Joseph Gastineau v. John Wells

IN THE DISTRICT COURT OF BRYAN COUNTY STATE OF OKLAHOMA JOSEPH GASTINEAU, an Individual, Plaintiff, v. JOHN WELLS, an Individual, Defendant. PETITION COMES NOW, the Plaintiff, Joseph Gastineau, and for his cause of action against the Defendant, John Wells, and states as follows: 1. The residential address of Defendant John Wells is 2100 Sterret Road in Calera, Oklahoma. 2. Plaintiff Joseph Gastineau is a resident of Bryan County. 3. Oklahoma has jurisdiction over this matter as all parties are residents of the State of Oklahoma 4. Venue is proper in Bryan County because the collision occurred in Oklahoma County. 5. Upon information and belief, the crash took place on or about March 4, 2024, at or near the intersection of Jasey Lane and US-70 Street in Mead, Oklahoma. 6. Defendant John Wells was negligent in the operation of his vehicle on March 4, 2024. 7. Defendant John Wells failed to devote his full time and attention to the roadway, causing a collision between his vehicle and the vehicle driven by Plaintiff Joseph Gastineau. 8. Defendant John Wells’s actions and inactions in the crash were not what a reasonably careful person would have done under similar circumstances. 9. Defendant John Wells’s failure to slow and/or stop consistent with the flow of traffic constitutes negligence per se under Oklahoma Law. 10. Defendant John Wells’s failure to devote his full time and attention to the roadway constitutes negligence per se under Oklahoma Law. 11. Defendant John Wells’s failure to maintain control of his lane of travel and/or failure to ascertain that it was safe to be moved from his lane of travel constitutes negligence per se under Oklahoma Law. 12. Defendant John Wells’s failure to control his vehicle and pay attention while driving constitutes negligence per se under Oklahoma Law. 13. Plaintiff Joseph Gastineau did not contribute in any way to the crash that occurred on or about March 4, 2024. 14. At all relevant times, Plaintiff Joseph Gastineau was operating his vehicle in a lawful and reasonable manner. 15. As a direct and proximate result of Defendant John Wells’s negligence, Plaintiff Joseph Gastineau sustained personal injuries. 16. Plaintiff Joseph Gastineau is claiming personal injury damages, punitive damages; pre-judgment and post-judgment interest; costs of court; and for all other relief to which he may be entitled to under law. 17. Plaintiff is required by law to state in this Petition whether he is seeking damages of more than seventy-five thousand dollars ($75,000.00) for the damages he suffered. 18. Plaintiff seeks compensation for personal injury damages in an amount exceeding the jurisdictional minimum required for diversity jurisdiction pursuant to 28 U.S.C. § 1332. WHEREFORE, Plaintiff Joseph Gastineau prays for judgment against Defendant as set forth above, together with costs, attorney fees, pre-judgment and post-judgment interest, and other such relief this Court deems just and proper. Respectfully submitted, Noble McIntyre, OBA #16359 Jeremy Thurman, OBA #19586 Jordan Klingler, OBA #31233 Monica Schweighart, OBA #32815 Brenda O’Dell, OBA #35189 Sarah Ramsey, OBA #35716 Daniel Zonas, OBA #36317 Payson Ramirez, OBA #36767 McIntyre Law, P.C. 8601 S. Western Avenue Oklahoma City, Oklahoma 73139 T: (405) 917-5250 F: (405) 917-5405 [email protected] ATTORNEYS FOR PLAINTIFF ATTORNEYS’ LIEN CLAIMED