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Date: 04-15-2024

Case Style:

Maureen M. Johnson, Penni D. Skillern, Estate of Coyote Johnson, Deceased, v. Lydia Johnson

Case Number: CJ=2022-606

Judge: William LaFortune

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: George Miles

Defendant's Attorney: Chad M. Neuens<

Description: Tulsa, Oklahoma civil litigation lawyers represented the Plaintiffs who sued the Defendant on unjust enrichment theories.

Maureen M. Johnson and Penni D. Skillern, were the duly appointed Co-Personal Representatives of the Estate of Coyote Johnson, deceased, who died intestate, and who had multiple bank accounts. Pryor to the death of Coyote Johnson he changed his bank accounts to a payable on death beneficiary as Lydia Johnson. The Plaintiffs claimed that the Defendant exercised undue influence on the decedent and as a result thereof profits from the undue influence in an amount greater than $10,000.00.

The Plaintiffs claimed that Lydia Johnson was a financial adviser to Coyote Johnson, having a confidential relationship with him. The funds recovered by Lydia Johnson were intended to be held in trust. The Estate sought a constructive true of the monies received by Lydia Johnson to be reimbursed to his Estate.

15 O.S. Section 61 provides:

1. In the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the purpose of obtaining an unfair advantage over him.

2. In taking an unfair advantage of another's weakness of mind; or,

3. In taking a grossly oppressive and unfair advantage of another's necessities or distress.

The Defendant denied wrongdoing.

Outcome: In trial the week of April 15, 2024.

Plaintiff's Experts:

Defendant's Experts:

Comments: Digested by: Kent Morlan

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