IN THE DISTRICT COURT OF OKLAHOMA COUNTY
STATE OF OKLAHOMA
SHARON LINN McKINSEY, an individual, and
MORGHAN LANCE McKINSEY an individual,
Plaintiffs,
v.
JOHN DOE DRIVER, an individual, and
3R TRUCKING LLC, an Oklahoma limited liability company,
Defendants.
Case No. CJ-2026-_____
Judge: ________________
FILED IN DISTRICT COURT
OKLAHOMA COUNTY
MAR - 6 2026
RICK WARREN
COURT CLERK
42
PETITION
COMES NOW the Plaintiffs, SHARON LINN McKINSEY and MORGHAN LANCE McKINSEY (collectively “Plaintiffs”), for their causes of action against Defendants JOHN DOE DRIVER (“John Doe” or “Defendant Driver”) and 3R TRUCKING LLC (“3R Trucking” or “Defendant Carrier”), and allege and state as follows:
PARTIES, JURISDICTION AND VENUE
1. Plaintiff Sharon Linn McKinsey is an adult individual and resident of Canadian County, Oklahoma, residing at 908 Sennybridge Drive, Yukon, Oklahoma 73099.
2. Plaintiff Morghan Lance McKinsey is an adult individual and resident of Canadian County, Oklahoma, residing at 908 Sennybridge Drive, Yukon, Oklahoma 73099.
3. Defendant John Doe Driver is an individual whose true identity is presently unknown to Plaintiffs. Upon information and belief, Defendant Driver was, at all relevant times, an employee, agent, and/or servant of Defendant 3R Trucking LLC, operating its commercial motor vehicle with 3R Trucking’s knowledge, permission, and consent. Plaintiffs will amend this Petition to substitute the true name of Defendant Driver once his identity is determined through discovery.
4. Defendant 3R Trucking LLC is an Oklahoma limited liability company with its principal place of business at 11300 SW 41st Terrace, Mustang, Oklahoma 73064, and may be served through its registered agent or principal officer at 11300 SW 41st Terrace, Mustang, Oklahoma 73064, or wherever service may be obtained.
5. This action arises out of a motor vehicle collision that occurred on December 10, 2025, on the Interstate 40 Eastbound on-ramp at or near Council Road, in Oklahoma City, Oklahoma County, Oklahoma.
6. Venue and jurisdiction are proper in Oklahoma County pursuant to 12 O.S. § 141, because the collision and resulting damages occurred in Oklahoma County, Oklahoma.
7. At all relevant times, Defendant Driver was acting within the course and scope of his employment and/or agency for Defendant 3R Trucking, and was operating the subject commercial motor vehicle with the knowledge, permission, and consent of 3R Trucking, and for its benefit. Defendant 3R Trucking is therefore vicariously liable for the acts and omissions of Defendant Driver under the doctrine of respondeat superior.
FACTUAL BACKGROUND
8. On December 10, 2025, at approximately 4:43 a.m., Plaintiff Sharon Linn McKinsey was lawfully operating her 2025 Hyundai Palisade eastbound in the left lane of the Interstate 40 Eastbound on-ramp from Council Road in Oklahoma City, Oklahoma County, Oklahoma. Plaintiff Morghan Lance McKinsey was also present in the vehicle.
9. At the same time and place, Defendant Driver was operating a white International commercial truck with a gravel bed trailer, owned and operated by Defendant 3R Trucking LLC, eastbound in the right lane of the same on-ramp.
10. At the location of the collision, the right lane of the on-ramp was posted with a lane usage sign requiring vehicles in the right lane to merge left. Defendant Driver, in violation of this mandatory traffic control device and applicable lane-change statutes, failed to safely merge and instead made an unsafe lane change to the left, directly into the lane occupied by Plaintiff’s vehicle.
11. Defendant Driver’s unsafe lane change caused his commercial truck’s driver-side panel to strike the passenger-side panel of Plaintiff’s vehicle with sufficient force to constitute a sideswipe collision, displacing Plaintiff’s vehicle and causing Plaintiffs to fear for their safety and sustain injury.
12. Rather than stopping to render aid, exchange information, or fulfill the legal obligations imposed on drivers involved in a collision, Defendant Driver fled the scene without stopping, in direct violation of Oklahoma’s hit-and-run statutes. Plaintiff Sharon McKinsey was unable to get the driver to pull over despite his awareness of the collision.
13. The Oklahoma Highway Patrol investigated the collision and identified the Contributing Factor for Unit 1 (Defendant’s vehicle) as “Improper Turn – Changed Lanes Unsafely,” confirming that the collision was caused by Defendant Driver’s negligent and unlawful lane change.
14. At all relevant times, Plaintiff Sharon McKinsey was operating her vehicle lawfully, in the proper lane, and did not contribute to the cause of the collision.
15. As a direct and proximate result of Defendants’ negligence and wrongful conduct, Plaintiffs sustained bodily injury, pain and suffering, property damage, and other damages recoverable under Oklahoma law.
CLAIMS FOR RELIEF
COUNT I: NEGLIGENCE – DEFENDANT JOHN DOE DRIVER
16. Plaintiffs incorporate by reference the allegations of the preceding paragraphs as if fully set forth herein.
17. At all relevant times, Defendant Driver owed Plaintiffs and other motorists a duty to operate his commercial motor vehicle in a careful and prudent manner, consistent with the obligations of a professional commercial driver, including the duties to:
a. Operate his vehicle at a safe speed appropriate for traffic and road conditions;
b. Maintain his vehicle entirely within a single lane of travel unless a lane change could be made safely;
c. Obey posted traffic control devices, including mandatory lane usage signs;
d. Keep a proper lookout and devote full attention to the operation of his vehicle;
e. Keep his vehicle under proper control at all times;
f. Ensure that any lane change could be made safely before initiating such movement;
and
g. Remain at the scene of a collision and comply with all duties imposed by law.
18. Defendant Driver breached these duties of care, including but not limited to the following acts and omissions:
a. Making an unsafe lane change from the right lane to the left lane of the I-40 Eastbound on-ramp directly into the path of Plaintiff's vehicle;
b. Failing to observe or heed the posted lane usage sign requiring vehicles in the right lane to merge into the left lane in a safe and controlled manner;
c. Failing to ensure that a lane change could be made safely before initiating the movement;
d. Failing to keep a proper lookout and to perceive Plaintiff's vehicle, which was lawfully traveling in the left lane of the on-ramp;
e. Striking the passenger-side panel of Plaintiff's vehicle with the driver-side panel of Defendant's commercial truck; and
f. Leaving the scene of the collision without stopping, rendering aid, or exchanging required information, in violation of Oklahoma law.
19. As a direct and proximate result of Defendant Driver's negligence, Plaintiffs 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 Plaintiffs' vehicle, including loss of use and diminution in value; and other damages recoverable under Oklahoma law.
COUNT II: NEGLIGENCE PER SE – DEFENDANT JOHN DOE DRIVER
20. Plaintiffs incorporate by reference the allegations of the preceding paragraphs as if fully set forth herein.
21. At the time and place of the collision, Defendant Driver violated one or more Oklahoma traffic-safety statutes 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. § 11-604(A) and (B), which provide that no person shall move right or left upon a roadway "unless and until such movement can be made with reasonable safety," and that no person shall make such a movement "without giving an appropriate signal" in the event any other traffic may be affected, with such signal required to be given "continuously during not less than the last one hundred (100) feet traveled by the vehicle before turning." Defendant Driver violated this statute by moving laterally from the right portion of the I-40 Eastbound on-ramp to the left without first ensuring that such movement could be made with reasonable safety, and without giving the required signal of his intention to do so, directly striking the passenger side of Plaintiffs' vehicle, which was lawfully occupying the left lane of the on-ramp;
b. 47 O.S. § 11-310(a) and (b), which provide that a driver shall not follow another vehicle more closely than is reasonable and prudent having due regard for the speed of such vehicles and the traffic upon and the condition of the highway, and further provide that the driver of any truck traveling upon a roadway shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter
and occupy such space without danger. Defendant Driver violated both provisions by operating his commercial truck on the I-40 Eastbound on-ramp without maintaining adequate spatial awareness of adjacent traffic, and specifically by failing to leave sufficient space in the left lane for vehicles already lawfully occupying or traveling in that lane — including Plaintiffs' vehicle — to do so without danger, thereby making Defendant's lateral movement into that lane not only unsafe but a direct violation of his statutory obligation as the operator of a commercial truck to yield that space to other traffic:
c. 47 O.S. § 10-102\( ^1 \) and/or 10-103\( ^2 \), which require the driver of a vehicle involved in a collision to immediately stop at the scene of the collision, remain at the scene,
\( ^1 \) 47 O.S. § 10-102 states as follows:
A. The driver of any vehicle involved in an accident resulting in a nonfatal injury to any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 10-104 of this title. Every such stop shall be made without obstructing traffic more than is necessary.
B. Any person willfully, maliciously, or feloniously failing to stop to avoid detection or prosecution or to comply with said requirements under such circumstances, shall upon conviction be guilty of a Class B5 felony offense punishable by imprisonment for not less than ten (10) days nor more than two (2) years, or by a fine of not less than Fifty Dollars ($50.00) nor more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
C. The Commissioner of Public Safety shall revoke the license or permit to drive and any nonresident operating privilege of the person so convicted.
\( ^2 \) 47 O.S. § 10-102 states as follows:
The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of Section 10-104 of this title. Every such stop shall be made without obstructing traffic more than is necessary. Any person failing to stop or comply with said requirements under such circumstances shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than one (1) year, or by both such fine and imprisonment. In addition to the criminal penalties imposed by this section, any person violating
and render all reasonably necessary assistance, and to provide his name, address, and insurance information to the other involved parties. Defendant Driver violated these statutes by leaving the scene of the collision without stopping, exchanging information, or complying with any of his legally required post-collision duties.
22. The foregoing statutes were enacted to promote roadway safety and to protect a class of persons that includes Plaintiffs as lawful motorists using Oklahoma roadways.
23. Defendant Driver’s violations of these statutes, without legal excuse, constitute negligence per se under Oklahoma law.
24. Defendant Driver’s statutory violations were a direct and proximate cause of the collision and Plaintiffs’ resulting injuries and damages.
COUNT III: RESPONDEAT SUPERIOR / VICARIOUS LIABILITY – AGAINST DEFENDANT 3R TRUCKING LLC
25. Plaintiffs incorporate by reference the allegations of the preceding paragraphs as if fully set forth herein.
26. At all relevant times, Defendant Driver was employed by and/or acting as an agent of Defendant 3R Trucking LLC, and was operating the subject commercial motor vehicle within the course and scope of his employment and/or agency with 3R Trucking, for 3R Trucking’s benefit, and with 3R Trucking’s knowledge, permission, and consent.
the provisions of this section shall be subject to liability for damages in an amount equal to three times the value of the damage caused by the accident. Said damages shall be recoverable in a civil action. Nothing in this section shall prevent a judge from ordering restitution for any damage caused by a driver involved in an accident provided for in this section.
27. Pursuant to the doctrine of respondeat superior, Defendant 3R Trucking LLC is vicariously liable for all negligent acts and omissions of Defendant Driver that occurred within the course and scope of his employment and/or agency relationship with 3R Trucking.
28. As a direct and proximate result of Defendant Driver’s negligence, for which 3R Trucking is vicariously liable, Plaintiffs have sustained the damages described herein.
COUNT IV: NEGLIGENCE AND NEGLIGENCE PER SE – FEDERAL MOTOR CARRIER SAFETY REGULATIONS – DEFENDANT 3R TRUCKING LLC
29. Plaintiff’s incorporate by reference the allegations of the preceding paragraphs as if fully set forth herein.
30. At all relevant times, Defendant 3R Trucking LLC was a motor carrier subject to the Federal Motor Carrier Safety Regulations (“FMCSR”), 49 C.F.R. Parts 390–399, as adopted under Oklahoma law pursuant to Oklahoma Administrative Code § 595:35-1-4.
31. The collision and Plaintiffs’ resulting injuries and damages were further proximately caused by the negligent conduct and statutory violations of Defendant 3R Trucking LLC, including but not limited to the following:
a. **49 C.F.R. § 396.7(a)**, which prohibits the operation of a motor vehicle in such a condition as to likely cause an accident or a breakdown of the vehicle;
b. **49 C.F.R. § 392.2**, which requires that every commercial motor vehicle be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated, and that where a Federal Motor Carrier Safety Administration regulation imposes a higher standard of care than applicable state law, the FMCSA regulation must be complied with;
c. 49 C.F.R. § 390.3(e), which requires that every employer be knowledgeable of and comply with all applicable regulations, that every driver be instructed regarding and comply with all applicable regulations, and that all motor vehicle equipment and accessories required by the regulations be maintained in compliance with all applicable performance and design criteria;
d. 49 C.F.R. § 391.11(a), which prohibits a motor carrier from requiring or permitting a person to drive a commercial motor vehicle unless that person is qualified to do so; and
e. 49 C.F.R. § 392.9, which prohibits a driver from operating a commercial motor vehicle in an unsafe condition and requires a driver to comply with applicable regulations regarding the safe operation of a commercial motor vehicle.
32. Additionally, upon information and belief, at the time of the collision, Defendant 3R Trucking LLC operated the subject commercial motor vehicle on Interstate 40, a federal interstate highway, while lacking the required operating authority for interstate for-hire commercial operations, in violation of applicable federal and state regulations. This operation without proper authority constitutes negligence per se and reflects a systemic disregard for federal commercial vehicle safety requirements.
33. Each of the foregoing acts and omissions, singularly or in combination, constituted negligence, negligence per se, and a direct and proximate cause of Plaintiffs’ damages.
COUNT V: NEGLIGENT HIRING, RETENTION, TRAINING, AND SUPERVISION – DEFENDANT 3R TRUCKING LLC
34. Plaintiffs incorporate by reference the allegations of the preceding paragraphs as if fully set forth herein.
35. Defendant 3R Trucking LLC owed a duty to the motoring public, including Plaintiffs, to use reasonable care in the hiring, training, supervision, monitoring, and retention of drivers operating commercial motor vehicles for its benefit.
36. Defendant 3R Trucking LLC knew or should have known that an employee who negligently operates a commercial semi-truck and trailer poses a significant risk of danger to others on public roadways.
37. Defendant 3R Trucking LLC breached its duties, including but not limited to the following:
a. Failing to properly screen and evaluate Defendant Driver’s fitness, qualifications, and driving history before permitting him to operate a commercial motor vehicle on public roadways;
b. Failing to ensure that Defendant Driver was properly trained in safe lane-change procedures, proper lookout, and the operation of a commercial motor vehicle in compliance with applicable traffic laws and the FMCSR;
c. Failing to implement and enforce adequate safety policies and protocols governing the safe operation of commercial vehicles;
d. Failing to monitor Defendant Driver’s driving behavior and compliance with applicable traffic laws and safety regulations;
e. Retaining Defendant Driver despite knowledge or constructive knowledge of his unsafe driving tendencies or inadequate qualifications; and
f. Failing to take corrective action that would have prevented the collision at issue.
38. Each of the foregoing acts and omissions, singularly or in combination, constituted negligent hiring, retention, training, and supervision, and was a direct and proximate cause of the collision and Plaintiffs’ resulting injuries and damages.
COUNT VI: NEGLIGENT ENTRUSTMENT– DEFENDANT 3R TRUCKING LLC
39. Plaintiffs incorporate by reference the allegations of the preceding paragraphs as if fully set forth herein.
40. Defendant 3R Trucking LLC owned, controlled, and entrusted the subject commercial motor vehicle and gravel bed trailer to Defendant Driver for the purpose of operating it on public streets and highways.
41. Defendant 3R Trucking LLC knew, or in the exercise of ordinary care should have known, that Defendant Driver was incompetent, unfit, reckless, and/or otherwise likely to operate the commercial vehicle in an unsafe manner that would create an unreasonable risk of harm to others.
42. Entrusting a commercial semi-truck and trailer to an incompetent or reckless driver creates a foreseeable and unreasonable risk of serious harm to the motoring public.
43. Defendant 3R Trucking LLC’s negligent entrustment was a direct and proximate cause of the collision and Plaintiffs’ resulting injuries and damages.
DAMAGES
44. Plaintiffs incorporate by reference the allegations of the preceding paragraphs as if fully set forth herein.
45. As a direct and proximate result of Defendants’ negligence and negligence per se, Plaintiffs Sharon Linn McKinsey and Morghan Lance McKinsey have 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 Plaintiffs’ motor vehicle, including the reasonable cost of repair or replacement;
f. Loss of use of Plaintiffs’ vehicle during the period of repair or replacement;
g. Diminution in value of Plaintiffs’ vehicle resulting from the collision; and
h. Other out-of-pocket and consequential damages sustained as a result of the collision.
46. The full nature and extent of Plaintiffs’ damages are continuing and, in part, not yet fully known. Plaintiffs reserve the right to present evidence of additional damages as they become known through discovery and ongoing treatment.
GROSS NEGLIGENCE AND EXEMPLARY DAMAGES – ALL DEFENDANTS
47. Plaintiffs incorporate by reference the allegations of the preceding paragraphs as if fully set forth herein.
48. Defendants’ acts and omissions, as described above, were the result of heedless and reckless disregard for the rights and welfare of Plaintiffs. Defendants’ conduct, each independently and in combination, involved such an entire want of care that, viewed objectively from the standpoint of Defendants at the time of the occurrence, the acts and omissions complained of herein involved an extreme degree of risk, considering the probability and magnitude of the potential harm.
49. Defendant Driver operated a large commercial motor vehicle on a public interstate highway in the early morning hours, made an unsafe lane change directly into a vehicle he failed to observe, and upon causing a collision, fled the scene without stopping or rendering aid—conduct that demonstrates a conscious and reckless indifference to the safety and rights of Plaintiffs and the public.
50. Defendant 3R Trucking LLC, upon information and belief, permitted its commercial vehicle to operate on interstate highways without the required federal operating authority, and failed to implement adequate safety programs, training, and oversight to prevent foreseeable harm to the public, in reckless disregard for the safety of others including Plaintiffs.
51. By reason of Defendants’ acts, conduct, and/or omissions constituting gross negligence and reckless disregard for the safety of others, Plaintiffs are entitled to recover exemplary
damages pursuant to 23 O.S. § 9.1, in an amount sufficient to punish Defendants and deter similar conduct.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs respectfully pray for judgment against Defendants JOHN DOE DRIVER and 3R TRUCKING LLC, jointly and severally, in an amount to be determined by the jury in excess of $75,000.00, exclusive of interest and costs, together with exemplary damages, 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.
JURY TRIAL DEMANDED
ATTORNEY’S LIEN CLAIMED
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 Plaintiffs
VERIFICATION
STATE OF OKLAHOMA )
COUNTY OF OKLAHOMA )
I, SHARON LINN McKINSEY, being duly sworn, state under oath as follows:
I am the Plaintiff SHARON LINN McKINSEY 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.
SHARON LINN McKINSEY (Mar 5, 2026 20:14:01 CST)
SHARON LINN McKINSEY
Plaintiff
VERIFICATION
STATE OF OKLAHOMA )
COUNTY OF OKLAHOMA )
I, MORGHAN LANCE McKINSEY, being duly sworn, state under oath as follows:
I am the Plaintiff MORGHAN LANCE McKINSEY 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.
MORGHAN LANCE McKINSEY (Mar 5, 2026 14:51:11 CST)
MORGHAN LANCE McKINSEY
Plaintiff
