IN THE DISTRICT COURT FOR OKLAHOMA COUNTY
STATE OF OKLAHOMA
JASON RICHARDSON, as Personal Representative of the Estate of JENNIFER MAYS, deceased,
Plaintiff,
v.
1. MERCY HOSPITAL ARDMORE, INC.;
2. MERCY CLINIC OKLAHOMA COMMUNITIES, INC.;
3. MERCY HEALTH;
4. MERCY HEALTH NETWORK, L.L.C.;
5. JEFFREY THOMASSON, M.D.;
6. BETHANY CLUTTS, D.O.;
7. KALE HUNTER, M.D.;
8. PREMISE HEALTH OF OKLAHOMA MEDICAL, P.C.; and,
9. CHRISTY MORRIS, APRN-CNP,
Defendants.
PETITION
Plaintiff, for his claim, states:
DEFENDANTS, JURISDICTION AND VENUE
1. Defendant, Mercy Hospital Ardmore, Inc., selected a service agent located in Oklahoma County. The service agent is located at 10300 Greenbriar Place, Oklahoma City, OK 73159. Defendant, Mercy Hospital Ardmore, Inc., was / will be served through its service agent.
2. Defendant, Mercy Clinic Oklahoma Communities, Inc., selected a service agent located in Oklahoma County. The service agent is located at 10300 Greenbriar
Place, Oklahoma City, OK 73159. Defendant, Mercy Clinic Oklahoma Communities, Inc., was / will be served through its service agent.
3. Defendant, Mercy Health, selected a service agent located in Oklahoma County. The service agent is located at 10300 Greenbriar Place, Oklahoma City, OK 73159. Defendant, Mercy Health, was / will be served through its service agent.
4. Defendant, Mercy Health Network, L.L.C., selected a service agent located in Oklahoma County. The service agent is located at 10300 Greenbriar Place, Oklahoma City, OK 73159. Defendant, Mercy Health Network, L.L.C., was / will be served through its service agent.
5. Defendant, Premise Health of Oklahoma, P.C., selected a service agent located in Oklahoma County. The service agent is located at 10300 Greenbriar Place, Oklahoma City, OK 73159. Defendant, Mercy Hospital Ardmore, Inc., was / will be served through its service agent.
6. Defendant, Jeffrey Thomasson, M.D., is a citizen of the State of Missouri and maintains an office located at 615 S New Ballas Road, Saint Louis, MO 63141. Defendant, Jeffrey Thomasson, M.D., will be served at his office.
7. Defendant, Bethany Clutts, D.O., is a citizen of the State of Oklahoma and maintains an office located at 731 12th Avenue Northwest, Ardmore, OK 73401. Defendant, Bethany Clutts, D.O., will be served at her office.
8. Defendant, Kale Hunter, M.D., is a citizen of the State of Oklahoma and maintains an office located at 1921 Stonecipher Boulevard, Ada, OK 74820. Defendant, Kale Hunter, M.D., will be served at his office.
9. Defendant, Christy Morris, APRN-CNP, is a citizen of the State of Oklahoma and maintains an office located at 404 S. Commerce Street, Ardmore, OK 73401. Defendant, Christy Morris, APRN-CNP will be served at her office.
10. This Court has jurisdiction over all claims and parties.
11. Venue is proper in Oklahoma County and is the most convenient venue for this action.
12. All Defendants were properly serviced with process in this case.
13. All parties are properly named in this case and have sued, or been sued, in their proper capacity.
14. Plaintiffs’ claims were brought within the statute of limitations and are, therefore, timely.
15. Plaintiffs’ damages, exclusive of costs and attorneys’ fees, exceed $75,000.00.
PERTINENT FACTS GIVING RISE TO THIS LAWSUIT
16. Beginning in mid-2023 and continuing until her death on February 26, 2024, Jennifer Mays experienced recurrent symptoms including abdominal pain, bloating, nausea, tachycardia, hand itching / swelling, cold chills, sweating, and gastrointestinal distress.
17. On June 28, 2023, Jennifer Mays presented to a clinic owned and operated by Defendant, Premise Health of Oklahoma Medical, P.C., where she was seen by Defendant, Christy Morris, APRN-CNP, for these issues.
18. At the visit on June 28, 2023, Defendant, Christy Morris, APRN-CNP, ordered a CT Scan of Jennifer Mays’ abdomen and pelvis.
19. On July 6, 2023, Jennifer Mays presented to the Emergency Department at Mercy Hospital Ardmore complaining of a rash, lip tingling, throat tingling and abdominal pain. She was seen by Kale Hunter, M.D.
20. After reviewing her symptoms, Dr. Hunter prescribed Jennifer Mays an Epi-Pen and instructed her to take Benadryl.
21. On July 14, 2023, Jennifer Mays underwent a CT Scan of the abdomen and pelvis at Mercy Hospital Ardmore as ordered by Defendant, Christy Morris, APRN-CNP
22. Mercy Hospital Ardmore is owned and operated as a joint venture by Defendants, Mercy Hospital Ardmore, Inc., Mercy Clinic Oklahoma Communities, Inc., Mercy Health, and Mercy Health Network, L.L.C.
23. Defendant, Jeffrey Thomasson, M.D., interpreted the CT Scan and reported that Jennifer Mays’ adrenal glands were normal despite the scan revealing the presence of a nodule on her adrenal gland.
24. Christy Morris, APRN-CNP, received the results of the CT Scan performed on July 14, 2023. At no time was Jennifer Mays advised by Christy Morris, APRN-CNP or any other healthcare provider, of the presence of a nodule on her adrenal gland in July 14, 2023.
25. At no time was Jennifer Mays advised by Christy Morris, APRN-CNP, or any other healthcare provider, that she needed further evaluation of the nodule and treatment for it.
26. Over the next several months, Jennifer Mays continued to experience abdominal pain, profuse sweating, tachycardia and bloating.
27. On January 12, 2024, Jennifer Mays was seen by Defendant, Christy Morris, APRN-CNP, at a clinic owned and operated by Defendant, Premise Health of Oklahoma Medical, P.C.
28. Jennifer Mays expressed complaints of abdominal pain and bloating at the visit.
29. Defendant, Christy Morris, APRN-CNP, prescribed Jennifer Mays Bentyl and advised her to keep Benadryl, Pepcid, and EpiPen with her at all times in the event of an allergic reaction.
30. During the appointment, Jennifer Mays was not advised of the presence of a nodule on her adrenal gland on the July 14, 2023 CT Scan, any other anomaly, and was not advised of the need for further evaluation or treatment.
31. On February 1, 2024, Jennifer Mays was seen by Defendant, Christy Morris, APRN-CNP, at a clinic owned and operated by Defendant, Premise Health of Oklahoma Medical, P.C. At the visit, Jennifer Mays expressed complaints of abdominal pain and bloating.
32. Defendant, Christy Morris, APRN-CNP, noted the July 14, 2023, CT Scan was "essentially clear." However, Defendant, Christy Morris, APRN-CNP, ordered a second CT Scan.
33. On February 9, 2024, Jennifer Mays underwent a CT Scan of her abdomen and pelvis with contrast at Mercy Hospital Ardmore. The CT Scan was interpreted by Adam Sharp, M.D. in Ada, Oklahoma.
34. Dr. Sharp noted an indeterminate nodule in the right adrenal gland measuring 1.8 x 1.2 cm in size.
35. Dr. Sharp recommended a follow-up MRI of the abdomen with contrast or adrenal protocol CT with and without contrast for further evaluation.
36. On February 20, 2024, Jennifer Mays was seen by Defendant, Bethany Clutts, D.O., at Mercy Clinic Surgery Ardmore which is owned and operated by Defendants, Mercy Hospital Ardmore, Inc., Mercy Clinic Oklahoma Communities, Inc., Mercy Health, and Mercy Health Network, L.L.C.
37. The notes for the visit made by Defendant, Bethany Clutts, D.O., state Dr. Clutts was aware that a CT Scan was performed on February 9, 2024, was aware of Dr. Sharp’s finding of a nodule on Jennifer Mays’ adrenal gland and was aware of Dr. Sharp’s recommendations for further evaluation. Dr. Clutts did not advise Jennifer Mays of any of Dr. Sharp’s findings or recommendations.
38. Dr. Clutts noted that she “recommended further imaging for better evaluation of the adrenal lesion” and that “initial biochemical investigation is warranted.”
39. On February 20, 2024, Dr. Clutts ordered a 24-hour urine metanephrines test but did not order follow-up imaging, make a referral to endocrinology, or take any other action regarding further evaluation or treatment for Jennifer Mays’ abnormal adrenal nodule.
40. At no time was Jennifer Mays advised that the CT Scan performed on February 9, 2024, revealed the presence of an adrenal nodule or that Dr. Sharp advised that further evaluation or treatment of the nodule was needed.
41. Jennifer Mays died six days after the visit with Dr. Clutts.
42. Defendants’ failure to timely diagnose and treat the lesion on Jennifer Mays’ adrenal gland allowed it to grow and hemorrhage resulting in a catecholamine crisis that caused cardiovascular collapse, ultimately resulting in Jennifer Mays’ death.
43. Despite a CT Scan in July 2023 revealing the presence of a nodule on Jennifer Mays’ adrenal gland, no medical provider advised Jennifer Mays or her spouse, Josh Mays, that a nodule was present.
44. Despite a CT Scan in July 2023 revealing the presence of a nodule on Jennifer Mays’ adrenal gland, no medical provider advised Jennifer Mays or her spouse, Josh Mays, that a nodule was present, nor was she advised of the need for further evaluation or treatment
45. Despite a CT Scan on February 9, 2024 confirming the presence of a nodule on Jennifer Mays’ adrenal gland, and Dr. Sharp’s recommendation to have it further evaluated, no medical provider advised Jennifer Mays or her spouse, Josh Mays, that a nodule was present and that it needed further evaluation.
46. Jennifer Mays died on February 26, 2024, as a result of Defendants’ failure to timely diagnose and treat the lesion on her adrenal gland. Her death resulted in damages as set forth below.
47. After her death, Jennifer Mays’ husband, Josh Mays, and her brother, Jason Richardson, first became aware of the presence of the adrenal nodule after reviewing Jennifer Mays’ medical records.
NEGLIGENCE
48. Defendants, individually, and by acting by and through their agents and employees, including, but not limited to, Bethany Clutts, D.O., Jeffrey Thomasson, M.D., Kale Hunter, M.D. and Christy Morris, APRN-CNP, acted negligently and deviated from the standard of care by, inter alia, failing to advise Jennifer Mays of the presence of a nodule on her adrenal gland, failing to timely diagnose the adrenal nodule, failing to properly evaluate the nodule and failing to provide proper medical care for it.
49. Jennifer Mays died as a result of negligent medical care rendered by Defendants that violated the acceptable standards of medical care. Defendants’ conduct caused damages as set forth below.
DEFENDANTS’ VICARIOUS LIABILITY FOR THE NEGLIGENCE OF ITS EMPLOYEES, AGENTS AND THOSE WHO HAD APPARENT AUTHORITY TO ACT ON THEIR BEHALF
50. At the time of the negligent conduct giving rise to this lawsuit, Defendant, Bethany Clutts, D.O., was the agent, servant, and employee of Defendants, Mercy Hospital Ardmore, Inc., Mercy Health, Mercy Health Network, L.L.C. and Mercy Clinic Oklahoma Communities, Inc., making each liable to Plaintiff for her conduct.
51. At the time of the negligent conduct giving rise to this lawsuit, Defendant, Jeffrey Thomasson, M.D., was the agent, servant, and employee of Defendants, Mercy Hospital Ardmore, Inc., Mercy Health, Mercy Health Network, L.L.C. and Mercy Clinic Oklahoma Communities, Inc., making each liable to Plaintiff for her conduct.
52. At the time of the negligent conduct giving rise to this lawsuit, Defendant, Kale Hunter, M.D., was the agent, servant, and employee of Defendants, Mercy Hospital
Ardmore, Inc., Mercy Health, Mercy Health Network, L.L.C. and Mercy Clinic Oklahoma Communities, Inc., making each liable to Plaintiff for her conduct.
53. At the time of the negligent conduct giving rise to this lawsuit, Defendant, Christy Morris, APRN-CNP, was the agent, servant, and employee of Defendant, Premise Health of Oklahoma Medical, P.C., making it vicariously liable for her conduct.
DEFENDANTS’ DIRECT NEGLIGENCE FOR THEIR SYSTEMATIC FAILURES
54. Defendants, Mercy Hospital Ardmore, Inc., Mercy Clinic Oklahoma Communities, Inc., Mercy Health, and Mercy Health Network, L.L.C., acting through their managers, directors, committees and leadership structure, have a duty to develop effective and safe processes for delivering patient care, educating staff and agents about these processes, and enforcing adherence to them.
55. Defendants, Mercy Hospital Ardmore, Inc., Mercy Clinic Oklahoma Communities, Inc., Mercy Health, and Mercy Health Network, L.L.C., acting through their managers, directors, committees and leadership structure, have a duty to regularly reevaluate their procedures to identify and implement any needed improvements resulting from near misses, adverse events, evidence-based practice and the state of the art.
56. Defendants, Mercy Hospital Ardmore, Inc., Mercy Clinic Oklahoma Communities, Inc., Mercy Health, and Mercy Health Network, L.L.C., have a non-delegable duty to develop, adopt, and enforce adequate and appropriate processes, procedures, rules, and policies to ensure the delivery of quality care to their patients.
57. Defendants, Mercy Hospital Ardmore, Inc., Mercy Clinic Oklahoma Communities, Inc., Mercy Health, and Mercy Health Network, L.L.C., breached these duties to Plaintiffs by not having, implementing, reevaluating, educating and enforcing policies that would have ensured, inter alia, the following:
a. that the CT Scan in July 2023 was correctly read by the remote radiologist they provided;
b. that Jennifer Mays was advised in February 2024, that the CT Scan of her abdomen revealed abnormal findings and further testing was recommended.
c. that Jennifer Mays received immediate medical care in February 2024 given the life-threatening condition from which she suffered.
58. Defendants’ conduct deviated from the standard of care, breached Defendants’ duties to Plaintiffs and resulted in Jennifer Mays’ death, as well as the injuries and damages set forth below.
INFORMED CONSENT
59. Defendants failed to inform Jennifer Mays of the material risks involved in the course of treatment rendered to her, including the risk of no evaluation and treatment; failed to inform Jennifer Mays of the presence of a nodule on her adrenal gland as revealed by two CT Scans; failed to inform Jennifer Mays of the alternative treatments, including MRI of the abdomen with contrast or adrenal protocol CT; failed to advise her of the use of therapeutic drugs; failed to advise her that hospitalization for observation was an alternative option.
60. If Jennifer Mays had been informed by Defendants that the CT Scans revealed the presence of a nodule on her adrenal gland, or that there was a recommendation by the radiologist of an MRI of the abdomen with contrast or adrenal protocol CT, she would have immediately sought evaluation and treatment for it.
61. Defendants’ conduct deviated from the standard of care and caused Plaintiff’s injuries and damage as set forth below.
NEGLIGENT PRIVILEGING, CREDENTIALING AND ENTRUSTMENT
62. At the time of the injuries giving rise to the lawsuit, Bethany Clutts, D.O., Jeffrey Thomasson, M.D., Kale Hunter, M.D. were privileged, credentialed and otherwise entrusted to care and treat the patients of Defendants, Mercy Hospital Ardmore, Inc., Mercy Clinic Oklahoma Communities, Inc., Mercy Health, and Mercy Health Network, L.L.C.
63. Defendants, Mercy Hospital Ardmore, Inc., Mercy Clinic Oklahoma Communities, Inc., Mercy Health, and Mercy Health Network, L.L.C., were negligent in retaining, supervising, credentialing, privileging and otherwise entrusting the care and treatment of its patients to Bethany Clutts, D.O., Jeffrey Thomasson, M.D., Kale Hunter, M.D.
64. Defendants were negligent in managing, operating or otherwise overseeing the care provided to Jennifer Mays while a patient at Mercy Hospital Ardmore.
65. The conduct of Defendants, Mercy Hospital Ardmore, Inc., Mercy Clinic Oklahoma Communities, Inc., Mercy Health, and Mercy Health Network, L.L.C., deviated
from the standard of care and caused Plaintiff's injuries and damages as set forth below.
66. At the time of the injuries giving rise to the lawsuit, Christy Morris, APRN-CNP, was privileged, credentialed and otherwise entrusted to care and treat the patients of Defendant, Premise Health of Oklahoma Medical, P.C.,
67. Defendant, Premise Health of Oklahoma Medical, P.C., was negligent in retaining, supervising, credentialing, privileging and otherwise entrusting the care and treatment of its patients to Christy Morris, APRN-CNP
68. Defendant, Premise Health of Oklahoma Medical, P.C., was negligent in managing, operating or otherwise overseeing the care provided to Jennifer Mays while a patient at Defendant, Premise Health of Oklahoma Medical, P.C.
69. The conduct of Defendant, Premise Health of Oklahoma Medical, P.C., deviated from the standard of care and caused Plaintiff's injuries and damages as set forth below.
RES IPSA LOQUITUR
70. Plaintiffs' injuries and damages were caused by an act, omission or instrumentality which was under the exclusive control and management of Defendants and the events causing the injuries to her were of a kind which ordinarily do not occur in the absence of negligence on the part of Defendants.
71. Defendants' conduct caused Plaintiffs' injuries and damage as set forth below.
AGENCY AND APPARENT AUTHORITY
72. At the time of the injuries giving rise to the lawsuit, various healthcare providers, including, but not limited to, Bethany Clutts, D.O., Jeffrey Thomasson, M.D., and Kale Hunter, M.D., were the agents, servants, and employees of Defendants, Mercy Hospital Ardmore, Inc., Mercy Clinic Oklahoma Communities, Inc., Mercy Health, and Mercy Health Network, L.L.C. making each vicariously liable to Plaintiff.
73. At the time of the injuries giving rise to the lawsuit, various healthcare providers, including, but not limited to, Bethany Clutts, D.O., Jeffrey Thomasson, M.D., and Kale Hunter, M.D., were acting in the scope of their employment by Defendants, Mercy Hospital Ardmore, Inc., Mercy Clinic Oklahoma Communities, Inc., Mercy Health, and Mercy Health Network, L.L.C.
74. The acts or omissions of the healthcare providers involved in treating Jennifer Mays, including, but not limited to, Bethany Clutts, D.O., Jeffrey Thomasson, M.D., and Kale Hunter, M.D., are the acts or omissions of Defendants, Mercy Hospital Ardmore, Inc., Mercy Clinic Oklahoma Communities, Inc., Mercy Health, and Mercy Health Network, L.L.C.
75. Defendants, Mercy Hospital Ardmore, Inc., Mercy Clinic Oklahoma Communities, Inc., Mercy Health, and Mercy Health Network, L.L.C., are liable for the conduct of the various healthcare providers, including, but not limited to, Bethany Clutts, D.O., Jeffrey Thomasson, M.D., and Kale Hunter, M.D.
76. At the time of the injuries giving rise to the lawsuit, various healthcare providers, including, but not limited to, Bethany Clutts, D.O., Jeffrey Thomasson, M.D., and
Kale Hunter, M.D., had the apparent authority to act on behalf of Defendants, Mercy Hospital Ardmore, Inc., Mercy Clinic Oklahoma Communities, Inc., Mercy Health, and Mercy Health Network, L.L.C., and Jennifer Mays changed her position to her detriment in reliance on their apparent authority.
77. At the time of the injuries giving rise to the lawsuit Christy Morris, APRN-CNP, was the agent, servant, and employee of Defendant, Premise Health of Oklahoma Medical, P.C., making it vicariously liable to Plaintiff for her conduct
78. Christy Morris, APRN-CNP, was acting in the course and scope of her employment by Defendant, Premise Health of Oklahoma Medical, P.C., at the time she treated, or failed to treat, Jennifer Mays.
79. The acts or omissions of Christy Morris, APRN-CNP are the acts or omissions of Defendant, Premise Health of Oklahoma Medical, P.C.
80. Defendant, Premise Health of Oklahoma Medical, P.C., is liable for the conduct of its employees, agents, and servants involved in treating Jennifer Mays, including, but not limited to, Christy Morris, APRN-CNP
81. At the time Jennifer Mays was a patient of Defendant, Premise Health of Oklahoma Medical, P.C., the words and actions of Defendant, Premise Health of Oklahoma Medical, P.C., caused her to reasonably believe that it had authorized Christy Morris, APRN-CNP to take action on its behalf.
82. Defendant, Christy Morris, APRN-CNP, had the apparent authority to act on behalf of Defendant, Premise Health of Oklahoma Medical, P.C., and Jennifer Mays changed her position to her detriment in reliance on that apparent authority.
83. As a result of Defendant’s conduct, it is liable to Plaintiff for Jennifer Mays’ death, as well as the injuries and damages set forth below.
JOINT VENTURE
84. Defendants, Mercy Hospital Ardmore, Inc., Mercy Clinic Oklahoma Communities, Inc., Mercy Health, and Mercy Health Network, L.L.C., entered into a joint venture to operate Mercy Hospital Ardmore in that Defendants (1) had a joint interest in Mercy Hospital Ardmore, (2) had an express or implied agreement to share profits and losses of Mercy Hospital Ardmore; and (3) engaged in action or conduct showing cooperation in Mercy Hospital Ardmore.
85. Each member of Defendants’ joint venture acted for itself as principal and as agent for the other Defendants within the general scope of the enterprise.
86. Defendants are estopped in favor of Plaintiff from denying that they are joint venturers, even if they never intended to become such.
87. Defendants engaged in an enterprise in which they have a community of interest and a common purpose in its performance, thereby providing the existence of a joint venture.
88. An employee of one Defendant engaged in a joint venture with its co-Defendants renders the employee of one Defendant the employee of all Defendants.
CAUSATION
89. Defendants’ conduct, in a natural and continuous sequence, produced Jennifer Mays’ death, injury and damages to Plaintiff and without Defendants’ conduct, Jennifer Mays’ death, Plaintiff’s injuries and damages would not have happened.
90. Had the CT of July 14, 2023, been read correctly, and Jennifer Mays advised of the presence of a nodule on her adrenal gland, she would have sought further evaluation and treatment. More likely than not, that treatment would have prevented the nodule from advancing in size and, more likely than not, the nodule would not have caused complications which were fatal.
91. Had Jeffery Thomasson, M.D. met the standard of care, Jennifer Mays would have been correctly diagnosed and treated and such treatment would have prevented Jennifer Mays’ death.
92. Had Christy Morris, APRN-CNP met the standard of care, Jennifer Mays would have been correctly diagnosed and treated and such treatment would have prevented Jennifer Mays’ death.
93. Had Bethany Clutts, D.O. met the standard of care, Jennifer Mays would have been correctly diagnosed and treated and such treatment would have prevented Jennifer Mays’ death.
94. Had Defendants directly, and/or acting through their agents, servants and employees, met the standard of care, Jennifer Mays would have been correctly diagnosed and treated and such treatment would have prevented Jennifer Mays’ death.
95. The failures of Defendants are a direct cause of Jennifer Mays’ death.
96. The injuries and damages suffered by Plaintiffs as a result of Defendants’ conduct were the reasonably and foreseeable result of Defendants’ negligence.
DAMAGES
97. As a result of Defendants’ conduct, Jennifer Mays sustained severe personal injuries, suffered severe physical and emotional pain and suffering, incurred medical expenses and died, resulting in damages in excess of $75,000.00, exclusive of interest, attorney’s fees, and costs.
98. As a further result of Defendants’ conduct, Josh Mays, spouse of Jennifer Mays, suffered damage due to loss of service, society, companionship, support and consortium of his wife; and incurred medical expenses resulting in damages in an amount in excess of $75,000.00, exclusive of interest, attorney’s fees, and costs.
99. As a further result of Defendants’ conduct, L.M., minor daughter of Jennifer Mays, suffered damage due to grief and loss of companionship of her mother and claims damages in an amount in excess of $75,000.00, exclusive of interest, attorney’s fees, and costs.
100. As a further result of Defendants’ conduct, Janice Kimmell, mother of Jennifer Mays, suffered damage due to grief and loss of companionship of her daughter and claims damages in an amount in excess of $75,000.00, exclusive of interest, attorney’s fees, and costs.
101. As a further result of the Defendants’ conduct, the Estate of Jennifer Mays incurred medical, funeral, and burial expenses and lost income for which the Estate seeks damages in excess of $75,000.00, exclusive of interest, attorney’s fees, and costs.
102. At the time of her death, Jennifer Mays was 41 years of age. According to the United States Social Security Administration Actuarial Life Table, she had a life expectancy of 40.93 years.
103. On January 9, 2026, Jason Richardson was appointed as the Personal Representative of the Estate of Jennifer Mays by the Honorable Judge Laura J. Corbin, Johnston County District Court, State of Oklahoma.
104. Pursuant to 12 O.S. § 1053(A), Jason Richardson is the proper party to bring this action on behalf of all claimants.
PUNITIVE DAMAGES
105. Defendants’ conduct was done in reckless disregard of Jennifer Mays and Plaintiff’s rights, was intentional and done with malice toward others, including Jennifer Mays and Plaintiff.
106. Defendants were either aware, or did not care, that there was a substantial and unnecessary risk that their conduct would cause serious injury and the death of Jennifer Mays.
107. Defendants’ conduct was unreasonable under the circumstances and there was a high probability that the conduct would cause serious harm and the death of Jennifer Mays.
108. Defendants committed wrongful acts intentionally without just cause or excuse.
109. Plaintiffs seek punitive damages against Defendants in an amount in excess of $75,000.00.
Respectfully submitted,
Larry A. Tawwater, OBA No. 8852
Darren M. Tawwater, OBA No. 18854
B. Adam Myers, OBA No. 33985
B. Trevor Nation, OBA No. 36734
THE TAWWATER LAW FIRM, P.L.L.C.
14001 Quail Springs Parkway
Oklahoma City, Oklahoma 73134
Telephone: (405) 607-1400
Facsimile: (405) 607-1450
[email protected]
[email protected]
[email protected]
[email protected]
and
Geren T. Steiner, OBA No. 18845
RUPERT & STEINER, PLLC
14001 Quail Springs Parkway
Oklahoma City, OK 73134
Telephone: (405) 607-1494
Facsimile: (405) 607-1450
[email protected]
ATTORNEYS FOR PLAINTIFFS
ATTORNEYS' LIEN CLAIMED
JURY TRIAL DEMANDED
