Gwynn Ridge v. Nicholas Garcia

IN AND FOR THE DISTRICT COURT OF KAY COUNTY STATE OF OKLAHOMA GWYNN RIDGE, Plaintiff, vs. NICHOLAS GARCIA, an individual, and LIFTWERX USA INC., Defendants. MARILEE THORNTON, Court Clerk BY DEPUTY Case No. CJ-2026-31 ATTORNEY LIEN CLAIMED BY: Kenneth N. Jean JURY TRIAL DEMANDED PETITION COMES NOW the Plaintiff Gwynn Ridge, and for her cause of action against the above-named Defendants, alleges and states as follows: 1. That on or about March 3, 2024, Plaintiff Gwynn Ridge was legally operating her automobile southbound in the outside lane, in the 100 block of South 14th Street, proceeding through the intersection at East Central Avenue in Ponca City, Kay County, Oklahoma. 2. Defendant Garcia was traveling northbound on 14th Street, attempting to make a left turn to travel westbound on East Central Avenue. 3. Defendant Garcia was negligent when he failed to yield the right of way to the Ridge vehicle, turning in front of her, causing a collision at the intersection of 14th Street and East Central Avenue. 4. Defendant Garcia was further negligent per se in violating § 47 O.S. 11-901b, as he failed to devote full time and attention to his driving. 5. At all times, Defendant Garcia was under the employment of Defendant Liftwerx USA, Inc. 6. Defendant Garcia was in the course and scope of his duties for Defendant Liftwerx USA, Inc., and as such Defendant Liftwerx USA Inc. is responsible for Defendant Garcia’s negligent acts under repondeat superior. 7. As a result of the negligence of Defendant Garcia and Defendant Liftwerx USA Inc., Plaintiff Ridge has suffered losses with regard to property damage which have not been paid by Defendant’s. As such, pursuant to Oklahoma law she would be entitled to attorney fees 8. That as a result of the negligence of Defendant Garcia and Defendant Liftwerx USA Inc., Plaintiff Ridge suffered bodily injuries, suffered pain of body and mind, was unable to conduct her business, and incurred expenses for medical attention for said injuries. WHEREFORE, premises considered, Plaintiff seeks judgment against both Defendants in an amount in excess of the amount required for diversity jurisdiction, pursuant to §1332 of Title 28 of the United States Code, plus attorney fees, court costs, prejudgment interest, postjudgment interest, and all other damages deemed just and reasonable. [hand signed] Kenneth N. Jean OBA# 15094 MARTIN, JEAN, JACKSON MARTIN & PEACH Attorneys for Plaintiff P.O. Box 2403 Ponca City, OK 74602 (580) 765-9967 Telephone (580) 765-5433 Facsimile [email protected]