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Date: 12-03-2021
Case Style:
Case Number: CJ-2028-2400
Judge: Doug Drummond
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney:
Defendant's Attorney: Brandley E. Bowlby for Shirley A. Crain
Nathan E. Clark for Quicktrip, Terry Cartside, Carolyn Cartside and Cartside Trust
Description: Tulsa, Oklahoma personal injury lawyer represented Plaintiff, who sued Defendant Crain on an suto negligence theory and Defendants Quiktrip, et al. on premises liability negligence theories claiming to have been severely injured in an accident caused by Crain while an invitee on at a Quicktrip store.
Plaintiff, a resident of Tulsa County, Oklahoma sued Defendants on various negligence theories claiming that on June 27, 2016, he was an invitee at the Quicktrup Store located at 2 East 41st in Sand Springs, Oklahoma. As he was exiting the store Defendant Crain negligently operated her vehicle causing it to accelerate and jump the curb striking Plaintiff and penning him betwee Crain's vehicle and the side of Quiktrip's store.
Defendants Quicktrip and the Gartsides breached their duty to exercise ordinary care to keep the QuikTrump and the approaches safe by creating and allowing to exist unsafe conditions, including the failure to install any bollards or other barriers to prevent the foreseeable storefront crash.
Plaintiff to June 27, 2016, incident Defendants QT and Gartside had actual or constructive knowledge of the dangers of storefront crashes and the need to exercise reasonable care in preventing such incidents. Despite this actual or constructive knowledge, Defendants failed to take the proper corrective action to reduce or eliminate the hazard.
As a direct and proximate result of the condition these Defendants created and maintained, Kevin Jackson suffered serious economic, physical, mental and emotional injuries, including severe pain, suffering and fear of imminent death.
QuikTrip denied wrongdoing.
QuikTrip filed a motion for summary judgement claiming that the store in question was built in 1992 and was equipped with six inch curb separating vehicle parking spaces from the pedestrian sidewalk and exterior wall of the store. That safety bollards were not required by any applicable building code or regulation and Oklahoma's Statute of Repose codified at 12 O.S. Section 109. Plaintiff's claim is one for negligent design rather than negligence maintenance. The Supreme Court of Oklahoma distinguished mere maintenance from design and construction in the context of premises liability in Gorton v. Mashburn, 1999 OK 100.
QuikTrip's Motion for Summary Judgement was sustained in part (punitive damages) and overruled in part by the Court.
Outcome: Dismissed as to Terry Gartside, Carolyn Gartside, Gartside Trust and Shirley A.
DRUMMOND, DOUG: STATEMENT OF THE CASE AND INSTRUCTIONS OF LAW ENTERED;
NOW ON THIS 29TH DAY OF NOVEMBER, 2021, THE DISTRICT COURT OF TULSA COUNTY, OKLAHOMA CONVENES FOR A JURY TRIAL. PRESENT AND PRESIDING: HONORABLE DOUG DRUMMOND, DISTRICT JUDGE; KIM DEBOARD, COURT REPORTER, WALT SINCLAIR, BAILIFF. PUBLIC PROCEEDINGS WERE HAD TO WIT:
CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF KEVIN JACKSON IS PRESENT IN PERSON WITH COUNSEL SCOTT JACKSON. REPRESENTATIVE RON COLLINS FOR DEFENDANT QUIIKTRIP CORPORATION IS PRESENT IN PERSON WITH COUNSEL NATHAN CLARK
THE JURORS ARE CALLED AND SWORN AS TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. ONE JUROR IS EXCUSED FOR CAUSE. THREE (3) PEREMPTORY CHALLENGES ARE MADE BY THE PLAINTIFF. THREE (3) PEREMPTORY CHALLENGES ARE MADE BY THE DEFENDANT. TWELVE (12) JURORS AND ONE (1) ALTERNATE ARE ACCEPTED AND SWORN TO TRY THE CAUSE.
NO RULE OF SEQUESTRATION. OPENING STATEMENT IS MADE BY THE PLAINTIFF. OPENING STATEMENT MADE BY DEFENDANT. KIM DEBOARD, COURT REPORTER. ELEVEN (11) WITNESSES ARE SWORN. PLAINTIFF PRESENTS EVIDENCE AND RESTS AFTER TEN (10) WITNESESS. PLAINTIFF'S WITNESSES: (1) JOSH POTTER, (2) SAMANTHA SMART, (3) SHIRLEY CRAIN, (4) DETECTIVE JAMES HOLTFORTY, (5) ROB REITER, (6) KEVIN JACKSON, (7) AMY SKUTA, (8) DR. JULES DUMAIS - EXPERT, (9) LON HUFF - EXPERT, (10) ANNETTE JACKSON. DEFENDANT'S MOTION FOR DIRECTED VERDICT IS DENIED. DEFENDANT PRESENTS EVIDENCE AND RESTS AFTER ONE (1) WITNESS. DEFENDANT'S WITNESS: (1) MARTIN SHIELDS. DEFENDANT'S MOTION FOR DIRECTED VERDICT IS DENIED.
THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 11:30 AM ON DECEMBER 2, 2021, THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 1:35 PM ON DECEMBER 2, 2021, THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT.
VERDICT FORM
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE PLAINTIFF, KEVIN JACKSON, AS FOLLOWS:
1. DEFENDANT QUICKTRIP CORPORATION'S NEGLIGENCE: 78%
2. NON-PARTY SHIRLEY CRAIN'S NEGLIGENCE: 22%
3. WE FIND THE DOLLAR AMOUNT OF DAMAGES SUSTAINED BY THE PLAINTIFF, KEVIN JACKSON, WITHOUT REGARD TO THE PERCENTAGE OF NEGLIGENCE OF THE DEFENDANT AND THE NON-PARTY IS THE SUM OF $19,000,000.00.
VERDICT FORM SIGNED BY ELEVEN JURORS.
JURY RELEASED.
Plaintiff's Experts:
Defendant's Experts:
Comments: