING SHALL BE ANSWERED ONLY IF THE PERCENTAGE OF CONTRIBUTORY NEGLIGENCE OF DECEDENT COBIE TYNER IS EQUAL TO OR OF LESSER PERCENTAGE THAN THE COMBINED PERCENTAGES OF DEPUTY TITSWORTH AND NON-PARTY JOAQUIN SANCHEZ.
4. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINIFFS, DEREK AND MONA TYENER INDIVIDUALLY, AND MONA TYNER AS SPECIAL ADMINISTRATOR OF THE ESTATE OF COBIE TYNER, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF DECEDENT COBIE TYNER, AND NEGLIGENCE OF DEPUTY TITSWORTH, AND THE NON-PARTY, JOAQUIN SANCHEZ, IS THE SUM OF $1,650,000.00. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE SUM OF THE PERCENTAGES ESTABLISHED IN ITEMS 1 AND 3 ABOVE.
VERDICT FORM SIGNED BY 11 JURORS.
JURY POLLED. JURY RELEASED.
JURY RELEASED.
1 BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY
08-20-2021 DISPJP
CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF DEREK TYNER, MONA TYNER AND MONA TYNER AS SPECIAL ADMINISTRATOR OF THE ESTATE OF COBIE TYNER IS PRESENT IN PERSON WITH COUNSEL DANIEL SMOLEN, BRIAN HELM AND BOB BLAKEMORE; DEFENDANT DEPUTY ANDREW TITSWORTH IS PRESENT IN PERSON WITH COUNSEL TIM HARRIS, MIKE SHOUSE AND NIC WILLIAMS.
THE JURORS ARE CALLED AND SWORN AS TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. ONE JURORS IS EXCUSED FOR CAUSE. FOUR (4) PEREMPTORY CHALLENGES ARE MADE BY THE PLAINTIFF. FOUR (4) PEREMPTORY CHALLENGES ARE MADE BY THE DEFENDANT. TWELVE (12) JURORS AND TWO (2) ALTERNATES ARE ACCEPTED AND SWORN TO TRY THE CAUSE.
RULE OF SEQUESTRATION INVOKED. JUDY WILSON COURT REPORTER. OPENING STATEMENT IS MADE BY THE PLAINTIFF. OPENING STATEMENT MADE BY DEFENDANT. NINE (9) WITNESSES ARE SWORN. PLAINTIFF PRESENTS EVIDENCE AND RESTS AFTER WITNESSES. TWO (2) WITNESSES ARE SWORN. PLAINTIFF WITNESSES: MICHAEL ORR, ANDREW TITSWORTH, AARON RIGGS, JAMES LOFTIS, DARREN THOMAS, LISA REYNA, JOHN FLYNN, DEREK TYNER, MONA TYNER. DEFENDANT PRESENTS EVIDENCE AND RESTS WITNESSES. FIVE (5) WITNESSES ARE SWORN. DEFENDANT WITNESSES: ANDREW TITSWORTH, AARON RIGGS, JAMES THOMAS, SHAROLYN GLENN, DIRK SMITH. DEFENDANT DIRECTED VERDICT ON EACH CLAIM DENIED. DIRECTED VERDICT DEMURRER COURT DIRECT VERDICT NEGLIGENCE ON DEFENDANT RENDER AID IS GRANTED. DEFENDANT CASE IN CHIEF. PLAINTIFF NO CASE IN REBUTTAL.
THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 11:32 AM ON AUGUST 20, 2021, THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 3:30 PM ON AUGUST 20, 2021, THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT.
AMENDED VERDICT FORM- NEGLIGENT ENTRUSTMENT
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANT, VIC REGALADO.
WHITE VERDICT FORM-NEGLIGENCE
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:
1. DECEDENT, COBIE TYNER'S, CONTRIBUTORY NEGLIGENCE 40%
2. DEFENDANT'S EMPLOYEE, DEPUTY TITSWORTH'S NEGLIGENCE 60%
3. NON-PARTY'S, JOAQUIN SANCHEZ'S, NEGLIGENCE 0%
(1, 2, AND 3 MUST TOTAL 100%) 100%
TOTAL 100%
THE FOLLOWING SHALL BE ANSWERED ONLY IF THE PERCENTAGE OF CONTRIBUTORY NEGLIGENCE OF DECEDENT COBIE TYNER IS EQUAL TO OR OF LESSER PERCENTAGE THAN THE COMBINED PERCENTAGES OF DEPUTY TITSWORTH AND NON-PARTY JOAQUIN SANCHEZ.
4. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINIFFS, DEREK AND MONA TYENER INDIVIDUALLY, AND MONA TYNER AS SPECIAL ADMINISTRATOR OF THE ESTATE OF COBIE TYNER, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF DECEDENT COBIE TYNER, AND NEGLIGENCE OF DEPUTY TITSWORTH, AND THE NON-PARTY, JOAQUIN SANCHEZ, IS THE SUM OF $1,650,000.00. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE SUM OF THE PERCENTAGES ESTABLISHED IN ITEMS 1 AND 3 ABOVE.
VERDICT FORM SIGNED BY 11 JURORS.
JURY POLLED. JURY RELEASED.
1 REGALADO, VIC
08-20-2021 DISPJP
CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF DEREK TYNER, MONA TYNER AND MONA TYNER AS SPECIAL ADMINISTRATOR OF THE ESTATE OF COBIE TYNER IS PRESENT IN PERSON WITH COUNSEL DANIEL SMOLEN, BRIAN HELM AND BOB BLAKEMORE; DEFENDANT DEPUTY ANDREW TITSWORTH IS PRESENT IN PERSON WITH COUNSEL TIM HARRIS, MIKE SHOUSE AND NIC WILLIAMS.
THE JURORS ARE CALLED AND SWORN AS TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. ONE JURORS IS EXCUSED FOR CAUSE. FOUR (4) PEREMPTORY CHALLENGES ARE MADE BY THE PLAINTIFF. FOUR (4) PEREMPTORY CHALLENGES ARE MADE BY THE DEFENDANT. TWELVE (12) JURORS AND TWO (2) ALTERNATES ARE ACCEPTED AND SWORN TO TRY THE CAUSE.
RULE OF SEQUESTRATION INVOKED. JUDY WILSON COURT REPORTER. OPENING STATEMENT IS MADE BY THE PLAINTIFF. OPENING STATEMENT MADE BY DEFENDANT. NINE (9) WITNESSES ARE SWORN. PLAINTIFF PRESENTS EVIDENCE AND RESTS AFTER WITNESSES. TWO (2) WITNESSES ARE SWORN. PLAINTIFF WITNESSES: MICHAEL ORR, ANDREW TITSWORTH, AARON RIGGS, JAMES LOFTIS, DARREN THOMAS, LISA REYNA, JOHN FLYNN, DEREK TYNER, MONA TYNER. DEFENDANT PRESENTS EVIDENCE AND RESTS WITNESSES. FIVE (5) WITNESSES ARE SWORN. DEFENDANT WITNESSES: ANDREW TITSWORTH, AARON RIGGS, JAMES THOMAS, SHAROLYN GLENN, DIRK SMITH. DEFENDANT DIRECTED VERDICT ON EACH CLAIM DENIED. DIRECTED VERDICT DEMURRER COURT DIRECT VERDICT NEGLIGENCE ON DEFENDANT RENDER AID IS GRANTED. DEFENDANT CASE IN CHIEF. PLAINTIFF NO CASE IN REBUTTAL.
THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 11:32 AM ON AUGUST 20, 2021, THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 3:30 PM ON AUGUST 20, 2021, THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT.
AMENDED VERDICT FORM- NEGLIGENT ENTRUSTMENT
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANT, VIC REGALADO.
WHITE VERDICT FORM-NEGLIGENCE
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:
1. DECEDENT, COBIE TYNER'S, CONTRIBUTORY NEGLIGENCE 40%
2. DEFENDANT'S EMPLOYEE, DEPUTY TITSWORTH'S NEGLIGENCE 60%
3. NON-PARTY'S, JOAQUIN SANCHEZ'S, NEGLIGENCE 0%
(1, 2, AND 3 MUST TOTAL 100%) 100%
TOTAL 100%
THE FOLLOWING SHALL BE ANSWERED ONLY IF THE PERCENTAGE OF CONTRIBUTORY NEGLIGENCE OF DECEDENT COBIE TYNER IS EQUAL TO OR OF LESSER PERCENTAGE THAN THE COMBINED PERCENTAGES OF DEPUTY TITSWORTH AND NON-PARTY JOAQUIN SANCHEZ.
4. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINIFFS, DEREK AND MONA TYENER INDIVIDUALLY, AND MONA TYNER AS SPECIAL ADMINISTRATOR OF THE ESTATE OF COBIE TYNER, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF DECEDENT COBIE TYNER, AND NEGLIGENCE OF DEPUTY TITSWORTH, AND THE NON-PARTY, JOAQUIN SANCHEZ, IS THE SUM OF $1,650,000.00. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE SUM OF THE PERCENTAGES ESTABLISHED IN ITEMS 1 AND 3 ABOVE.
VERDICT FORM SIGNED BY 11 JURORS.
JURY POLLED. JURY RELEASED.
2 BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY
08-20-2021 DISPJP
CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF DEREK TYNER, MONA TYNER AND MONA TYNER AS SPECIAL ADMINISTRATOR OF THE ESTATE OF COBIE TYNER IS PRESENT IN PERSON WITH COUNSEL DANIEL SMOLEN, BRIAN HELM AND BOB BLAKEMORE; DEFENDANT DEPUTY ANDREW TITSWORTH IS PRESENT IN PERSON WITH COUNSEL TIM HARRIS, MIKE SHOUSE AND NIC WILLIAMS.
THE JURORS ARE CALLED AND SWORN AS TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. ONE JURORS IS EXCUSED FOR CAUSE. FOUR (4) PEREMPTORY CHALLENGES ARE MADE BY THE PLAINTIFF. FOUR (4) PEREMPTORY CHALLENGES ARE MADE BY THE DEFENDANT. TWELVE (12) JURORS AND TWO (2) ALTERNATES ARE ACCEPTED AND SWORN TO TRY THE CAUSE.
RULE OF SEQUESTRATION INVOKED. JUDY WILSON COURT REPORTER. OPENING STATEMENT IS MADE BY THE PLAINTIFF. OPENING STATEMENT MADE BY DEFENDANT. NINE (9) WITNESSES ARE SWORN. PLAINTIFF PRESENTS EVIDENCE AND RESTS AFTER WITNESSES. TWO (2) WITNESSES ARE SWORN. PLAINTIFF WITNESSES: MICHAEL ORR, ANDREW TITSWORTH, AARON RIGGS, JAMES LOFTIS, DARREN THOMAS, LISA REYNA, JOHN FLYNN, DEREK TYNER, MONA TYNER. DEFENDANT PRESENTS EVIDENCE AND RESTS WITNESSES. FIVE (5) WITNESSES ARE SWORN. DEFENDANT WITNESSES: ANDREW TITSWORTH, AARON RIGGS, JAMES THOMAS, SHAROLYN GLENN, DIRK SMITH. DEFENDANT DIRECTED VERDICT ON EACH CLAIM DENIED. DIRECTED VERDICT DEMURRER COURT DIRECT VERDICT NEGLIGENCE ON DEFENDANT RENDER AID IS GRANTED. DEFENDANT CASE IN CHIEF. PLAINTIFF NO CASE IN REBUTTAL.
THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 11:32 AM ON AUGUST 20, 2021, THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 3:30 PM ON AUGUST 20, 2021, THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT.
AMENDED VERDICT FORM- NEGLIGENT ENTRUSTMENT
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANT, VIC REGALADO.
WHITE VERDICT FORM-NEGLIGENCE
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:
1. DECEDENT, COBIE TYNER'S, CONTRIBUTORY NEGLIGENCE 40%
2. DEFENDANT'S EMPLOYEE, DEPUTY TITSWORTH'S NEGLIGENCE 60%
3. NON-PARTY'S, JOAQUIN SANCHEZ'S, NEGLIGENCE 0%
(1, 2, AND 3 MUST TOTAL 100%) 100%
TOTAL 100%
THE FOLLOWING SHALL BE ANSWERED ONLY IF THE PERCENTAGE OF CONTRIBUTORY NEGLIGENCE OF DECEDENT COBIE TYNER IS EQUAL TO OR OF LESSER PERCENTAGE THAN THE COMBINED PERCENTAGES OF DEPUTY TITSWORTH AND NON-PARTY JOAQUIN SANCHEZ.
4. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINIFFS, DEREK AND MONA TYENER INDIVIDUALLY, AND MONA TYNER AS SPECIAL ADMINISTRATOR OF THE ESTATE OF COBIE TYNER, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF DECEDENT COBIE TYNER, AND NEGLIGENCE OF DEPUTY TITSWORTH, AND THE NON-PARTY, JOAQUIN SANCHEZ, IS THE SUM OF $1,650,000.00. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE SUM OF THE PERCENTAGES ESTABLISHED IN ITEMS 1 AND 3 ABOVE.
VERDICT FORM SIGNED BY 11 JURORS.
JURY POLLED. JURY RELEASED.
2 REGALADO, VIC
08-20-2021 DISPJP
CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF DEREK TYNER, MONA TYNER AND MONA TYNER AS SPECIAL ADMINISTRATOR OF THE ESTATE OF COBIE TYNER IS PRESENT IN PERSON WITH COUNSEL DANIEL SMOLEN, BRIAN HELM AND BOB BLAKEMORE; DEFENDANT DEPUTY ANDREW TITSWORTH IS PRESENT IN PERSON WITH COUNSEL TIM HARRIS, MIKE SHOUSE AND NIC WILLIAMS.
THE JURORS ARE CALLED AND SWORN AS TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. ONE JURORS IS EXCUSED FOR CAUSE. FOUR (4) PEREMPTORY CHALLENGES ARE MADE BY THE PLAINTIFF. FOUR (4) PEREMPTORY CHALLENGES ARE MADE BY THE DEFENDANT. TWELVE (12) JURORS AND TWO (2) ALTERNATES ARE ACCEPTED AND SWORN TO TRY THE CAUSE.
RULE OF SEQUESTRATION INVOKED. JUDY WILSON COURT REPORTER. OPENING STATEMENT IS MADE BY THE PLAINTIFF. OPENING STATEMENT MADE BY DEFENDANT. NINE (9) WITNESSES ARE SWORN. PLAINTIFF PRESENTS EVIDENCE AND RESTS AFTER WITNESSES. TWO (2) WITNESSES ARE SWORN. PLAINTIFF WITNESSES: MICHAEL ORR, ANDREW TITSWORTH, AARON RIGGS, JAMES LOFTIS, DARREN THOMAS, LISA REYNA, JOHN FLYNN, DEREK TYNER, MONA TYNER. DEFENDANT PRESENTS EVIDENCE AND RESTS WITNESSES. FIVE (5) WITNESSES ARE SWORN. DEFENDANT WITNESSES: ANDREW TITSWORTH, AARON RIGGS, JAMES THOMAS, SHAROLYN GLENN, DIRK SMITH. DEFENDANT DIRECTED VERDICT ON EACH CLAIM DENIED. DIRECTED VERDICT DEMURRER COURT DIRECT VERDICT NEGLIGENCE ON DEFENDANT RENDER AID IS GRANTED. DEFENDANT CASE IN CHIEF. PLAINTIFF NO CASE IN REBUTTAL.
THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 11:32 AM ON AUGUST 20, 2021, THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 3:30 PM ON AUGUST 20, 2021, THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT.
AMENDED VERDICT FORM- NEGLIGENT ENTRUSTMENT
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANT, VIC REGALADO.
WHITE VERDICT FORM-NEGLIGENCE
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:
1. DECEDENT, COBIE TYNER'S, CONTRIBUTORY NEGLIGENCE 40%
2. DEFENDANT'S EMPLOYEE, DEPUTY TITSWORTH'S NEGLIGENCE 60%
3. NON-PARTY'S, JOAQUIN SANCHEZ'S, NEGLIGENCE 0%
(1, 2, AND 3 MUST TOTAL 100%) 100%
TOTAL 100%
THE FOLLOWING SHALL BE ANSWERED ONLY IF THE PERCENTAGE OF CONTRIBUTORY NEGLIGENCE OF DECEDENT COBIE TYNER IS EQUAL TO OR OF LESSER PERCENTAGE THAN THE COMBINED PERCENTAGES OF DEPUTY TITSWORTH AND NON-PARTY JOAQUIN SANCHEZ.
4. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINIFFS, DEREK AND MONA TYENER INDIVIDUALLY, AND MONA TYNER AS SPECIAL ADMINISTRATOR OF THE ESTATE OF COBIE TYNER, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF DECEDENT COBIE TYNER, AND NEGLIGENCE OF DEPUTY TITSWORTH, AND THE NON-PARTY, JOAQUIN SANCHEZ, IS THE SUM OF $1,650,000.00. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE SUM OF THE PERCENTAGES ESTABLISHED IN ITEMS 1 AND 3 ABOVE.
VERDICT FORM SIGNED BY 11 JURORS.
JURY POLLED. JURY RELEASED.
3 BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY
08-20-2021 DISPJP
CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF DEREK TYNER, MONA TYNER AND MONA TYNER AS SPECIAL ADMINISTRATOR OF THE ESTATE OF COBIE TYNER IS PRESENT IN PERSON WITH COUNSEL DANIEL SMOLEN, BRIAN HELM AND BOB BLAKEMORE; DEFENDANT DEPUTY ANDREW TITSWORTH IS PRESENT IN PERSON WITH COUNSEL TIM HARRIS, MIKE SHOUSE AND NIC WILLIAMS.
THE JURORS ARE CALLED AND SWORN AS TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. ONE JURORS IS EXCUSED FOR CAUSE. FOUR (4) PEREMPTORY CHALLENGES ARE MADE BY THE PLAINTIFF. FOUR (4) PEREMPTORY CHALLENGES ARE MADE BY THE DEFENDANT. TWELVE (12) JURORS AND TWO (2) ALTERNATES ARE ACCEPTED AND SWORN TO TRY THE CAUSE.
RULE OF SEQUESTRATION INVOKED. JUDY WILSON COURT REPORTER. OPENING STATEMENT IS MADE BY THE PLAINTIFF. OPENING STATEMENT MADE BY DEFENDANT. NINE (9) WITNESSES ARE SWORN. PLAINTIFF PRESENTS EVIDENCE AND RESTS AFTER WITNESSES. TWO (2) WITNESSES ARE SWORN. PLAINTIFF WITNESSES: MICHAEL ORR, ANDREW TITSWORTH, AARON RIGGS, JAMES LOFTIS, DARREN THOMAS, LISA REYNA, JOHN FLYNN, DEREK TYNER, MONA TYNER. DEFENDANT PRESENTS EVIDENCE AND RESTS WITNESSES. FIVE (5) WITNESSES ARE SWORN. DEFENDANT WITNESSES: ANDREW TITSWORTH, AARON RIGGS, JAMES THOMAS, SHAROLYN GLENN, DIRK SMITH. DEFENDANT DIRECTED VERDICT ON EACH CLAIM DENIED. DIRECTED VERDICT DEMURRER COURT DIRECT VERDICT NEGLIGENCE ON DEFENDANT RENDER AID IS GRANTED. DEFENDANT CASE IN CHIEF. PLAINTIFF NO CASE IN REBUTTAL.
THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 11:32 AM ON AUGUST 20, 2021, THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 3:30 PM ON AUGUST 20, 2021, THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT.
AMENDED VERDICT FORM- NEGLIGENT ENTRUSTMENT
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANT, VIC REGALADO.
WHITE VERDICT FORM-NEGLIGENCE
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS:
1. DECEDENT, COBIE TYNER'S, CONTRIBUTORY NEGLIGENCE 40%
2. DEFENDANT'S EMPLOYEE, DEPUTY TITSWORTH'S NEGLIGENCE 60%
3. NON-PARTY'S, JOAQUIN SANCHEZ'S, NEGLIGENCE 0%
(1, 2, AND 3 MUST TOTAL 100%) 100%
TOTAL 100%
THE FOLLOWING SHALL BE ANSWERED ONLY IF THE PERCENTAGE OF CONTRIBUTORY NEGLIGENCE OF DECEDENT COBIE TYNER IS EQUAL TO OR OF LESSER PERCENTAGE THAN THE COMBINED PERCENTAGES OF DEPUTY TITSWORTH AND NON-PARTY JOAQUIN SANCHEZ.
4. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINIFFS, DEREK AND MONA TYENER INDIVIDUALLY, AND MONA TYNER AS SPECIAL ADMINISTRATOR OF THE ESTATE OF COBIE TYNER, WITHOUT REGARD TO THE PERCENTAGES OF CONTRIBUTORY NEGLIGENCE OF DECEDENT COBIE TYNER, AND NEGLIGENCE OF DEPUTY TITSWORTH, AND THE NON-PARTY, JOAQUIN SANCHEZ, IS THE SUM OF $1,650,000.00. THIS DOLLAR AMOUNT WILL BE REDUCED BY THE JUDGE BY THE SUM OF THE PERCENTAGES ESTABLISHED IN ITEMS 1 AND 3 ABOVE.
VERDICT FORM SIGNED BY 11 JURORS.
JURY POLLED. JURY RELEASED.
Plaintiff's Experts: John Flynn, accident reconstutionist, El Paso, Texas
Defendant's Experts:
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