CJ-2026-00080 - Edward Fisher v. Ramona Smith

What's This Case About?

Let’s get one thing straight: this is not your average fender-bender. We’re not talking about a ding in the bumper from a distracted driver at a red light. No, this is a full-blown, multi-vehicle, commercial truck vs. compact car pileup in the sleepy town of Porter, Oklahoma — a place where the most exciting thing on a Tuesday might be a particularly aggressive squirrel at the gas station. But on March 1, 2024, the universe decided to spice things up, and Edward Fisher got caught right in the middle of it, walking away with $150,000 in claimed damages and a lawsuit that reads like a legal game of Six Degrees of Kevin Bacon, but with semi-trucks and negligent car dealerships.

So who are these people? Well, we’ve got Edward Fisher — our plaintiff, the guy who just wanted to drive down Highway 69 like a normal human being, minding his own business, probably listening to classic rock or an audiobook about survivalist prepping (it’s Oklahoma, after all). Then there’s Ramona Smith, who allegedly stopped her car — for reasons still unknown — smack dab in the middle of the road like she was auditioning for a music video. Was she checking her lipstick? Did she see a deer? Did she just decide, “You know what? I’m done with motion”? The filing doesn’t say, but what we do know is that Edward Fisher stopped behind her, like any responsible driver would. And then… enter Marc Johnson, a professional trucker behind the wheel of a commercial behemoth, who apparently didn’t get the memo about “stopping before hitting other vehicles.” He plowed into Fisher’s car from behind, turning what might’ve been a minor inconvenience into a full-on collision cascade.

Now, you might think, “Okay, Marc Johnson screwed up. End of story.” But no. Because in true legal soap opera fashion, this case has more layers than a Baptist potluck lasagna. Fisher isn’t just suing the people directly involved — he’s going full scorched earth, dragging in everyone who might’ve had a hand in the disaster, from trucking companies to car dealerships, like he’s building a Jenga tower of liability and daring it not to collapse.

Let’s unpack the chaos. First, there’s Ramona Smith — accused not just of stopping in the middle of the road like a confused GPS voice, but also of driving a vehicle that allegedly belonged to one of four nearly identical-sounding car dealerships: Patriot Hyundai GMC, Patriot Hyundai, Patriot GMC, or Patriot GMC of Bartlesville. Seriously, how many Patriot GMCs does one town need? It’s like they franchised confusion. Fisher claims that whichever Patriot entity owned the car negligently entrusted it to Smith — legalese for “you shouldn’t have let her drive this thing.” Maybe she had a history of erratic driving. Maybe she once parallel parked into a fire hydrant. We don’t know. But the implication is that the dealership knew or should’ve known she was a danger on wheels.

Then we’ve got Marc Johnson, the trucker. He’s not just some guy with a CDL — he’s a professional driver, operating under strict federal safety rules meant to keep 80,000-pound vehicles from turning highways into demolition derbies. And yet, according to the filing, he was speeding, not paying attention, following too closely — basically committing every cardinal sin of truck driving in one go. So Fisher says he’s liable for negligence, or worse — gross negligence, which is lawyer-speak for “you didn’t just mess up, you messed up epically.”

But here’s where it gets juicy: Fisher isn’t stopping at Johnson. He’s going after his employers — or at least the companies that might have employed him. Enter Success Truck Leasing Inc. and Spot on TMS, LLC — names that sound less like real companies and more like aliases from a mid-tier spy movie. Fisher claims these two are on the hook under vicarious liability, meaning “you pay because your guy did the crime.” It’s the legal version of “you hired him, you deal with the fallout.” And not only that — he’s accusing them of negligent entrustment too. That’s right — they allegedly gave a massive commercial truck to a guy who may have been unqualified, untrained, or just plain reckless, and now someone’s demanding six figures because of it.

And just to make sure no legal stone is left unturned, Fisher throws in a claim that these trucking companies failed to follow federal safety regulations — things like background checks, driver training, hours-of-service monitoring — all the safeguards meant to prevent exactly this kind of disaster. If true, that’s not just a mistake. That’s a systemic failure. If false? Well, then it’s a very aggressive legal strategy.

So what does Fisher want? A cool $150,000 — split evenly between actual damages (medical bills, car repairs, pain and suffering) and punitive damages (money meant to punish the defendants, not just compensate the plaintiff). Now, is $150,000 a lot for a car crash? Depends. If Fisher suffered serious injuries — broken bones, surgeries, long-term therapy — then sure, that’s in the ballpark. But if it’s just whiplash and a dented fender? That’s where things get… questionable. And let’s not forget — he’s demanding a jury trial, which means this isn’t just about money. It’s about making a point. It’s about dragging all these parties into a courtroom and saying, “Explain yourselves.”

Our take? Look, we’re not here to defend people who stop in the middle of highways or truckers who treat brake lights as optional. But this lawsuit feels like using a flamethrower to light a candle. Ramona Smith stopping in traffic? That’s bizarre and dangerous. Marc Johnson not stopping behind her? That’s inexcusable. But suing four car dealerships that may or may not have owned Smith’s vehicle? Going after two trucking companies on multiple theories of liability? It’s the legal equivalent of bringing a bazooka to a fender-bender.

The most absurd part? The sheer number of defendants. Patriot Hyundai GMC, Patriot Hyundai, Patriot GMC, Patriot GMC of Bartlesville — are these four separate entities, or just different names on the same dealership’s business cards? It’s like Fisher’s lawyer copy-pasted the Yellow Pages. And the trucking companies — Success Truck Leasing and Spot — are being accused of failing to monitor a driver’s behavior, but we don’t yet know if Johnson had a history of violations, or if this was a one-time lapse. Until then, this feels less like a clear-cut case of negligence and more like a legal fishing expedition.

Still… we’re rooting for clarity. For answers. For someone — anyone — to explain why a car was just… sitting… in the middle of a highway. Because if that’s becoming normal, we’ve got bigger problems than lawsuits.

Case Overview

$150,000 Demand Jury Trial Petition

Jurisdiction

District Court, Oklahoma

Filing Attorney

Monty L. Cain

Cain Law Office

Relief Sought

$75,000 Monetary

$75,000 Punitive

Plaintiffs

Edward Fisher individual
Rep: Monty L. Cain, OBA #15891 & Rilee D. Harrison, OBA #33742

Defendants

Claims

#	Cause of Action	Description
1	Negligence Entrustment	Plaintiff claims Defendants negligently entrusted a vehicle to Ramona Smith, who caused a collision with another vehicle driven by Marc Johnson.
2	Negligence/Gross Negligence Defendant Marc Johnson	Plaintiff claims Marc Johnson's negligent driving caused a collision with Plaintiff's vehicle.
3	Vicarious Liability Defendant Success Truck Leasing Inc and Defendant Spot	Plaintiff claims Success Truck Leasing Inc and/or Defendant Spot is vicariously liable for Marc Johnson's negligent acts.
4	Negligence Entrustment Defendant Success Truck Leasing Inc	Plaintiff claims Success Truck Leasing Inc negligently entrusted a commercial motor vehicle to Marc Johnson.

Petition Text

1,585 words

IN THE DISTRICT COURT OF WAGONER COUNTY STATE OF OKLAHOMA Wagoner County, Oklahoma EDWARD FISHER, Plaintiff, v. RAMONA SMITH, PATRIOT HYUNDAI GMC, PATRIOT HYUNDAI, PATRIOT GMC, PATRIOT GMC OF BARTLESVILLE, MARC JOHNSON, SPOT ON TMS, LLC And SUCCESS TRUCK LEASING INC, Defendants. PETITION COMES NOW the Plaintiff, Edward Fisher, and for his cause of action against the Defendants, Ramona Smith, and the Oklahoma domestic limited liability companies Patriot Hyundai GMC, Patriot Hyundai, Patriot GMC, Patriot GMC of Bartlesville (hereinafter “Defendant Patriot”), Marc Johnson, Spot on TMS, LLC (hereinafter “Defendant Spot”), and Success Truck Leasing Inc (hereinafter “Defendant Success Truck”), alleges and states: 1. On or about March 1, 2024, at or near the intersection of Highway 69 and W 50th St N in Porter, Wagoner County, Oklahoma, Defendant Ramona Smith negligently drove a vehicle, and stopped in the middle of the roadway. 2. While Plaintiff Edward Fisher was stopped behind Defendant Ramona Smith, Plaintiff was struck from behind by a vehicle being driven by Defendant Marc Johnson. 3. At all material times mentioned herein, Plaintiff operated his vehicle properly and lawfully. 4. Defendant Ramona Smith, operated her vehicle in a careless or wanton manner without regard for the safety of others, warranting the imposition of punitive damages. 5. Upon information and belief, the vehicle Defendant Ramona Smith was operating was owned by one the following Oklahoma domestic limited liability companies: Patriot Hyundai GMC, Patriot Hyundai, Patriot GMC, or Patriot GMC of Bartlesville. 6. At all material times mentioned herein, Defendant Marc Johnson was a professional tractor-trailer driver, held a Class C driver's license, and was operating a commercial motor vehicle. 7. At all material times mentioned herein, Defendant Marc Johnson was operating a commercial motor vehicle owned by either Defendant Success Truck Leasing Inc, a commercial motor carrier, or Defendant Spot. 8. At all material times mentioned herein, Defendant Marc Johnson was acting in his capacity as an employee and/or agent of Defendant Success Truck Leasing Inc or Defendant Spot and was in the course and scope of his employment, statutory employment, or agency with Defendant Success Truck Leasing Inc or Defendant Spot. 9. At all material times mentioned herein, Defendant Marc Johnson was operating the commercial motor vehicle at issue with Defendant Success Truck Leasing Inc. or Defendant Spot's permission. 10. At all times material and relevant hereto, Defendants, Marc Johnson and Defendant Success Truck Leasing Inc, and Defendant Spot, were subject to the Parts, Rules and Regulations of the Federal Motor Carrier Safety Administration located in Title 49 C.F.R. Transportation, Subtitle B, Chapter III, Subch. B. Parts 390-399, inclusive, referred to herein as the "F.M.C.S.R.," and that said regulations have been adopted by Oklahoma in § 595:35-1-4. FIRST CAUSE OF ACTION: NEGLIGENCE ENTRUSTMENT Plaintiff, Edward Fisher, re-alleges and incorporates by reference the foregoing paragraphs and states: 11. Defendant Patriot negligently entrusted their vehicle to Defendant Ramona Smith, pursuant to 47 O.S. § 6-307. 12. At all material times mentioned herein, Defendant Ramona Smith, was operating the vehicle at issue with the full knowledge, consent, and permission of Defendant Patriot. 13. Defendant Patriot knew or should have known that Defendant Ramona Smith was incompetent to operate the vehicle at issue, and/or was likely to cause harm to others. 14. Defendant Patriot’s entrustment of their vehicle to Defendant Ramona Smith was grossly negligent and in reckless disregard for the rights of others, warranting the imposition of punitive damages. 15. As a direct and proximate result of the negligence of the Defendants, Ramona Smith and the Oklahoma domestic limited liability companies Patriot Hyundai GMC, Patriot Hyundai, Patriot GMC, and Patriot GMC of Bartlesville, Plaintiff Edward Fisher has sustained bodily injuries; has incurred medical expenses; and has incurred property damage, all in an amount in excess of $75,000.00. SECOND CAUSE OF ACTION: NEGLIGENCE/GROSS NEGLIGENCE DEFENDANT MARC JOHNSON Plaintiff, Edward Fisher, re-alleges and incorporates by reference the foregoing paragraphs and states: 1. At all material times mentioned herein, Defendant Marc Johnson, operated his vehicle in a negligent manner in one or more of the following respects: a. by traveling at excessive speed; b. by failing to maintain control of his vehicle; c. by driving in a careless and prohibited manner; d. by driving at a speed that was greater than was reasonable and prudent under the circumstances; e. by failing to keep a careful lookout; f. by following too closely; 2. Upon information and belief, Defendant Marc Johnson, acted with reckless disregard to the rights and safety of others, warranting the imposition of punitive damages. 3. As a direct and proximate result of the negligence of the Defendant Marc Johnson, Plaintiff sustained bodily injuries, incurred medical expenses, past and future, and experienced physical pain and suffering, past and future, in an amount in excess of $75,000.00. 4. Upon information and belief, Defendant Marc Johnson’s acts and/or omissions were grossly negligent and in reckless disregard for the rights of others warranting the imposition of punitive damages in an amount in excess of $75,000.00. THIRD CAUSE OF ACTION: VICARIOUS LIABILITY DEFENDANT SUCCESS TRUCK LEASING INC AND DEFENDANT SPOT Plaintiff, Edward Fisher, re-alleges and incorporates by reference the foregoing paragraphs and states: 5. At all material times mentioned herein, Defendant Marc Johnson was the employee, statutory employee, agent, and/or servant of Defendant Success Truck Leasing Inc. and/or Defendant Spot. 6. All actions of Defendant Marc Johnson, specified herein occurred within the course and scope of such employment, statutory employment, and/or agency with Defendant Success Truck Leasing Inc. or Defendant Spot. 7. Under the doctrine of respondeat superior, Defendant Success Truck Leasing Inc and/or Defendant Spot is vicariously liable for the negligent acts of Defendant Marc Johnson. 8. Defendant Success Truck Leasing Inc and/or Defendant Spot is liable for the punitive damages of its employee Defendant Marc Johnson, under respondeat superior. FOURTH CAUSE OF ACTION: NEGLIGENCE ENTRUSTMENT DEFENDANT SUCCESS TRUCK LEASING INC Plaintiff, Edward Fisher, re-alleges and incorporates by reference the foregoing paragraphs and states: 9. Upon information and belief, Defendant Success Truck Leasing Inc. and/or Defendant Spot, failed to properly train Defendant Marc Johnson, in the safe use of its vehicles, thereby causing and contributing to Plaintiff Edward Fisher’s injury. 10. Defendant Success Truck Leasing Inc. and/or Defendant Spot, negligently entrusted Defendant Marc Johnson, with its commercial motor vehicle, and knew or should have known that Defendant Marc Johnson, was incompetent to drive the commercial motor vehicle. 11. Defendant Success Truck Leasing Inc. and/or Defendant Spot, knew or should have known that driver, Defendant Marc Johnson was careless, reckless, unqualified, and incompetent to safely operate a commercial motor vehicle and was likely to use the vehicle in a manner involving unreasonable risk of bodily harm to others. 12. As a motor carrier, Defendant Success Truck Leasing Inc. and/or Defendant Spot had certain duties and responsibilities as defined by the Federal Motor Carrier Safety Regulations, State trucking safety regulations, and trucking industry standards, including the duty to properly qualify Defendant Marc Johnson, the duty to properly train Defendant Marc Johnson, the duty to properly supervise Defendant Marc Johnson, the duty to monitor the hours of service of Defendant Marc Johnson, the duty to properly inspect and maintain its vehicles, and the duty to otherwise establish and implement appropriate management controls and systems for the safe operation of its commercial motor vehicles. 13. Upon information and belief, Defendant Success Truck Leasing Inc. and/or Defendant Spot negligently failed to properly qualify Defendant Marc Johnson, before hiring him, failed to properly supervise him thereafter, and failed to discharge him from employment thereafter. 14. Defendant Success Truck Leasing Inc. and/or Defendant Spot’s failure to properly hire, supervise, and train Defendant Marc Johnson, was negligent, grossly negligent, reckless, and caused Plaintiff’s damages as described herein. 15. If Defendant Success Truck Leasing Inc. and/or Defendant Spot, had performed a proper federally required background check into the prior driving history of Defendant Marc Johnson, and performed a federally required mandate to monitor and investigate Defendant Marc Johnson’s driving conduct throughout his employment or agency with Defendant Success Truck Leasing Inc, then Defendant Success Truck Leasing Inc would have discovered that Defendant Marc Johnson, was careless, reckless, unqualified, and incompetent to safely operate a commercial motor vehicle and was likely to use the vehicle in a manner involving unreasonable risk of bodily harm to others. 16. As a direct and proximate result of the negligence of Defendant Success Truck Leasing Inc. and/or Defendant Spot Plaintiff has sustained bodily injuries; has incurred medical expenses; and has experienced pain and suffering all in an amount in excess of $75,000.00. 17. Upon information and belief, Defendant Success Truck Leasing Inc. and/or Defendant Spot’s acts and/or omissions were grossly negligent and in reckless disregard for the rights of others due to the negligent hiring, training, supervision, and retention of Defendant Marc Johnson, and the negligent entrustment of a commercial motor vehicle to Defendant Marc Johnson, warranting the imposition of punitive damages in an amount in excess of $75,000.00. WHEREFORE, Plaintiff, Edward Fisher, prays for judgment against Defendants, Ramona Smith and the Oklahoma domestic limited liability companies Patriot Hyundai GMC, Patriot Hyundai, Patriot GMC, Patriot GMC of Bartlesville, Marc Johnson, Defendant Spot and Success Truck Leasing Inc, for personal injuries, lost wages, punitive damages, and property damage in an amount in excess of $75,000, plus interest, costs, attorney fees, and all such other and further relief as to which Plaintiff may be entitled. Respectfully Submitted, CAIN LAW OFFICE Attorney for Plaintiff Monty L. Cain, OBA #15891 Rilee D. Harrison, OBA #33742 P.O. Box 892098 Oklahoma City, OK 73189 (405) 759-7400 – Phone (405) 759-7424 – Facsimile [email protected] ATTORNEY’S LIEN CLAIMED