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OKLAHOMA COUNTY • CJ-2026-1385

Misty D. Milligan and Todd Milligan v. Enrique Santillanes and M.L. Johnson & Associates, Inc.

Filed: Feb 22, 2023
Type: CJ

What's This Case About?

Let’s cut straight to the chaos: a man driving a brand-new work truck allegedly barreled down a rain-slicked Oklahoma turnpike at top speed, slammed into the back of another car, which then jackknifed into a married couple’s SUV—totaling it, injuring both passengers, and launching a $75,000 legal war. And no, this isn’t the opening scene of a Fast & Furious knockoff. This is real life, in Oklahoma County, where the speed limit apparently applies only if you’re not named Enrique Santillanes.

Meet Misty and Todd Milligan—Oklahoma County residents, married, probably just trying to get from point A to point B on a stormy July afternoon in 2025. They’re driving their 2021 Buick Enclave eastbound on the John Kilpatrick Turnpike—the kind of car that says “I have a minivan phase but I’m still trying to look cool.” Todd’s in the passenger seat, maybe scrolling through sports scores or dozing off. It’s raining. Not a drizzle, not a sprinkle—actual thunderstorms are rolling through central Oklahoma. The kind of weather that makes you slow down, tap your fingers on the wheel, and maybe whisper-pray every time a semi passes.

Right behind them? Joseph A. McGill (yes, that’s his real name, and yes, we’re already rooting for him), also driving east. He’s maintaining a safe distance, minding his business, probably humming along to classic rock or thinking about dinner. Then comes the wildcard: Enrique Santillanes, allegedly piloting a 2024 Dodge RAM pickup truck owned by M.L. Johnson & Associates, Inc.—a Texas-based company that, according to the filing, isn’t even registered to do business in Oklahoma. Which, sure, fine. But also… mildly suspicious? Like showing up to a potluck with a dish from another state and refusing to label the ingredients.

Now, here’s where things go sideways. The Milligans slow down—traffic, rain, common sense. McGill slows down too. But Santillanes? Nope. He allegedly blows through two key traffic laws: Oklahoma’s “reasonable and prudent” speed rule (Title 47, Section 11-801) and the “following too closely” statute (Section 11-310). In lawyer-speak, that’s negligence per se—meaning you broke the law, and that law-breaking directly caused the crash. In real-person speak? He was speeding and tailgating in a thunderstorm like he was in a Need for Speed cutscene.

The result? Santillanes T-bones McGill, who then becomes an unwilling battering ram and plows into the Milligans’ Buick. Three cars. One chain reaction. One totaled family SUV. Two injured plaintiffs. And one very avoidable mess.

So why are we in court? Because Misty and Todd aren’t just mad—they’re hurt, and their car is scrap metal. They’re suing Santillanes and his employer, M.L. Johnson & Associates, under two legal theories: negligence per se (he broke the law, boom, liability) and plain old negligence (he drove like a maniac, and people got hurt). The twist? They’re going after the company too, arguing that Santillanes was “acting within the scope of his employment”—meaning he wasn’t joyriding or running errands. He was on the job. So if he’s liable, the company is too. It’s the legal version of “you break it, you buy it”—except the company bought the truck, hired the guy, and now might be on the hook for the damage.

And what do the Milligans want? A judgment “in excess of $75,000.” Let’s put that in perspective. That’s not “I stubbed my toe and want a settlement” money. That’s real-life-costs territory. Think: ambulance rides, ER visits, physical therapy, missed work, rental cars, emotional distress, and the sheer trauma of being launched into a multi-car pileup because someone couldn’t ease off the gas. A 2021 Buick Enclave? That’s a $40K+ vehicle even before depreciation. So $75K isn’t outrageous—it’s actually conservative, given the injuries and property damage described. And remember: they’re not just asking for medical bills. They want compensation for pain and suffering, loss of enjoyment of life, and future medical costs. Translation: Misty might not sleep through the night without hearing screeching tires. Todd might flinch every time someone brakes suddenly. That stuff adds up.

Now, here’s the kicker: the plaintiffs’ attorney? Michael S. Homsey. The same guy representing the Milligans? Also represents the defendants. Wait—what? No, no, no. That can’t be right. Let’s double-check… Nope. The filing says both sides are represented by Michael S. Homsey, OBA #4341. That’s… not how this works. That’s not how any of this works. You can’t sue yourself. You can’t represent both the victim and the accused. That’s like being the referee and a player in the same football game. That’s a massive conflict of interest. Either this is a clerical error of epic proportions… or someone dropped the ball so hard it cracked concrete. Given that this is a petition—meaning it’s filed by the plaintiffs—it’s far more likely that the attorney listed under “represented by” for the defendants is a typo. Because if it’s not? This case implodes before it even gets to discovery. But we’re choosing to believe it’s just a glitch in the Matrix, not an actual legal trainwreck.

So what’s our take? The most absurd part isn’t the rain, the rear-ending, or even the Texas company doing business in Oklahoma without registering. It’s the sheer audacity of driving a work truck like you’re auditioning for Top Gear during a thunderstorm. This wasn’t a foggy morning or a surprise black ice patch. This was known, active, stormy weather—and Santillanes allegedly decided, “Nah, I’ll just keep going 80.” That’s not just reckless. That’s a choice. And when your choices turn someone’s family SUV into a crumpled soda can, you don’t get a free pass because you were “just trying to get somewhere.”

Are we rooting for the Milligans? Absolutely. They weren’t asking for drama. They were just trying to drive home. Meanwhile, Santillanes and his employer are on the hook not just for bad driving, but for potentially negligent hiring or training—if this guy had a history, if the company didn’t train him on safety, if they encouraged fast deliveries at all costs. That’s the real story here: one avoidable crash, two injured people, and a legal bill that could’ve been prevented with five seconds of common sense.

And if nothing else? Let this be a PSA: when it rains, slow down. Your ego isn’t worth someone else’s medical bills.

Case Overview

$75,000 Demand Jury Trial Petition
Jurisdiction
District Court of Oklahoma County, Oklahoma
Relief Sought
$75,000 Monetary
Plaintiffs
Defendants
Claims
# Cause of Action Description
1 Negligence Per Se and Negligence Vehicle collision and resulting injuries and property damage
2 Negligence Vehicle collision and resulting injuries and property damage

Petition Text

849 words
IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA MISTY D. MILLIGAN, and ) TODD MILLIGAN, ) Individually, ) Plaintiffs, ) v. ) ENRIQUE SANTILLANES, ) Individually, ) and ) M.L. JOHNSON & ASSOCIATES, INC., ) a Texas Corporation, ) Defendants. ) Case No. PETITION COMES NOW, Plaintiffs, Misty D. Milligan and Todd Milligan, and for their causes of action against the Defendant(s), hereby state and allege: 1. Plaintiffs, Misty D. Milligan and Todd Milligan are husband and wife, (collectively “Milligans”) who reside in Oklahoma County, Oklahoma. 2. Defendant, M.L. Johnson & Associates, Inc., (“ML Johnson”) is a Texas Corporation doing business in the State of Oklahoma, Oklahoma County. ML Johnson has a business address of: P.O. Box 460897, Garland, Texas 75046, and a physical address of: 2809 Exchange St. Wylie, Texas 75098. Based upon information and belief, ML Johnson is not registered with the Oklahoma Secretary of State. 3. Defendant, Enrique Santillanes, ("Santillanes") was at all times relevant herein, an employee acting under the scope of employment of ML Johnson, and a resident of Roswell, New Mexico. 4. The incident giving rise to this action occurred on July 3, 2025, in Oklahoma County, Oklahoma. 5. Jurisdiction is proper in Oklahoma County, Oklahoma. Venue is proper in Oklahoma County, Oklahoma, pursuant to 12 O.S. §§137, 187. FACTS COMMON TO ALL CAUSES OF ACTION 6. Plaintiffs’ reallege, adopt and incorporate by reference all previous paragraphs, and further allege. 7. On July 3, 2025, Plaintiff, Misty D. Milligan was the driver of a 2021 Buick Enclave, with Plaintiff, Todd Milligan, as passenger. The Milligans were traveling eastbound on the John Kilpatrick Turnpike ("Turnpike") at approximately 3:45 PM. 8. On the day in question, the road conditions were wet, with scattered rain and thunderstorms occurring in central Oklahoma. 9. On the day in question, a vehicle driven by Mr. Joseph A. McGill ("McGill") was driving behind and following the Milligans eastbound on the Turnpike. 10. Defendant Santillanes was driving ML Johnson's work truck, a 2024 Dodge RAM Pickup, behind and following, McGill, also traveling eastbound on the Turnpike. 11. Defendant Santillanes was driving too fast for conditions in violation of Oklahoma State Statute, Title 47, Section 11-801; and following too closely, in violation of Oklahoma State Statute, Title 47, Section 11-310. 12. As the Milligans were slowing for traffic conditions, McGill, following the Milligans, also slowed; coming from behind McGill, Defendant Santillanes struck McGill's vehicle, which then rammed into the Milligans, causing a 3-car rear-end collision. 13. The collision totaled the Milligans vehicle, and caused each of the Milligans physical injury. FIRST CAUSE OF ACTION NEGLIGENCE PER SE - BOTH DEFENDANTS 14. Plaintiffs incorporate by reference all preceding paragraphs, and further allege. 15. Defendant Santillanes was driving too fast conditions, in violation of Oklahoma State Statute, Title 47, Section 11-801. Said Statute was in full force and effect on date of collision, July 3, 2025. 16. Defendant Santillanes was following too closely, in violation of Oklahoma State Statute, Title 47, Section 11-310. Said Statute was in full force and effect on date of collision, July 3, 2025. 17. Defendant Santillanes violations of Oklahoma State Law, were the direct and proximate cause of the vehicle collision of July 3, 2025, which resulted in Plaintiffs injuries and property damage. 18. That at all times relevant herein, Defendant Santillanes was employed and acting within the scope of employment of ML Johnson. 19. That ML Johnson is responsible for the acts, omissions, and negligence of its employee, Defendant Santillanes. 20. That as a direct and proximate result of Defendant Santillanes per se negligence, Plaintiffs demand judgment for all past and future medical expenses, lost wages, out of pocket expenses, loss of enjoyment of life, pain and suffering, and property damage, against each Defendant. 21. Plaintiffs have suffered damages in an amount in excess of the amount required for diversity jurisdiction pursuant to Section 1332 of Title 28 of the United States Code. SECOND CAUSE OF ACTION NEGLIGENCE - BOTH DEFENDANTS 22. Plaintiffs incorporate by reference all preceding paragraphs, and further allege. 23. Defendant Santillanes negligently operated ML Johnson's business pickup, which was the direct and proximate cause of the vehicle collision on July 3, 2025, resulting in Plaintiffs injuries and property damage. 24. That at all times relevant herein, Defendant Santillanes was employed and acting within the scope of employment of ML Johnson. 25. That ML Johnson is responsible for the acts, omissions, and negligence of its employee, Defendant Santillanes. 26. That as a direct and proximate result of Defendant Santillanes negligence, Plaintiffs demand judgment for all past and future medical expenses, lost wages, out of pocket expenses, loss of enjoyment of life, pain and suffering, and property damage, against each Defendant. 27. Plaintiffs have suffered damages in an amount in excess of the amount required for diversity jurisdiction pursuant to Section 1332 of Title 28 of the United States Code. PRAYER FOR RELIEF WHEREFORE, premises considered, Plaintiffs, Misty and Todd Milligan, do hereby demand judgment against Defendants, M.L. Johnson & Associates, Inc., and Enrique Santillanes, on each cause of action, in an amount in excess of $75,000.00 dollars, together with pre and post judgment interest thereon, costs, attorney fees, and any further relief as this Honorable Court may deem just and proper. Respectfully submitted, [Signature] Michael S. "Mickey" Homsey, OBA #4341 Valerie Homsey Salem, OBA #33768 HOMSEY & ASSOCIATES 105 N. Hudson, Suite 530 Oklahoma City, OK 73102 Tel: (405) 235-6622/ Fax: (405) 236-0096 [email protected] [email protected] JURY TRIAL DEMANDED ORIGINAL VERIFIED ATTORNEY'S LIEN CLAIMED
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