Bill & Ted
Orange,#2Consumer Comment
Tue, November 29, 2005
Date: 11/23/2005 Case Style: Melba M. Gillean v. Ameriquest Mortgage Company Case Number: CJ-03-4426 Judge: Rebecca Brett Nightingale Court: District Court, Tulsa County, Oklahoma Defendant's Attorney: Brain Rayment of Kivell, Rayment, Francis, Coulson and Heath, P.C., Tulsa, Oklahoma Description: Negligent mortage refinancing and tortious interference claims by Melba Gillean against Ameriquest Mortgage Corporation. The specifics of the claims made and defense asserted are not available at this time. Outcome: Jury verdict was 1.94 Million Actual damage award; 3 Million punitives. Verdict was unanimous on actuals, 11-1 on punitives. Plaintiff's Experts: James Elliott CPA Defendant's Experts: Unknown Comments: Defendant offered $25,000 before trial and the demand was $150,000.00. {{{{{{{{{{{{{{{{{ JUDGE: REBECCA B. NIGHTINGALE CASE NO.CJ-03-4426 DATE NOVEMBER 28, 2005 MELBA GILLEAN VS. AMERIQUEST MORTGAGE COMPANY CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY DAVID HUMPHREYS AND LUKE WALLACE. DEFENDANT PRESENT AND REPRESENTED BY BRIAN RAYMENT. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. PEREMPTORY CHALLENGES PLAINTIFF: (1)CYNTHIA DEW (2)AUDRA GUTMANN-JONES (3) MARGARET DUGGAN DEFENDANT: (1)PAMELA BRANSTNER (2)KENNETH AMBER (3) MICHAEL COX THE FOLLOWING JURORS ARE ACCEPTED AND SWORN TO TRY THE CAUSE: 1 TERRY CURTIS 8.KELLY BIFFLE 2 HEIDI REDDICK 9.GERALD MCCLOSKY 3.PATRICIA OSBY 10.SUZANNE CROLLEY 4.STEVEN SCHLICHT 11.MARY BECKLOFF GOSS 5.JAMES WILLMANN 12.SUZIE OMSTEAD 6.JACOB CROMER 13.JEANETTE JOHNSON 7.CHERYL ROBERTS OPENING STATEMENTS ARE MADE. 7 WITNESSES SWORN. RULE WAS INVOKED. REPORTER ROBIN QUICK. THE SWEARING OF THE REPORTER IS WAIVED EXCEPT FOR TESTIMONY. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEFENDANT PRESENTS EVIDENCE AND RESTS. DEFENDANT MOVES FOR A DIRECTED VERDICT AND IS OVERRULED. BOTH SIDES REST. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 12:30 PM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 3:45 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT, WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE DO UPON OUR OATHS FIND THE ISSUES IN FAVOR OF THE PLAINTIFF, SHARI GARCIA AND FIX THE DOLLAR AMOUNT OF HER DAMAGES IN THE SUM OF $4,942,000.00 ($750,000.00 FOR NEGLIGENCE, $550,000.00 FOR DEFAMATION, $642,000.00 FOR TORTIOUS INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE AND $3,000,000.00 FOR PUNITIVE DAMAGES). JURORS CONCURRING SIGNED SUZIE OMSTEAD, FOREMAN. JURY DISCHARGED. WITNESSES SWORN: SHANE STAGNER, KURSTON MCMURRAY, SHERITA PULLEN, MAXWELL E. MEEK, MELBA GILLEAN, JAMES ELLIOTT (EXPERT), MARJORIE HOBBS