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Date: 11-22-2022
Case Style:
James R. Smith and Patty Smith v. Neurogurgical Specialists of Tulsa, LLC and John S. Marouk
Case Number: CJ-2019-31
Judge: Lara M. Russell
Court: District Court, Rogers County, Oklahoma
Plaintiff's Attorney:
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Defendant's Attorney: Bobby Latham, Lance Freije and Leigh Anne Birdsong for Neurogurgical Specialists of Tulsa, LLC and John S. Marouk
Description: Clarmore, Oklahoma personal injury lawyers represented Plaintiffs, who sued Defendants on medical malpractice negligence theories claiming to have been injured and/or damaged as a direct result of substandard medical care.
The elements of a personal injury claim are: (1) Failure on the part of the Defendant to exercise due care, (2) damages and/or injuries caused to Plaintiff, and (3) a direct casual relationship between 1 and 2.
Plaintiff's claimed that Defendants negligently delayed surgery on the James Smith causing him to suffer serious and permanent injuries.
Defendants denied fault, denied causation and denied damages.
Medical Malpractice by Kent Morlan
Outcome: 09-21-2022 CTFREE
JUDGE CONDREN/CR WOODSON: CASE COMES ON FOR FINAL PRETRIAL CONFERENCE AND ALL PENDING MOTIONS. ATTORNEYS TONY LAIZURE, BILL HIGGINS AND KEVIN EASLEY PRESENT FOR JAMES R. SMITH. ATTORNEY JEFF PRICE PRESENT ON BEHALF OF THE PLAINTIFF PATTY SMITH. ATTORNEY LANCE FREIJE PRESENT ON BEHALF OF THE DEFENDANT JOHN S. MAROUK AND NEUROSURGICAL SPECIALISTS OF TULSA, LLC. ORDERS FROM 7/9/2021 AND THE AMENDED PT ORDER SUBMITTED AND SIGNED. THE PROPOSED ORDER FROM 8/10/21 WAS RETURNED TO THE PLAINTIFF FOR FURTHER CORRECTIONS. COURT RULED ON ALL PENDING TRIAL DEPOSITION OBJECTIONS. ATTORNEYS TO WORK ON JURY INSTRUCTIONS, INCLUDING AGREED INSTRUCTIONS AND PROVIDE THEM TO THE COURT NEXT WEEK. ATTORNEYS TO APPEAR ON THE FIRST DAY OF JURY TRIAL SET ON 10/3/2022 AT 8:30 AM.
Document Available (#1053645286) TIFF PDF
09-27-2022 O
COURT'S ORDER ON PROCEEDINGS HELD AUGUST 10TH, 2021
Document Available (#1053645228) TIFF PDF
10-03-2022 CTFREE
JUDGE CONDREN: CR GARY WOODSON: PLTF JAMES SMITH PRESENT WITH ATTYS TONY LAIZURE, BILL HIGGINS AND KEVIN EASLEY. PLTF PATTY SMITH PRESENT WITH ATTY JEFF PRICE. DEF DR. JOHN MAROUK PRESENT WITH ATTYS LANCE FREIJE AND LEIGH BIRDSONG. PANEL SWORN. VOIR DIRE CONDUCTED. BOTH PLTFS AND DEFTS PASSED FOR CAUSE. PREEMPTORY CHALLENGES EXERCISED. 12 JURORS PLUS 2 ALTERNATES WERE EMPANELED AND SWORN. COURT RECESSES FOR THE DAY.
Document Available (#1053918081) TIFF PDF
10-04-2022 CTFREE
JUDGE CONDREN: CR GARY WOODSON: BOTH PLTFS APPEARANCES WAIVED. ATTY TONY LAIZURE, BILL HIGGINS AND KEVIN EASLEY PRESENT FOR JAMES SMITH. ATTY JEFF PRICE PRESENT FOR PATTI SMITH. DEF DR. JOHN MAROUK PRESENT WITH ATTYS LANCE FREIJE AND LEIGH BIRDSONG. ALL JURORS RETURNED. OPENING STATEMENTS MADE FOR BOTH PLAINTIFFS AND DEFENDANTS. PLTF JAMES SMITH PRESENTED EVIDENCE IN THEIR CASE IN CHIEF. WITNESSES SWORN, TESTIMONY TAKEN. COURT RECESSES FOR THE DAY.
Document Available (#1053918077) TIFF PDF
10-05-2022 CTFREE
JUDGE CONDREN: CR GARY WOODSON: BOTH PLTFS APPEARANCES WAIVED. ATTYS TONY LAISZURE, BILL HIGGINS AND KEVIN EASLEY PRESENT FOR JAMES SMITH. ATTY JEFF PRICE ILL, AND HIS APPEARANCE IS WAIVED. ATTY PRICE IS FINE WITH TRIAL CONTINUING. PLTF JAMES SMITH'S ATTYS CONTINUE PRESENTING WITNESSES IN THEIR CASE IN CHIEF. WITNESSES SWORN, TESTIMONY TAKEN. PLTF JAMES SMITH CONCLUDES HIS PORTION OF THE CASE. BY AGREEMENT, PLTF'S CASE WILL REMAIN OPEN TO ALLOW PATTY SMITH TO PRESENT HER CASE IN CHIEF. PLTF DOES NOT REST, BUT DEFS COMMENCE PRESENTING THEIR CASE IN CHIEF BY PRESENTING WITNESSES BY DEPOSITION. COURT RECESSES FOR THE DAY.
Document Available (#1053918076) TIFF PDF
10-06-2022 CTFREE
JUDGE CONDREN: CR GARY WOODSON: BOTH PLTFS APPEARANCES WAIVED. ATTYS TONY LAIZURE, BILL HIGGINS AND KEVIN EASLEY PRESENT FOR JAMES SMITH. ATTY JEFF PRICE ILL AND HIS APPEARANCE IS WAIVED. DEFS CONTINUED PRESENTING THEIR CASE IN CHIEF BY BOTH DEPOSITION AND WITNESSES. WITNESSES SWORN AND TESTIMONY TAKEN. COURT RECESSES FOR THE DAY.
Document Available (#1053918072) TIFF PDF
10-07-2022 CTFREE
JUDGE CONDREN: CR GARY WOODSON: PLTF JAMES SMITH PRESENT WITH ATTYS TONY LAIZURE, BILL HIGGINS AND KEVIN EASLEY. PLTF PATTY SMITH PRESENT WITH ATTY JEFF PRICE. PATTY SMITH'S CASE IN CHIEF PRESENTED THROUGH THEIR TESTIMONY. BOTH PLTF'S REST. DEFS DEMUR TO THE EVIDENCE AND MOVE FOR A DIRECTED VERDICT. ALSO, PLTF MOVED FOR A DIRECTED VERDICT. BOTH MOTIONS OVERRULED. DEFENDANTS RESTS. BOTH MOVE FOR DIRECTED VERDICT. MOTIONS OVERRULED. NO REBUTTAL. JURY INSTRUCTED AND CLOSING ARGUMENTS HEARD. ALTERNATES EXCUSED. JURY RETIRED FOR DELIBERATION AND RETURNED A VERDICT IN OPEN COURT. JUDGMENT FOR THE DEFENDANTS. JURY EXCUSED.
Plaintiff's Experts: Dr. Robert Kowalski, Dr. Amal E. Moorad, Rodney Isom, Ph.D., Robert Johnson
Defendant's Experts: DR. Edie Carey
Comments:
Defendant's Attorney: Bobby Latham, Lance Freije and Leigh Anne Birdsong for Neurogurgical Specialists of Tulsa, LLC and John S. Marouk
Description: Clarmore, Oklahoma personal injury lawyers represented Plaintiffs, who sued Defendants on medical malpractice negligence theories claiming to have been injured and/or damaged as a direct result of substandard medical care.
The elements of a personal injury claim are: (1) Failure on the part of the Defendant to exercise due care, (2) damages and/or injuries caused to Plaintiff, and (3) a direct casual relationship between 1 and 2.
Plaintiff's claimed that Defendants negligently delayed surgery on the James Smith causing him to suffer serious and permanent injuries.
Defendants denied fault, denied causation and denied damages.
Medical Malpractice by Kent Morlan
Outcome: 09-21-2022 CTFREE
JUDGE CONDREN/CR WOODSON: CASE COMES ON FOR FINAL PRETRIAL CONFERENCE AND ALL PENDING MOTIONS. ATTORNEYS TONY LAIZURE, BILL HIGGINS AND KEVIN EASLEY PRESENT FOR JAMES R. SMITH. ATTORNEY JEFF PRICE PRESENT ON BEHALF OF THE PLAINTIFF PATTY SMITH. ATTORNEY LANCE FREIJE PRESENT ON BEHALF OF THE DEFENDANT JOHN S. MAROUK AND NEUROSURGICAL SPECIALISTS OF TULSA, LLC. ORDERS FROM 7/9/2021 AND THE AMENDED PT ORDER SUBMITTED AND SIGNED. THE PROPOSED ORDER FROM 8/10/21 WAS RETURNED TO THE PLAINTIFF FOR FURTHER CORRECTIONS. COURT RULED ON ALL PENDING TRIAL DEPOSITION OBJECTIONS. ATTORNEYS TO WORK ON JURY INSTRUCTIONS, INCLUDING AGREED INSTRUCTIONS AND PROVIDE THEM TO THE COURT NEXT WEEK. ATTORNEYS TO APPEAR ON THE FIRST DAY OF JURY TRIAL SET ON 10/3/2022 AT 8:30 AM.
Document Available (#1053645286) TIFF PDF
09-27-2022 O
COURT'S ORDER ON PROCEEDINGS HELD AUGUST 10TH, 2021
Document Available (#1053645228) TIFF PDF
10-03-2022 CTFREE
JUDGE CONDREN: CR GARY WOODSON: PLTF JAMES SMITH PRESENT WITH ATTYS TONY LAIZURE, BILL HIGGINS AND KEVIN EASLEY. PLTF PATTY SMITH PRESENT WITH ATTY JEFF PRICE. DEF DR. JOHN MAROUK PRESENT WITH ATTYS LANCE FREIJE AND LEIGH BIRDSONG. PANEL SWORN. VOIR DIRE CONDUCTED. BOTH PLTFS AND DEFTS PASSED FOR CAUSE. PREEMPTORY CHALLENGES EXERCISED. 12 JURORS PLUS 2 ALTERNATES WERE EMPANELED AND SWORN. COURT RECESSES FOR THE DAY.
Document Available (#1053918081) TIFF PDF
10-04-2022 CTFREE
JUDGE CONDREN: CR GARY WOODSON: BOTH PLTFS APPEARANCES WAIVED. ATTY TONY LAIZURE, BILL HIGGINS AND KEVIN EASLEY PRESENT FOR JAMES SMITH. ATTY JEFF PRICE PRESENT FOR PATTI SMITH. DEF DR. JOHN MAROUK PRESENT WITH ATTYS LANCE FREIJE AND LEIGH BIRDSONG. ALL JURORS RETURNED. OPENING STATEMENTS MADE FOR BOTH PLAINTIFFS AND DEFENDANTS. PLTF JAMES SMITH PRESENTED EVIDENCE IN THEIR CASE IN CHIEF. WITNESSES SWORN, TESTIMONY TAKEN. COURT RECESSES FOR THE DAY.
Document Available (#1053918077) TIFF PDF
10-05-2022 CTFREE
JUDGE CONDREN: CR GARY WOODSON: BOTH PLTFS APPEARANCES WAIVED. ATTYS TONY LAISZURE, BILL HIGGINS AND KEVIN EASLEY PRESENT FOR JAMES SMITH. ATTY JEFF PRICE ILL, AND HIS APPEARANCE IS WAIVED. ATTY PRICE IS FINE WITH TRIAL CONTINUING. PLTF JAMES SMITH'S ATTYS CONTINUE PRESENTING WITNESSES IN THEIR CASE IN CHIEF. WITNESSES SWORN, TESTIMONY TAKEN. PLTF JAMES SMITH CONCLUDES HIS PORTION OF THE CASE. BY AGREEMENT, PLTF'S CASE WILL REMAIN OPEN TO ALLOW PATTY SMITH TO PRESENT HER CASE IN CHIEF. PLTF DOES NOT REST, BUT DEFS COMMENCE PRESENTING THEIR CASE IN CHIEF BY PRESENTING WITNESSES BY DEPOSITION. COURT RECESSES FOR THE DAY.
Document Available (#1053918076) TIFF PDF
10-06-2022 CTFREE
JUDGE CONDREN: CR GARY WOODSON: BOTH PLTFS APPEARANCES WAIVED. ATTYS TONY LAIZURE, BILL HIGGINS AND KEVIN EASLEY PRESENT FOR JAMES SMITH. ATTY JEFF PRICE ILL AND HIS APPEARANCE IS WAIVED. DEFS CONTINUED PRESENTING THEIR CASE IN CHIEF BY BOTH DEPOSITION AND WITNESSES. WITNESSES SWORN AND TESTIMONY TAKEN. COURT RECESSES FOR THE DAY.
Document Available (#1053918072) TIFF PDF
10-07-2022 CTFREE
JUDGE CONDREN: CR GARY WOODSON: PLTF JAMES SMITH PRESENT WITH ATTYS TONY LAIZURE, BILL HIGGINS AND KEVIN EASLEY. PLTF PATTY SMITH PRESENT WITH ATTY JEFF PRICE. PATTY SMITH'S CASE IN CHIEF PRESENTED THROUGH THEIR TESTIMONY. BOTH PLTF'S REST. DEFS DEMUR TO THE EVIDENCE AND MOVE FOR A DIRECTED VERDICT. ALSO, PLTF MOVED FOR A DIRECTED VERDICT. BOTH MOTIONS OVERRULED. DEFENDANTS RESTS. BOTH MOVE FOR DIRECTED VERDICT. MOTIONS OVERRULED. NO REBUTTAL. JURY INSTRUCTED AND CLOSING ARGUMENTS HEARD. ALTERNATES EXCUSED. JURY RETIRED FOR DELIBERATION AND RETURNED A VERDICT IN OPEN COURT. JUDGMENT FOR THE DEFENDANTS. JURY EXCUSED.
Plaintiff's Experts: Dr. Robert Kowalski, Dr. Amal E. Moorad, Rodney Isom, Ph.D., Robert Johnson
Defendant's Experts: DR. Edie Carey
Comments: