IN THE DISTRICT COURT IN AND FOR TULSA COUNTY
STATE OF OKLAHOMA
DEBORAH LINDSAY-HENRY, an individual,
Plaintiff,
v.
MORAGEN FERREL, an individual,
Defendant.
Case No.: CJ-2026-01134
Judge: William D. LaFortune
Attorney Lien Claimed
PETITION
COMES NOW the Plaintiff, Deborah Lindsay-Henry (hereinafter "Plaintiff"), and for her claims against the Defendant Moragen Ferrel (hereinafter "Defendant"), states as follows:
1. On or about April 30, 2024, Plaintiff was driving her 2021 Toyota Sienna north in the outside lane on South Memorial Drive at or near the intersection with East 33rd Street in Tulsa, Tulsa County, Oklahoma.
2. On or about April 30, 2024, Defendant was driving a 2011 Toyota Camry also north in the outside lane on South Memorial Drive at or near the intersection with East 33rd Street in Tulsa, Tulsa County, Oklahoma.
3. At all times relevant hereto, Defendant was behind Plaintiff.
4. Plaintiff stopped her vehicle for traffic ahead of her.
5. The front of Defendant's vehicle collided with the rear of Plaintiffs' vehicle.
6. Defendant rear-ended Plaintiffs' vehicle.
7. At the time of the rear-end collision, around 5:57 p.m., it was daylight, the weather was clear, and road was dry. See, Oklahoma Official Collision Report attached hereto as Marked Trial Exhibit 20.
8. At the time of the rear-end collision, there was nothing to prevent Defendant from seeing Plaintiffs’ vehicle in front of her. See, Google images of location of collision attached hereto as Marked Trial Exhibit 24.
9. Defendant is at fault for causing the rear-end collision.
10. Defendant was negligent in the operation of her vehicle in that:
a. Defendant breached her duty to use ordinary care to prevent injury to others;
b. Defendant failed to keep a proper lookout;
c. Defendant drove carelessly;
d. Defendant was inattentive;
e. Defendant failed to maintain an assured clear distance from the vehicle in front of her;
f. Defendant was driving too fast for conditions;
g. Defendant was following too closely;
h. Defendant was negligent per se;
i. Defendant was driving recklessly; and
j. Defendant was grossly negligent.¹
11. Defendant was negligent per se in that she violated the following statutes and ordinances:
a. 47 O.S. § 11-310: Following Too Closely: The driver of a motor vehicle 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.
¹ 25 O.S. § 6 – Types of Negligence defined. Slight negligence consists in the want of great care and diligence; ordinary negligence in the want of ordinary care and diligence; and gross negligence in the want of slight care and diligence.
b. 47 O.S. § 11-801: Basic Rule – Maximum (Speed) Limits – Fines and Penalties: Any person driving a vehicle on a highway shall drive the same at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface and width of the highway and any other conditions then existing. No person shall drive any vehicle upon a highway at a speed greater than will permit the driver to bring it to a stop within the assured clear distance ahead.
c. 47 O.S. § 11-901: Reckless Driving: It shall be deemed reckless driving for any person to drive a motor vehicle in a careless or wanton manner without regard for the safety of persons or property or in violation of the conditions outlined in Section 11-801 of this title.
d. 47 O.S. § 11-901b: Full Time and Attention to Driving: The operator of every vehicle, while driving, shall devote their full time and attention to such driving.
e. Tulsa Revised Ordinance Title 37 § 618: Conditions affecting speed: Notwithstanding the posted speed limits, any person driving a vehicle shall drive the same at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface and width of the roadway and any other condition then existing; and no person shall drive any vehicle upon a roadway at a speed greater than will permit him to bring it to a stop within the assured clear distance ahead.
f. Tulsa Revised Ordinance Title 37 § 645: Inattentive driving: A. It shall be unlawful and an offense for any driver to fail to remain alert and give full attention to the safe operation of his vehicle while it is in motion. B. It shall be unlawful and an offense for any driver to engage in any activity while driving that interferes with the safe control of his vehicle. C. It shall be unlawful and an offense for any person to engage in any activity or to do any act which interferes with a driver's safe operation of a vehicle.
g. Tulsa Revised Ordinance Title 37 § 647: Reckless driving: It shall be deemed reckless driving for any person to drive a vehicle in a careless or wanton manner without regard for the safety of persons or property or in violation of the conditions outlined in Section 618.
12. Defendant’s negligence is the sole and proximate cause of the rear-end collision.
13. As a result of the rear-end collision, Defendant’s vehicle sustained damage rendering it inoperable, and it had to be towed from the scene of the collision. See, Oklahoma Official Collision Report attached hereto as Marked Trial Exhibit 20.
14. As a result of the rear-end collision, Plaintiff’s Toyota Sienna suffered property damage, and Defendant’s liability carrier, Progressive, paid Plaintiff’s property damage claim, property damage is no longer an issue in this case.
15. As a result of Defendant’s negligence, Plaintiff was injured.
16. Defendant’s negligence was the sole and proximate cause of Plaintiff’s bodily injuries.
17. Plaintiff is 45 years of age (DOB: ##/##/1980) and according to life expectancy tables, she has a life expectancy of 41.0 more years. See, Life Expectancy Tables from IRS Publication 590-B (2023), attached hereto as Marked Trial Exhibit 61.
18. As a result of this collision, Plaintiff suffered personal injury to her body of a permanent and lasting nature including, but not limited to, injuries to her cervical, thoracic and lumbar spines, with disc injuries to the neck and low back with protrusions and annular tears at L2-3, L4-5 and L5-S1, suffered physical pain, past and future; mental anguish, past and future; and has been forced to incur medical expenses, past and future, all in a sum in excess of the amount required for diversity jurisdiction pursuant to section 1332 of title 28 of the United States Code.
19. Pursuant to 12 O.S. 3226(A)(2), Plaintiff provides initial disclosures as follows:
a. Plaintiff has a life expectancy of 41 more years.
b. Physical Pain and Suffering
Past: To be proven at time of trial
Future: To be proven at time of trial
c. Mental Pain and Suffering
Past: To be proven at time of trial
Future: To be proven at time of trial
d. The Nature and Extent of her Injuries To be proven at time of trial
e. Whether the Injuries are Permanent To be proven at time of trial
f. The Physical Impairment: To be proven at time of trial
g. The Reasonable Expenses of the necessary Care, Treatment, and Services
Past: an Amount in excess of $42,783.71
Future: To be proven at time of trial
20. On January 2, 2026, Plaintiff's counsel mailed a time limit demand to Defendant's liability insurance carrier, Progressive Insurance Company, demanding the amount of $137,511.00 or the limits of Defendant's liability policy, whichever is less.
21. Plaintiff's time limit demand was issued in accordance with Badillo v. Mid Century Ins. Co., 2005 OK 48, ¶ 33, 121 P.3d 1080 ("Contrary to insurers' position(s), a carrier's duty of good faith and fair dealing in the situation reasonably shown by this record involves more than making an offer to settle for or within policy limits, or simply not refusing unconditional settlement offers within those limits."). See also, SRM, Inc., v. Great Am. Ins. Co., 798 F.3d 1322, 1323 (10th Cir. 2015) ("Under Oklahoma law, a primary insurer owes its insured a duty to initiate settlement negotiations with a third-party claimant if the insured's liability to the claimant is clear and the insured likely will be held liable for more than its insurance will cover.").
22. Plaintiff's claims that are in excess of Defendant's liability carrier's policy limits are herein claimed against any present or future assets of Defendant including, but not limited to, any potential claims Defendant may have against his insurance company, Progressive, for bad faith.
23. Plaintiff agrees to make available for inspection and copying, at the office of Plaintiff's counsel, the documents or other evidentiary material, not privileged or protected from disclosure, on which the above computations are based, including materials bearing on the nature and extent of injuries suffered at a mutually agreed time for Defendant and Plaintiffs.
WHEREFORE, Plaintiff prays that she be granted judgment against Defendant for the total sum of Plaintiff's damages caused by or sustained as a result of Defendant's negligence in a sum in excess of the amount required for diversity jurisdiction pursuant to section 1332 of title 28 of the United States Code, plus such costs, prejudgment interest, and other relief this court deems equitable and just.
Respectfully submitted,
[Signature]
Robert L. Rode, OBA #14307
Nathan W. Solomon, OBA #35237
The Rode Law Firm
6136 East 32nd Place
Tulsa, OK 74135
918-599-8880
Fax: 918-599-8863
Attorneys for the Plaintiff
Oklahoma Official Collision Report
Type: Crash
Vehicles: 2
Commercial: 0
Pedestrians: 0
Pedalcyclists: 0
Injuries: 1
Fatalities: 0
Photos Taken: No
Location: S MEMORIAL DR and E 33RD ST S
Date of Collision: 04/30/2024
Day of Week: TUESDAY
Time of Collision: 17:57
Date of Report: 05/01/2024
Locality: Mixed Use
County: Tulsa
City: Tulsa
Latitude: 36.11444
Longitude: -95.88651
Unit 1
# Occup: 1
Last Name: ferrel
First Name: moragen
MI: SFX
Address: 10620 s lakewood ave
City: Tulsa
Zip: OK 74137
Date of Birth: 28
Sex: F
DLN:
DL State: OK
DL Class: D/Regular
DL Status: Valid License
Injury Severity: (O) No Apparent Injury
Condition: Apparently Normal
Restraint Systems: Air Bag Not Deployed
Ejected: Not Ejected
Not Ejected:
Endorsements:
Alcohol Suspected:
Test Status: Test Not Given
Alcohol Method:
BAC: Pending
Drug Use Suspected:
Test Status: Test Not Given
Drug Method:
Drug Test Results: Pending
Owner Information:
Driver is Owner: ✓
Owner Last Name:
First Name:
MI: SFX
Restrictions:
Owner Address (Street, City, State, Zip):
Vehicle Information:
Year: 2011
Make: Toyota
Model: Camry
VIN: 4T1BK3EK8BU613571
Color: Maroon
Plate #: NAZ329
Plate State: OK
Plate Exp: 9/2024
Insurance Company: progressive
Insurance Phone #: 8886714405
Policy #: na
Passenger Car
Special Function Unknown
Vehicle Removal Not towed
Removed By: Personal Wrecker
Contributing Circumstance: Steering
Visibility Obscured By: Unknown
Traffic Control Device: Not Applicable
Traffic Control Signal: Not Distracted
Contributing Factor 1: Followed Too Closely - Human Element
Contributing Factor 2: Failed To Stop - Other
Pre-Crash Action: Extent of Damage Disabling Damage
Movements Essentially Straight Ahead: Surface Type: Blacktop
Speed Involved: NO
Roll: NO
Burned: NO
Direction: North
Alignment: Straight
Grade: Level
Total Lanes: 2
Legal Speed: 40
Most Damaged Area: No Damage
Motor Vehicle in Transport
Sequence of Events: Motor Vehicle In Transport
Unit 2
# Occup: 1
Last Name: henry
First Name: Deborah
MI: SFX
Address: 3123 s 88th ea
City: Tulsa
Zip: OK 74145
Date of Birth: 43
Sex: F
DLN:
DL State: OK
DL Class: D/Regular
DL Status: Valid License
Injury Severity: (C) Possible Injury
Injury Area: Spine
Condition: Apparently Normal
Restraint Systems: Air Bag Not Deployed
Ejected: Not Ejected
Not Ejected:
Endorsements:
Alcohol Suspected:
Test Status: Test Not Given
Alcohol Method:
BAC: Pending
Drug Use Suspected:
Test Status: Test Not Given
Drug Method:
Drug Test Results: Pending
Owner Information:
Driver is Owner: ✓
Owner Last Name:
First Name:
MI: SFX
Restrictions:
Owner Address (Street, City, State, Zip):
Vehicle Information:
Year: 2021
Make: Toyota
Model: Sienna
VIN: 6TDYRKEC8MS040854
Color: Silver
Plate #: LHE667
Plate State: OK
Plate Exp: 6/2024
Insurance Company: state farm
Insurance Phone #: 8007828332
Policy #: 3825495175
Passenger Van (< 9 seats)
Special Function: No Special Function
Vehicle Removal Not towed
Removed By:
Contributing Circumstance: Body, Doors
Visibility Obscured By: Driver/Distracted By Not Applicable
Traffic Control Device: Traffic Control Signal: Not Distracted
Traffic Controls Functional Functioning Properly
Contributing Factor 1: Unknown/No Improper Act - Avoiding Other Vehicle
Contributing Factor 2: Pre-Crash Action Movements Essentially Straight Ahead
Extent of Damage Minor Damage
Surface Type: Blacktop
Speed Involved: NO
Roll: NO
Burned: NO
Direction: North
Alignment: Two-Way - Divided
Grade: Level
Total Lanes: 2
Legal Speed: 40
Most Damaged Area: No Damage
Most Harmful Event: Motor Vehicle In Transport
Sequence of Events: Motor Vehicle In Transport
Oklahoma Official Collision Report
Type Crash
Vehicles 2
Commercial 0
Pedestrians 0
Pedalcyclists 0
Injuries 1
Fatalities 0
Photos Taken No
No LV/CMV Data Entered.
No Passenger Data Entered.
Unit # 2
Last Name Henry
First Name Deborah
MI
Address (Country, Street, City, State, Zip)
USA 3123 S 88th ea, Tulsa OK 74145
EMS Run # 138
EMS Agency Name EMSA
Transported By EMS Ground
Transported to Medical Facility Hillcrest
No Trailer Data Entered.
Weather Condition Clear
Light Condition Daylight
Road Surface Conditions Dry
Type of Intersection T-Intersection
Relation to Junction Non-Junction
Interchange Related NO
Railroad Crossing #
Type of Work Zone
Workzone Information
Location of Work Zone Collision
Workers Present
Secondary Crash Type Other (Narrative)
Any Roadways/Lanes Blocked NO
Secondary Crash Information
Original Collision Start Date Start Time 00:00
Original Collision Cleared Date Cleared Time 00:00
Lane(s) Blocked
Lane Blocked Date Block Time 00:00
Lane Cleared Date Cleared Time 00:00
No Property Damage Data Entered.
Investigating Officer AARON WOLFE
Agency TULSA POLICE DEPARTMENT
Badge 02593
Troop/Division TULSA POLICE DEPARTMENT
Reviewing Officer James Peters
Agency TULSA POLICE DEPARTMENT
Badge 01927
Troop/Division TULSA POLICE DEPARTMENT
Oklahoma Official Collision Report
Type Crash
Vehicles 2
Commercial 0
Pedestrians 0
Pedalcyclists 0
Injuries 1
Fatalities 0
Photos Taken No
Diagram
Narrative
On 4/30/2024 @ 1757 hrs I was dispatched to the above location for a 2 car collision. Upon arrival I found that there were actually 2 separate, 2 car collisions. One collision, caused the other.
I then made contact with all units to make sure nobody was injured. I found that the driver of unit 2, in this collision, Deborah Henry had a possible injury to her back. She was then transported to Hillcrest by EMSA Unit 138. Her husband was on scene when I arrived and took possession of the car after the investigation was complete.
I then spoke with the Driver of unit 1 Moragen Ferrell: Ferrell said that she was in the outside lane going northbound on S. Memorial directly behind unit 2. She said that she noticed traffic was moving slowly but she had a green light so she proceeded forward. Then all of the sudden unit 2 slams on their brakes and she didn't have enough time to stop and she ran into the back of unit 2.
*Office Dawes got unit 2 driver, Deborah Henry's statement before she was loaded onto the EMSA Bus.
Unit 2, Deborah Henry's statement:
Henry said that she was going northbound on S. Memorial and that she had a green light at 33rd St. She proceeds forward with the green light and all of the sudden she notices that there is a black sedan directly in front her that she thinks was just in a collision. She immediately slams on her brakes not to hit this other car and is struck in the rear by unit 1.
Unit 2 in this collision did not collide with unit 1 of the collision directly in front of them.
Collision occurred in the city and county of Tulsa
E 33rd St S & Memorial Dr
E 33rd St S & Memorial Dr
Google Maps
Imagery ©2026 Google, Imagery ©2026 Airbus, Map data ©2026 20 ft.
EXHIBIT 24
Google Images of location of collision [https://www.google.com/maps/place/E+33rd+S+&+Memorial+Dr,+Tulsa,+OK+74145/@36.1145061,-95.8870354,105m/data=!3m11!1e3!4m63!5i1s0x87b68d4dc1439ac5:30x4f8288434b122681c8m213d36.11437551]
https://www.google.com/maps/place/E+33rd+S+&+Memorial+Dr,+Tulsa,+OK+74145/@36.1145061,-95.8870354,105m/data=!3m11!1e3!4m63!5i1s0x87b68d4dc1439ac5:30x4f8288434b122681c8m213d36.11437551...
24.2 Google images of location of collision
https://www.google.com/maps/place/E+33rd+St+S+%26+Memorial+Dr,+Pulsa,+OK+74145/@36.114443,-95.8867336,41m/data=!3m1!1e3!4m6!3m5!1s0x87b68d4dc1439ac5:0x4f828a43b122bb81e8m2!1d36.1143755!4d…
Google Maps
E 33rd St S & Memorial Dr
Imagery ©2026 Google, Map data ©2026, Map data ©2026 10 ft
E 33rd St S & Memorial Dr
Intersection
Tulsa
Houston
Directions Save Nearby Send to phone Share
Sugar Land
Tulsa, OK 74145
Add a missing place
Casey's
Add your business
Bomringa.
Add a label
Your Maps history
Photos
Rise
Souffle...
24:3 Google images of location of collision
E 33rd St S & Memorial Dr
Intersection
Tulsa
Directions Save Nearby Send to phone Share
Super LEOC
Add a missing place
Casey's
Add your business
Boeinga...
Add a label
Your Maps history
Photos
24.4 Google images of location of collision
Appendix B. Life Expectancy Tables
Table I
(Single Life Expectancy)
(For Use by Beneficiaries)
<table>
<tr>
<th>Age</th>
<th>Life Expectancy</th>
<th>Age</th>
<th>Life Expectancy</th>
</tr>
<tr><td>0</td><td>84.6</td><td>30</td><td>55.3</td></tr>
<tr><td>1</td><td>83.7</td><td>31</td><td>54.4</td></tr>
<tr><td>2</td><td>82.8</td><td>32</td><td>53.4</td></tr>
<tr><td>3</td><td>81.8</td><td>33</td><td>52.5</td></tr>
<tr><td>4</td><td>80.8</td><td>34</td><td>51.5</td></tr>
<tr><td>5</td><td>79.8</td><td>35</td><td>50.5</td></tr>
<tr><td>6</td><td>78.8</td><td>36</td><td>49.6</td></tr>
<tr><td>7</td><td>77.9</td><td>37</td><td>48.6</td></tr>
<tr><td>8</td><td>76.9</td><td>38</td><td>47.7</td></tr>
<tr><td>9</td><td>75.9</td><td>39</td><td>46.7</td></tr>
<tr><td>10</td><td>74.9</td><td>40</td><td>45.7</td></tr>
<tr><td>11</td><td>73.9</td><td>41</td><td>44.8</td></tr>
<tr><td>12</td><td>72.9</td><td>42</td><td>43.8</td></tr>
<tr><td>13</td><td>71.9</td><td>43</td><td>42.9</td></tr>
<tr><td>14</td><td>70.9</td><td>44</td><td>41.9</td></tr>
<tr><td>15</td><td>69.9</td><td>45</td><td>41.0</td></tr>
<tr><td>16</td><td>69.0</td><td>46</td><td>40.0</td></tr>
<tr><td>17</td><td>68.0</td><td>47</td><td>39.0</td></tr>
<tr><td>18</td><td>67.0</td><td>48</td><td>38.1</td></tr>
<tr><td>19</td><td>66.0</td><td>49</td><td>37.1</td></tr>
<tr><td>20</td><td>65.0</td><td>50</td><td>36.2</td></tr>
<tr><td>21</td><td>64.1</td><td>51</td><td>35.3</td></tr>
<tr><td>22</td><td>63.1</td><td>52</td><td>34.3</td></tr>
<tr><td>23</td><td>62.1</td><td>53</td><td>33.4</td></tr>
<tr><td>24</td><td>61.1</td><td>54</td><td>32.5</td></tr>
<tr><td>25</td><td>60.2</td><td>55</td><td>31.6</td></tr>
<tr><td>26</td><td>59.2</td><td>56</td><td>30.6</td></tr>
<tr><td>27</td><td>58.2</td><td>57</td><td>29.8</td></tr>
<tr><td>28</td><td>57.3</td><td>58</td><td>28.9</td></tr>
<tr><td>29</td><td>56.3</td><td>59</td><td>28.0</td></tr>
</table>
EXHIBIT 61
Appendix B. (Continued)
Table I
(Single Life Expectancy)
(For Use by Beneficiaries)
<table>
<tr>
<th>Age</th>
<th>Life Expectancy</th>
<th>Age</th>
<th>Life Expectancy</th>
</tr>
<tr>
<td>60</td>
<td>27.1</td>
<td>91</td>
<td>5.3</td>
</tr>
<tr>
<td>61</td>
<td>26.2</td>
<td>92</td>
<td>4.9</td>
</tr>
<tr>
<td>62</td>
<td>25.4</td>
<td>93</td>
<td>4.6</td>
</tr>
<tr>
<td>63</td>
<td>24.5</td>
<td>94</td>
<td>4.3</td>
</tr>
<tr>
<td>64</td>
<td>23.7</td>
<td>95</td>
<td>4.0</td>
</tr>
<tr>
<td>65</td>
<td>22.9</td>
<td>96</td>
<td>3.7</td>
</tr>
<tr>
<td>66</td>
<td>22.0</td>
<td>97</td>
<td>3.4</td>
</tr>
<tr>
<td>67</td>
<td>21.2</td>
<td>98</td>
<td>3.2</td>
</tr>
<tr>
<td>68</td>
<td>20.4</td>
<td>99</td>
<td>3.0</td>
</tr>
<tr>
<td>69</td>
<td>19.6</td>
<td>100</td>
<td>2.8</td>
</tr>
<tr>
<td>70</td>
<td>18.8</td>
<td>101</td>
<td>2.6</td>
</tr>
<tr>
<td>71</td>
<td>18.0</td>
<td>102</td>
<td>2.5</td>
</tr>
<tr>
<td>72</td>
<td>17.2</td>
<td>103</td>
<td>2.3</td>
</tr>
<tr>
<td>73</td>
<td>16.4</td>
<td>104</td>
<td>2.2</td>
</tr>
<tr>
<td>74</td>
<td>15.6</td>
<td>105</td>
<td>2.1</td>
</tr>
<tr>
<td>75</td>
<td>14.8</td>
<td>106</td>
<td>2.1</td>
</tr>
<tr>
<td>76</td>
<td>14.1</td>
<td>107</td>
<td>2.1</td>
</tr>
<tr>
<td>77</td>
<td>13.3</td>
<td>108</td>
<td>2.0</td>
</tr>
<tr>
<td>78</td>
<td>12.6</td>
<td>109</td>
<td>2.0</td>
</tr>
<tr>
<td>79</td>
<td>11.9</td>
<td>110</td>
<td>2.0</td>
</tr>
<tr>
<td>80</td>
<td>11.2</td>
<td>111</td>
<td>2.0</td>
</tr>
<tr>
<td>81</td>
<td>10.5</td>
<td>112</td>
<td>2.0</td>
</tr>
<tr>
<td>82</td>
<td>9.9</td>
<td>113</td>
<td>1.9</td>
</tr>
<tr>
<td>83</td>
<td>9.3</td>
<td>114</td>
<td>1.9</td>
</tr>
<tr>
<td>84</td>
<td>8.7</td>
<td>115</td>
<td>1.8</td>
</tr>
<tr>
<td>85</td>
<td>8.1</td>
<td>116</td>
<td>1.8</td>
</tr>
<tr>
<td>86</td>
<td>7.6</td>
<td>117</td>
<td>1.6</td>
</tr>
<tr>
<td>87</td>
<td>7.1</td>
<td>118</td>
<td>1.4</td>
</tr>
<tr>
<td>88</td>
<td>6.6</td>
<td>119</td>
<td>1.1</td>
</tr>
<tr>
<td>89</td>
<td>6.1</td>
<td>120+</td>
<td>1.0</td>
</tr>
</table>
