IN THE DISTRICT COURT OF OKLAHOMA COUNTY
STATE OF OKLAHOMA FILED IN DISTRICT COURT
OKLAHOMA COUNTY
JAYDEN CHAVEZ, individually,
KIM EDWARDS, as Parent and Next
Friend of C.E., a Minor,
Plaintiff,
v.
JEREMIAH ZEBULON MARVEL, SR., individually;
C LOUNGE ENTERPRISES, LLC d/b/a CORNER LOUNGE, a domestic company;
TWISTED D'S BAR, LLC, a domestic company;
AMBER HENRY, individually;
HANK HENRY, individually;
CHELSEA HENRY, individually;
ERIC L. BOLES, individually,
Defendants.
PETITION
COMES NOW Plaintiffs, Jayden Chavez and Kim Edwards as Parent and Next Friend of C.E., a Minor, ("Plaintiffs"), and for their cause of action against Defendants Jeremiah Zebulon Marvel, Sr., individually; C Lounge Enterprises, LLC, d/b/a Corner Lounge, a business entity; Twisted D's.Bar, a business entity; Amber Henry, individually; Hank Henry, individually; Chelsea Henry, individually; and Eric L. Boles, individually; alleges and states as follows:
PARTIES AND JURISDICTION
1. Plaintiff Jayden Chavez (hereinafter "Ms. Chavez") is a citizen of Oklahoma and residents of Woodward County.
2. Plaintiff C.E, a minor, is a citizen of Oklahoma and a resident of Woodward County.
3. Defendant, Amber Joe Henry, is a citizen of Oklahoma and a resident of Woodward County, Oklahoma.
3. That Defendant Jeremiah Zebulon Marvel, Sr. (hereinafter also referred to as “Defendant Marvel”) is, and was at all relevant times, a citizen and resident of Woodward County, State of Oklahoma.
4. That Defendant C Lounge Enterprises, d/b/a Corner Lounge (hereinafter also referred to as “Defendant Corner Lounge”) is a business entity conducting business in the State of Oklahoma, with its principal places of business located in Woodward County, State of Oklahoma, and that can be served with process through its registered service agent in Woodward County, State of Oklahoma.
5. That Defendant Twisted D's Bar, LLC (hereinafter also referred to as “Defendant Twisted D's) is a business entity conducting business in the State of Oklahoma, with its principal places of business located in Woodward County, State of Oklahoma, and that can be served with process through its registered service agent in Woodward County, State of Oklahoma.
6. That Defendant Amber Henry (hereinafter also referred to as “Defendant A. Henry”), is, and was at all relevant times, a citizen and resident of Woodward County, State of Oklahoma.
7. That Defendant Hank Henry (hereinafter also referred to as “Defendant H. Henry”), is a citizens and residents of Woodward County, State of Oklahoma.
8. That Defendant Chelsea Henry (hereinafter also referred to as “Defendant C. Henry”), is, and was at all relevant times, a citizen and resident of Woodward County, State of Oklahoma.
9. That Defendant Eric L. Boles (hereinafter also referred to as “Defendant Boles”)
is, and was at all relevant times, a citizen and resident of Woodward County, State of Oklahoma.
10. That the incident resulting in the filing of this case occurred on March 23, 2024, when Defendant Marvel crashed a 2005 Nissan Armada into a 2014 Dodge Charger being operated by Decedent Eduardo Mychael Eugene Torres on County Road NS 202 in Woodward County, State of Oklahoma (hereinafter also referred to as the "subject collision").
11. Ms. Chavez and C.E. were passengers in the vehicle being operated by Decedent Eduardo Mychael Eugene Torres.
12. That Plaintiff alleges injuries and damages in an amount in excess of One Hundred Thousand Dollars ($100,000.00) exclusive of costs and interest.
13. Therefore, this Court has jurisdiction and venue over these causes of action and the parties herein.
CAUSES OF ACTION - NEGLIGENCE
Plaintiffs v. Defendant Jeremiah Zebulon Marvel, Sr.
COMES NOW the Plaintiff and for its Cause of Action against Defendant Jeremiah Zebulon Marvel, Sr., reasserts and realleges, in toto, and adopts by material reference, the allegations contained above, and further alleges and states as follows:
14. That on March 23, 2024, Mychael Torres ("Decedent Torres") was operating a 2014 Dodge Charger on County Road NS 202 near milepost EW 44 in Woodward County, State of Oklahoma.
15. That on March 23, 2024, Ms. Chavez and C.E. were passengers in the vehicle being operated by Decedent Eduardo Mychael Eugene Torres.
17. That on March 23, 2024, Defendant Marvel was operating a 2005 Nissan Armada southbound on County Road NS 202 at a high rate of speed in Woodward County, State of Oklahoma.
18. That on March 23, 2024, Defendant Marvel was operating the 2005 Nissan Armada while under the influence of alcohol with a blood alcohol concentration of .21, which is more than twice the legal limit in the State of Oklahoma.
19. That on March 23, 2024, Defendant Marvel was operating the subject 2005 Nissan Armada while his driver's license was in a revoked and/or suspended status, and he had no valid driver's license to operate a motor vehicle in the State of Oklahoma.
20. That on March 23, 2024, Defendant Marvel was operating the subject 2005 Nissan Armada at an excessive speed.
21. That on March 23, 2024, Defendant Marvel negligently and/or recklessly and/or as an act of gross negligence failed to devote proper care and attention to the roadway as he was traveling southbound on County Road NS 202 in Woodward County, State of Oklahoma.
22. That on March 23, 2024, Defendant Marvel negligently and/or recklessly and/or as an act of gross negligence collided into the 2014 Dodge Charger being operated by Decedent Torres in which Ms. Chavez and C.E. were passengers.
22. That on March 23, 2024, Defendant Marvel negligently and/or recklessly failed to utilize any braking mechanism(s) before striking Decedent Torres's vehicle, and no evidence of braking or skid marks from Defendant Marvel's vehicle was found at the scene of the subject collision.
23. That on March 23, 2024, Defendant Marvel caused a forceful collision with Decedent Torres's vehicle on County Road NS 202 in Woodward County, State of Oklahoma.
24. That as a direct result of the subject collision, Decedent Torres's vehicle departed the roadway and came to rest in the west ditch approximately 73 feet south of the point of impact.
25. That Decedent Torres received medical attention at the scene of the subject collision and was transported by Air Evac to OU Medical Center, but the injuries he sustained as a result of the negligent and/or reckless and/or grossly negligent conduct of Defendant Marvel proved fatal, and Eduardo Mychael Eugene Torres died as a result of his injuries.
26. That Ms. Chavez received medical attention at the scene of the subject collision where she was treated with rapid sequence intubation due to potential respiratory collapse, and was placed on lumbosacral support and a cervical collar.
27. That the EMS crew called Air Evac as Ms. Chavez’s condition was time sensitive and required critical care, ultimately, Ms. Chavez was transported by Air Evac to OU Medical where she was treated for life threatening injuries.
28. That Ms. Chavez remained admitted to OU Medical for approximately seven days following the subject collision.
29. That Ms. Chavez ultimately underwent mandibular fixation surgery at OU Medical Center as a result of the subject collision.
30. That C.E. was evaluated by Woodward County Emergency Medical Service ambulance on scene, and transported to Integris Health Woodward.
31. That Plaintiffs, additionally alleges liability for the subject collision and resulting injuries and damages on the part of Defendant Marvel, individually, on the grounds and/or for the reasons that the subject collision and resulting injuries and damages to Plaintiffs were caused by the following acts and/or omissions of Defendant Marvel:
a. Failure to maintain a proper lookout;
b. Failure to maintain proper control of his vehicle;
c. Failure to apply his brakes or take evasive action to avoid the collision;
d. Operating a motor vehicle while under the influence of alcohol with a blood alcohol concentration of .21;
e. Operating a motor vehicle while under the influence of marijuana;
f. Operating a motor vehicle without a valid driver's license;
g. Operating a motor vehicle at an excessive speed; and
h. Failure to devote proper attention to the operation of his motor vehicle.
27. That the acts and/or omissions and/or conduct of Defendant Marvel as alleged herein constitute negligence per se in that such acts violated the following statutes of the State of Oklahoma: driving under the influence of alcohol and/or drugs in violation of Title 47 O.S. § 11-902; driving while license revoked or suspended in violation of Title 47 O.S. § 6-303; and operating a motor vehicle at an excessive rate of speed in violation of Title 47 O.S. § 11-801.
28. That as a direct and proximate result of the acts and/or omissions and/or conduct of Defendant Marvel, Plaintiffs suffered severe and permanent injuries and seek all damages to which they are entitled under Oklahoma Uniform Jury Instruction 4.1.
29. That the acts and/or omissions and/or conduct of Defendant Marvel, Sr. as alleged herein were reckless, wanton, and/or grossly negligent in that Defendant Marvel consciously and intentionally operated a motor vehicle while severely intoxicated with a blood alcohol concentration of .21 and while under the influence of marijuana, without a valid driver's license, and at an excessive rate of speed, thereby demonstrating a conscious disregard for the rights and safety of others, which conduct justifies an award of exemplary and/or punitive damages in an amount in excess of One Hundred Thousand Dollars ($100,000.00).
WHEREFORE the Plaintiff prays and demands judgment against Defendant Marvel in an amount in excess of One Hundred Thousand Dollars ($100,000.00), by way of all legally recognized damages exclusive of costs and interest, together with the awarding lawful costs and interest, together with any and all further relief justified in the premises.
CAUSES OF ACTION – NEGLIGENCE AND NEGLIGENT ENTRUSTMENT
Plaintiff v. Amber Henry
COMES NOW the Plaintiff for its Cause of Action against Defendant Amber Henry, reasserts and realleges, in toto, and adopts by material reference, the allegations contained above, and further alleges and states as follows:
30. That Defendant Amber Henry was at all relevant times the owner of the 2005 Nissan Armada, VIN 5N1AA08A15N711548, that Defendant Jeremiah Zebulon Marvel, Sr. was operating at the time of the subject collision.
31. That on March 23, 2024, Defendant Amber Henry entrusted the 2005 Nissan Armada to Defendant Marvel.
32. That on and/or before March 23, 2024, Defendant A. Henry knew or should have known the dangers posed by motor vehicles on public roadways when said motor vehicles are operated in a negligent and/or reckless and/or grossly negligent manner and/or while impaired by alcohol and/or drugs.
33. That on and/or before March 23, 2024, Defendant Amber Henry knew or should have known of Defendant Marvel’s propensity to use impairing and/or intoxicating substances, including alcohol and marijuana.
34. That on and/or before March 23, 2024, Defendant Amber Henry knew or should have known that Defendant Marvel’s driver's license was in a revoked and/or suspended status.
35. That on and/or before March 23, 2024, Defendant Amber Henry knew or should have
known of the driving violations and/or history of Defendant Marvel that demonstrated that Defendant Marvel was unfit to operate a motor vehicle on public roadways.
36. That with knowledge (implied, constructive, and/or actual) that Defendant Marvel should not operate a motor vehicle on the public roadways, Defendant Amber Henry negligently entrusted the 2005 Nissan Armada to Defendant Marvel prior to and, specifically, on the date of the subject collision.
37. That Defendant Amber Henry is liable for the injuries and damages suffered by Plaintiffs by one or more of the following negligent acts and/or omissions:
a. Failure to ensure that Defendant Marvel had a valid driver's license before entrusting the 2005 Nissan Armada to him;
b. Failure to prevent Defendant Marvel from driving while intoxicated and/or impaired by alcohol and/or marijuana;
c. Failure to properly supervise the use of her vehicle;
d. Permitting the use of the 2005 Nissan Armada despite knowledge of Defendant Marvel's substance abuse; and
e. Permitting the use of the 2005 Nissan Armada despite knowledge of Defendant Marvel's driving record and revoked and/or suspended license status.
38. That pursuant to Fox v. Mize, 2018 OK 74, ¶9, 428 P.3d 314 and Sheffer v. Carolina Forge Company, LLC., 2013 OK 48, ¶17, 306 P.3d 544, 550, negligent entrustment is direct liability for supplying a chattel to another whom the supplier knows or should know is likely to use it in a manner involving unreasonable risk of physical harm to others.
39. That the liability of Defendant Amber Henry for negligent entrustment is direct liability
and is not based upon the principle of vicarious liability.
41. That as a direct and proximate result of the acts and/or omissions and/or conduct of Defendant Amber Henry, Plaintiffs suffered severe and permanent injuries.
42. That the acts and/or omissions and/or conduct of Defendant Amber Henry as alleged herein were reckless, wanton, and/or grossly negligent in that Defendant Amber Henry entrusted the 2005 Nissan Armada to Defendant Marvel despite knowledge that his driver's license was revoked and/or suspended and despite knowledge of his propensity to use impairing and/or intoxicating substances, thereby demonstrating a conscious disregard for the rights and safety of others, which conduct justifies an award of exemplary and/or punitive damages in an amount in excess of One Hundred Thousand Dollars ($100,000.00).
WHEREFORE the Plaintiff prays and demands judgment against Defendant Henry in an amount in excess of One Hundred Thousand Dollars ($100,000.00), by way of all legally recognized damages exclusive of costs and interest, together with the awarding lawful costs and interest, together with any and all further relief justified in the premises.
CAUSES OF ACTION – NEGLIGENCE / DRAM SHOP
Plaintiff v. Defendant Corner Lounge, Twisted D's Bar, Amber Henry, Hank Henry, Chelsea Henry, and Eric L. Boles
COMES NOW the Plaintiff and for its Cause of Action against Defendants Corner Lounge, Twisted D's Bar, Amber Henry, Hank Henry, Chelsea Henry, and Eric L. Boles, reasserts and realleges, in toto, and adopts by material reference, the allegations contained above, and further alleges and states as follows:
42. That Defendants Corner Lounge and Twisted D's Bar are and were at all relevant times commercial establishments licensed to sell alcoholic beverages for on-premises
consumption in the State of Oklahoma.
43. That Defendant Amber Henry owned and/or operated the Corner Lounge at all relevant times.
44. That Defendant Hank Henry owned and/or operated the Corner Lounge at all relevant times.
45. That Defendant Chelsea Henry owned and/or operated the Corner Lounge at all relevant times.
46. That Defendant Eric L. Boles owned and/or operated the Corner Lounge at all relevant times.
47. That on March 23, 2024, Defendant Marvel was present at the Corner Lounge for many hours while consuming alcoholic beverages.
48. That on March 23, 2024, Defendant Corner Lounge, by and through its employees/agents, sold, furnished, and/or provided alcoholic beverages to Defendant Marvel to such an extent that Defendant Marvel became noticeably intoxicated.
49. That on March 23, 2024, Defendant Twisted D's Bar sold, furnished, and/or provided alcoholic beverages to Defendant Marvel to such an extent that Defendant Marvel became noticeably intoxicated.
50. That at the time Defendants Corner Lounge, continued to sell, furnish, and/or provide alcoholic beverages to Defendant Marvel after such a time that Defendant Marvel had become noticeably intoxicated.
51. That at the time Defendants Twisted D’s, continued to sell, furnish, and/or provide alcoholic beverages to Defendant Marvel after such a time that Defendant Marvel had become noticeably intoxicated.
52. That Defendants Corner Lounge knew or should have known that Defendant Marvel was noticeably intoxicated at the time alcoholic beverages were sold, furnished, and/or provided to him.
53. That video footage from Defendant Corner Lounge on the date of the subject incident shows that Defendant Marvel is noticeably intoxicated.
54. That Defendant A. Henry, as the owner of Defendant Corner Lounge, allowed Defendant Marvel, while noticeably intoxicated, to not only leave the Corner Lounge, but to drive Defendant A. Henry’s vehicle.
55. That Defendants Twisted D’s knew or should have known that Defendant Marvel was noticeably intoxicated at the time alcoholic beverages were sold, furnished, and/or provided to him.
56. That Defendant Corner Lounge, by and through its owners and/or operators and/or managers failed to hire proper/qualified employees/staff and/or failed to provide proper training and/or education to its employees/staff to ensure that Corner Lounge would not serve intoxicating beverages to a noticeably intoxicated patron.
57. That Defendant Twisted D’s, by and through its owners and/or operators and/or managers failed to hire proper/qualified employees/staff and/or failed to provide proper training and/or education to its employees/staff to ensure that Corner Lounge would not serve intoxicating beverages to a noticeably intoxicated patron.
58. That the said sale, furnishing, and/or provision of alcoholic beverages to Defendant Marvel when he was noticeably intoxicated violated Oklahoma law, specifically 37 O.S. § 537, which prohibits the sale, delivery, or knowing furnishing of alcoholic beverages to an intoxicated person.
59. That pursuant to Brigance v. Velvet Dove Restaurant, Inc., 1986 OK 47, 725 P.2d 300, a commercial vendor for on-premises consumption is under a duty, imposed both by statute and common law principles, to exercise reasonable care not to sell liquor to a noticeably intoxicated person who may subsequently injure a third party.
60. That Defendants Corner Lounge breached their duty to exercise reasonable care by selling, furnishing, and/or providing alcoholic beverages to Defendant Marvel when he was noticeably intoxicated.
61. That Defendant Twisted D's Bar breached their duty to exercise reasonable care by selling, furnishing, and/or providing alcoholic beverages to Defendant Marvel when he was noticeably intoxicated.
62. That the illegal sale, furnishing, and/or provision of alcoholic beverages to Defendant Marvel by Defendants Corner Lounge, created an unreasonable risk of harm to others, including Plaintiffs.
63. That the illegal sale, furnishing, and/or provision of alcoholic beverages to Defendant Marvel by Defendants Twisted D’s, created an unreasonable risk of harm to others, including Plaintiffs.
64. That the illegal sale, furnishing, and/or provision of alcoholic beverages to Defendant Marvel led to his impairment and his blood alcohol concentration of .21 at the time of the subject collision.
65. That Defendant Marvel’s impairment proximately caused his negligent operation of the 2005 Nissan Armada, which resulted in the subject collision and the injury of Plaintiffs.
66. That the subject collision and resulting injury to Plaintiffs was reasonably foreseeable consequences of Defendant Corner Lounge’s selling, furnishing, and/or providing alcohol
to Defendant Marvel when he was noticeably intoxicated.
67. That the subject collision and resulting injury to Plaintiffs was reasonably foreseeable consequences of Defendant Twisted D’s selling, furnishing, and/or providing alcohol to Defendant Marvel when he was noticeably intoxicated.
68. That as a direct and proximate result of the acts and/or omissions and/or conduct of Defendant Corner Lounge, Plaintiffs suffered severe and permanent injuries.
69. That as a direct and proximate result of the acts and/or omissions and/or conduct of Defendant Twisted D’s, Plaintiffs suffered severe and permanent injuries r
70. That the acts and/or omissions and/or conduct of Defendant Corner Lounge (and/or its owners/operators) and/or Twisted D’s as alleged herein were reckless, wanton, and/or grossly negligent in furnishing alcohol to a noticeably intoxicated person, thereby demonstrating a conscious disregard for the rights and safety of others, which conduct justifies an award of exemplary and/or punitive damages in an amount in excess of One Hundred Thousand Dollars ($100,000.00) as against Defendant Corner Lounge (and/or its owners/operators) and/or Twisted D’s.
WHEREFORE, Plaintiff prays for judgment against Defendants Corner Lounge, Twisted D's Bar, Amber Henry, Hank Henry, Chelsea Henry, and Eric L. Boles in an amount in excess of One Hundred Thousand Dollars ($100,000.00), by way of all legally recognized damages exclusive of costs and interest, together with the awarding lawful costs and interest, together with any and all further relief justified in the premises.
Respectfully Submitted,
Kayla R. Petsch, OBA #33039
PARRISH DEVAUGHN, PLLC
3601 N. Classen Boulevard
Oklahoma City, OK 73118
405-444-4444
405-232-0058 (f)
[email protected]
Attorney for Plaintiff
ATTORNEY'S LIEN CLAIMED
JURY TRIAL DEMANDED
