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POTTAWATOMIE COUNTY • CJ-2025-00090

James Talton v. Ryleigh Hernandez

Filed: Feb 25, 2025
Type: CJ

What's This Case About?

Let’s cut right to the chase: a man got rear-ended on a quiet Oklahoma street and now says his life has been permanently altered. We’re not talking whiplash and a fender-bender apology sandwich. No, this is the kind of collision that allegedly shattered routines, scrambled body parts, and launched a $250,000 lawsuit—all because someone behind the wheel, allegedly, wasn’t paying attention. Welcome to Crazy Civil Court, where the drama isn’t murder or mayhem, but metal meeting metal at just the wrong speed.

Meet James Talton, a resident of Shawnee, Oklahoma—a town known more for its oil history and college football than high-speed chases or courtroom sagas. James, according to court documents, was just minding his business, driving north on Kickapoo Avenue, minding the speed limit, probably humming along to a classic rock station or thinking about dinner. He lived at 1211 Mark Street—nothing flashy, just a regular guy doing regular things. Then there’s Ryleigh Hernandez, the woman allegedly behind the wheel of the car that turned James’s ordinary Tuesday into a medical odyssey. She lives just a few miles away on Granada Drive, also in Shawnee. Two neighbors, two drivers, one fateful moment on August 8, 2024—when the universe, or at least traffic flow, decided to take a hard left.

Here’s how it allegedly went down: James was in the inside lane, cruising north on Kickapoo, when—bam. Out of nowhere, Ryleigh Hernandez plowed into the back of his vehicle. No warning. No braking. Just a “significant impact,” according to the petition, strong enough to leave James injured and his car sidelined. Now, rear-end collisions are the common cold of car accidents—annoying, frequent, usually not catastrophic. But this one? This one, James claims, was different. This wasn’t just a dent. This was damage—physical, emotional, financial. The kind that sends you to doctors, physical therapists, maybe even specialists you didn’t know existed before the crash.

And here’s where the story gets spicy. James isn’t just saying, “Hey, she hit me, fix my car.” Oh no. He’s laying out a full negligence buffet. His attorney, Andrew F. Abraham (who, side note, works at the Daspit Law Firm and sounds like a character from a legal drama), claims Ryleigh wasn’t just careless—she was textbook negligent. The petition lists a whole menu of driving sins: failing to pay attention, failing to keep a proper lookout, failing to control her speed, failing to brake in time—basically, failing driver’s ed 101. And get this: they’re not just accusing her of being distracted. They’re saying she violated Oklahoma law in the process, which, legally speaking, is like getting a gold star in negligence—called negligence per se, which means breaking a traffic law automatically counts as careless behavior. So if she was speeding, or texting, or watching TikTok while driving (okay, maybe not TikTok, but you get the idea), that’s not just rude—it’s legally on the record as proof she messed up.

Now, let’s talk about what James says he’s lost. Because this isn’t just about a sore neck. He’s claiming damages for past and future medical bills, pain and suffering, mental anguish (imagine the anxiety every time you hear brakes squeal), physical impairment (maybe he can’t lift things like he used to, or his back gives out on grocery day), disfigurement (though the filing doesn’t specify what that looks like), lost wages (time off work adds up), and even loss of use of his vehicle. That last one? That’s the civil court equivalent of “I couldn’t Uber Eats for two weeks and I had to cook.” It’s petty, but also… valid? If your car’s in the shop and you’re stuck borrowing your cousin’s minivan with the sticky cup holders, you deserve something.

And what does James want? A cool quarter of a million dollars. $250,000. Is that a lot? Well, for a rear-end collision in Pottawatomie County, sure—it’s not your average fender-bender settlement. Most minor crashes settle for a few thousand, maybe five to ten grand if there’s soft tissue damage. But $250K? That’s “I may never work as a lumberjack again” territory. That’s “my spine is basically held together by hope and titanium” territory. This demand suggests James isn’t just claiming a sprained something-or-other—he’s claiming life-altering injuries. And while the court filing doesn’t give us X-rays or doctor’s notes (yet), the sheer scope of the damages listed tells us this is being treated like a serious, long-term issue. Whether it is that serious? That’s what discovery, depositions, and possibly a trial will determine. But right now, James’s team is swinging for the fences.

Now, here’s our take: the most absurd thing about this case isn’t the lawsuit itself. It’s how ordinary it all sounds—until it isn’t. Two people, driving down a street in small-town Oklahoma, and in one unguarded moment, one of them allegedly zones out, doesn’t brake, and changes the other person’s life. That’s the terrifying thing about negligence. It doesn’t require malice. It doesn’t require a villain. Just a split second of not paying attention—checking a text, adjusting the radio, thinking about your kid’s soccer game—and boom. Lawsuit. Medical bills. Years of pain. Ryleigh Hernandez might be a perfectly nice person. She might volunteer at the library. She might bake cookies for her neighbors. But if she was distracted, if she did fail to brake, then the law says she’s on the hook. And that’s the wild part: justice in civil court isn’t about evil. It’s about responsibility. It’s about who pays when life goes sideways because someone wasn’t fully present.

Are we rooting for James? Sure, if the injuries are real and the negligence is proven. Nobody should suffer long-term consequences because someone else was too busy living their life to drive safely. But are we also low-key rooting for a world where we all just put the phone down? Absolutely. Because if this case teaches us anything, it’s that the cost of a moment’s distraction isn’t just a dent in a bumper—it could be a quarter of a million dollars, a lifetime of pain, and a court filing that turns a Tuesday afternoon into a legal saga.

So next time you’re behind the wheel and that text buzzes in… remember James Talton. And maybe just wait until you’re parked.

Case Overview

$250,000 Demand Petition
Jurisdiction
District Court, Oklahoma
Relief Sought
$250,000 Monetary
Plaintiffs
Defendants
Claims
# Cause of Action Description
1 Negligence Plaintiff was rear-ended by Defendant and suffered personal injuries.

Petition Text

493 words
IN THE DISTRICT COURT OF POTTAWATOMIE COUNTY STATE OF OKLAHOMA JAMES TALTON, Plaintiff, RYLEIGH HERNANDEZ, Defendant, Case No.: 25-90 Judge PETITION COMES NOW, Plaintiff, James Talton (hereinafter, "Plaintiff"), for their cause of action against Defendant, Ryleigh Hernandez (hereinafter, "Defendant") and would respectfully show the Court that: 1. Plaintiff was an individual residing in Pottawatomie County, Oklahoma at 1211 Mark St. Shawnee, OK 74801 at the time of the collision. 2. Upon information and belief, Defendant was an individual residing in Pottawatomie County, Oklahoma. Defendant can be served at her place of residence at 17 Granada Dr. Shawnee, OK 74804, or wherever found. 3. This lawsuit is necessary as a result of the personal injuries Plaintiff suffered on or about August 08, 2024. At that time Plaintiff was traveling northbound on Kickapoo Ave in Shawnee, Oklahoma, in the inside lane. 4. Defendant was driving northbound Kickapoo Ave in Shawnee, Oklahoma, in the inside lane when she struck Plaintiff in the rear with her vehicle. 5. The significant impact from the collision caused injuries and damages to Plaintiff that are described below. 6. At all times Plaintiff was acting in a safe and prudent manner. CAUSE OF ACTION – NEGLIGENCE 7. Defendant, Ryleigh Hernandez, aforementioned conduct constitutes negligence and/or negligence per se for one or more of the following but not limited to: a. Choosing not to devote her full time and attention to driving; b. Choosing not to keep a proper lookout consistent with the safety of others; c. Choosing not to act as a reasonably safe driver would do under the same or similar circumstances; d. Choosing not to maintain control of vehicle’s speed; e. Choosing not to properly control the vehicle; f. Choosing not to apply the vehicles breaks in a timely manner; g. Choosing to violate Oklahoma law relating to the safe operations of a vehicle, which is negligence per se; and h. There may be other claims discovered through discovery and depositions. DAMAGES SUSTAINED BY PLAINTIFF 8. As a direct and proximate result of the negligence of, Defendant, Ryleigh Hernandez, Plaintiff, James Talton, sustained damages recognizable by law. 9. By virtue of the actions and conduct of the Defendant set forth above, Plaintiff is seriously injured and is entitled to recover the following damages; a. Past and future medical expenses; b. Past and future pain, suffering and mental anguish; c. Past and future physical impairment; d. Past and future physical disfigurement; e. Past and future wages; f. Loss of use of vehicle; and g. Other damages yet to be determined. WHEREFORE, Plaintiff prays for judgment against Defendant as set forth above with monetary relief of no more than $250,000.00, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney’s fees and judgment for all other relief to which Plaintiff is justly entitled that this Court deems just and proper. Respectfully submitted, DASPIT LAW FIRM, PLLC [hand signed] Andrew F. Abraham, OBA #34941 1601 NW Expressway Suite 1710 Oklahoma City, OK 73118 Telephone: (405) 649-7909 Ext. 6022 Facsimile: (713) 587-9086 Email: [email protected] ATTORNEY FOR PLAINTIFF ATTORNEYS’ LIEN CLAIMED
Disclaimer: This content is sourced from publicly available court records. Crazy Civil Court is an entertainment platform and does not provide legal advice. We are not lawyers. All information is presented as-is from public filings.