Benito Gonzales v. George Smith Jr.

IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA FILED DISTRICT COURT BENITO GONZALES, Plaintiff, v. OKLAHOMA COUNTY, OKLAHOMA GEORGE SMITH JR., an individual, Defendant. PETITION COMES NOW the Plaintiff, BENITO GONZALES ("Gonzales" or "Plaintiff"), for his cause of action against Defendant GEORGE SMITH JR. ("Smith" or "Defendant"), alleges and states as follows: PARTIES, JURISDICTION AND VENUE 1. Plaintiff Benito Gonzales is an individual and resident of Oklahoma County, Oklahoma. 2. Defendant George Smith Jr. is an individual who, upon information and belief, resides in Oklahoma County, Oklahoma, and may be served at 15820 Crane Way, Edmond, Oklahoma 73013, or wherever he may be found. 3. This action arises out of a motor vehicle collision that occurred on November 24, 2025, at or near N. May Avenue and NW 69th Street, in Oklahoma City, Oklahoma County, Oklahoma. 4. This Court has subject-matter jurisdiction over this action because Plaintiff’s claims arise under the laws of the State of Oklahoma. 5. This Court has personal jurisdiction over Defendant Smith because he resides in Oklahoma County, Oklahoma, and committed the acts and omissions complained of herein in Oklahoma County. 6. Venue is proper in Oklahoma County pursuant to 12 O.S. § 141, because the collision and resulting damages occurred in Oklahoma County, Oklahoma.. FACTUAL BACKGROUND 7. On November 24, 2025, at approximately 2:00 p.m., Plaintiff was lawfully operating his 2009 Chevrolet Silverado northbound in the outside (right) lane of N. May Avenue in Oklahoma City, Oklahoma County, Oklahoma. 8. At the same time and place, Defendant was operating a 2013 Honda Accord southbound on N. May Avenue. 9. As Plaintiff proceeded northbound in the outside lane of N. May Avenue in the 6900 block, Defendant attempted to make a left-hand turn from N. May Avenue into a private drive located on the east side of N. May Avenue, near NW 69th Street. 10. In executing the left turn, Defendant turned directly across the path of Plaintiff's northbound vehicle, failing to yield the right-of-way to Plaintiff, who was traveling in the opposite direction and was so close as to constitute an immediate hazard. 11. Plaintiff had insufficient time and distance to avoid the collision after Defendant turned across his path of travel. 12. As a direct result of Defendant's failure to yield, Plaintiff's vehicle struck the middle of the passenger’s side of Defendant's vehicle, causing significant property damage to Plaintiff's vehicle. 13. The Oklahoma City Police Department investigated the collision and cited Defendant's contributing factor as "Failed To Yield – To Vehicle on Right," and noted that Defendant was turning left at the time of the collision. 14. Plaintiff was at all times operating his vehicle lawfully, prudently, and with due care, and did not contribute to the cause of the collision. 15. As a direct and proximate result of Defendant's negligent and unlawful conduct, Plaintiff sustained bodily injury and property damage to his vehicle. CLAIMS FOR RELIEF COUNT I: NEGLIGENCE 16. Plaintiff incorporates by reference the allegations of the preceding paragraphs as if fully set forth herein. 17. At all relevant times, Defendant owed Plaintiff a duty to operate his motor vehicle in a careful and prudent manner, consistent with ordinary care, including the duties to: a. Operate his vehicle at a safe speed under the circumstances; b. Maintain proper control of his vehicle; c. Keep a proper lookout; d. Yield the right-of-way to oncoming vehicles when making a left turn; e. Ensure that a turning movement could be made safely before executing it; and f. Devote full time and attention to the operation of his vehicle. 18. Defendant breached these duties of care, including but not limited to the following acts and omissions: a. Executing a left turn across the path of Plaintiff's oncoming northbound vehicle; b. Failing to yield the right-of-way to Plaintiff, who was lawfully proceeding northbound on N. May Avenue; c. Failing to timely observe Plaintiff's approaching vehicle before turning; d. Failing to ensure that the left turn could be made safely before initiating it; e. Failing to maintain proper control of his vehicle; and f. Striking, or causing Plaintiff's vehicle to strike, Defendant's vehicle by cutting across Plaintiff's lane of travel. 19. Plaintiff was at all times operating his vehicle lawfully, prudently, and with due care, and did not contribute to the cause of the collision. 20. As a direct and proximate result of Defendant's negligence, Plaintiff sustained bodily injuries; pain and suffering (past and future); mental and emotional distress (past and future); medical expenses (past and future); loss of earnings and/or impairment of earning capacity; property damage to his motor vehicle, including loss of use and diminution in value; and other damages recoverable under Oklahoma law.. COUNT II: NEGLIGENCE PER SE 21. Plaintiff incorporates by reference the allegations of the preceding paragraphs as if fully set forth herein. 22. At the time and place of the collision, Defendant violated one or more Oklahoma traffic-safety statutes and Oklahoma City Municipal Code ordinances enacted to protect motorists from precisely the type of harm that occurred in this case, including but not limited to the following: a. 47 O.S. § 11-402, which requires that the driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard during the time when such driver is moving across or within the intersection. • Defendant violated this statute by executing a left turn directly into the path of Plaintiff’s oncoming northbound vehicle — a vehicle that was lawfully traveling in the outside lane of N. May Avenue and was so close to the point of turn as to constitute an immediate hazard — without yielding the right-of-way to Plaintiff, thereby causing the collision; b. 47 O.S. § 11-601, which requires the driver of a vehicle intending to turn left at an intersection to approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel, and to execute the left turn so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered. • Defendant violated this statute by failing to position his southbound vehicle in the proper lane prior to initiating the left turn and by executing the left turn in a manner that carried him directly across the outside northbound lane of N. May Avenue — the lane in which Plaintiff’s vehicle was lawfully traveling — rather than completing the turn in the proper lane configuration;¹ and c. 47 O.S. § 11-604, which requires that no person shall turn a vehicle at an intersection or into a private road or driveway unless the vehicle is in proper position upon the roadway and the movement can be made with reasonable safety, and that a signal of intention to turn shall be given continuously during not less than the last one hundred (100) feet traveled by the vehicle before turning. • Defendant violated this statute by initiating a left turn across N. May Avenue without first ensuring that the turning movement could be made with reasonable safety given the presence of Plaintiff’s oncoming northbound vehicle, and by failing to give a timely and continuous turn signal sufficient to alert Plaintiff and other affected traffic of his intention to turn.² 23. The foregoing statutes and municipal ordinances were enacted to promote roadway safety and to protect a class of persons that includes Plaintiff as a lawful motorist using Oklahoma roadways. Plaintiff was within the class of persons intended to be protected by these laws, ¹ Oklahoma City Municipal Code § 32-236 contains a parallel provision requiring that the approach for a left turn from a two-way street be made in that portion of the right half of the street nearest the center thereof, and that after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center of the roadway being entered. Defendant violated both 47 O.S. § 11-601 and Oklahoma City Municipal Code § 32-236. ² Oklahoma City Municipal Code § 32-240 contains a parallel provision requiring that no person turn a vehicle at an intersection unless the vehicle is in proper position, or turn a vehicle to enter a private road or driveway, or otherwise move right or left upon a roadway unless and until such movement can be made with reasonable safety, and requiring a continuous signal of intention to turn during not less than the last 100 feet traveled before turning. Defendant violated both 47 O.S. § 11-604 and Oklahoma City Municipal Code § 32-240. and the harm suffered by Plaintiff is precisely the type of harm these laws were designed to prevent. 24. Defendant’s violations of these statutes and municipal ordinances, without legal excuse, constitute negligence per se under Oklahoma law. 25. Defendant’s statutory and ordinance violations were a direct and proximate cause of the collision and Plaintiff’s resulting injuries and damages, including bodily injury, pain and suffering, medical expenses, loss of earnings or earning capacity, and property damage to Plaintiff’s vehicle, including loss of use and diminution in value. DAMAGES 26. As a direct and proximate result of Defendant's negligence and negligence per se, Plaintiff Benito Gonzales has sustained damages recoverable under Oklahoma law, including but not limited to the following: a. Bodily injuries, including physical pain and suffering, past and future; b. Mental and emotional distress, past and future; c. Past and future medical expenses, including diagnostic testing, treatment, and rehabilitation; d. Loss of earnings and/or impairment of earning capacity; e. Property damage to Plaintiff’s motor vehicle, including the reasonable cost of repair or replacement; f. Loss of use of Plaintiff’s vehicle during the period of repair or replacement; g. Diminution in value and/or total loss of Plaintiff’s vehicle resulting from the collision; and h. Other out-of-pocket and consequential damages sustained as a result of the collision. 27. The full nature and extent of Plaintiff's damages are continuing and, in part, not yet fully known. Plaintiff reserves the right to present evidence of additional damages as they become known through discovery and ongoing treatment. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully prays for judgment against Defendant GEORGE SMITH JR. in an amount to be determined by the jury in excess of $75,000.00, exclusive of interest and costs, together with pre- and post-judgment interest as allowed by law, the costs of this action, and for such other and further relief as the Court deems just and proper.. Respectfully submitted, By: ____________________________ Chris Sloan, OBA No. 20110 RealDamages, PLLC P.O. BOX 1084 Oklahoma City, OK 73101-1084 Phone: (572) 999-0444 Fax: (572) 218-5383 Email: [email protected] Attorney for Plaintiff BENITO GONZALES VERIFICATION STATE OF OKLAHOMA ) ) COUNTY OF OKLAHOMA ) I, BENITO GONZALES, being duly sworn, state under oath as follows: I am the Plaintiff BENITO GONZALES in the above-entitled action. I have read the foregoing Petition and know the contents thereof. The statements made therein are true and correct to the best of my knowledge, information, and belief. Benito Gonzales (Mar 5, 2026 12:25:09 CST) BENITO GONZALES Plaintiff