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TULSA COUNTY • CJ-2026-1141

Wahi Foster and Rose Licciardello v. Hayden Spencer

Filed: Mar 12, 2026
Type: CJ

What's This Case About?

Let’s get one thing straight: this is not your average fender-bender. We’re not talking about a scratch on a bumper or a passive-aggressive honk at a red light. No, this is a full-on, domino-effect, three-car pileup allegedly caused by a 2005 Lexus ES with brakes so questionable they might as well have been held together by duct tape and prayers. And now, two people are suing the driver for $75,000, claiming he wasn’t just careless—he was legally reckless, violating not one, not two, but three Oklahoma traffic laws in the process. Welcome to the asphalt drama of Tulsa County, where brake failure meets legal firepower.

Meet Wahi Foster and Rose Licciardello, a duo who, until June 18, 2024, probably thought their biggest concern that day was whether their 2007 Ford Taurus had enough gas to get them where they were going. Foster was behind the wheel, Licciardello riding shotgun—just two Okmulgee residents minding their business in Tulsa County, likely discussing the weather, the radio station, or maybe whether that gas station burrito was worth the risk. Then—BAM. Out of nowhere, a 2005 Lexus ES, piloted by one Hayden Spencer of Chouteau, Oklahoma, allegedly plows into the back of their Taurus with enough force to shove them into a third, already-stopped vehicle. The domino effect was complete. The aftermath? Injuries, pain, medical bills, and a legal grenade now rolling straight into the District Court of Tulsa County.

Now, let’s talk about Hayden Spencer. We don’t know if he was texting, daydreaming about his fantasy football team, or just vibing to some smooth jazz on the radio. What we do know—according to the lawsuit—is that he was driving a car with deficient brakes. That’s not just a casual observation. That’s a legal landmine. The petition doesn’t mince words: Spencer’s vehicle was allegedly unsafe to operate, and his failure to maintain it turned a routine drive into a high-speed game of vehicular whack-a-mole. And according to the plaintiffs, this wasn’t just bad luck—it was negligence. Not the “oops, I didn’t see you” kind. The “you had a legal duty to not turn your car into a rolling hazard” kind.

So what exactly happened? The filing paints a picture of a rear-end collision that wasn’t just avoidable—it was preventable. Foster’s Taurus was stopped or slowing down (the petition doesn’t specify, but it was in front of a third vehicle, so we’re guessing traffic was moving at approximately “Oklahoma rush hour” speed—i.e., slower than a sloth on sedatives). Spencer, coming up from behind, allegedly failed to stop in time. Why? Either he wasn’t paying attention, or his brakes were so shot they couldn’t handle the job. The result? A chain reaction smash that left Foster and Licciardello with injuries serious enough to warrant a lawsuit demanding over $75,000. That’s not chump change. That’s “ER visits, physical therapy, lost wages, and possibly long-term pain” territory.

Now, here’s where the lawsuit gets spicy. The plaintiffs aren’t just claiming Spencer was negligent—they’re claiming negligence per se. Fancy legal term, simple meaning: when someone breaks a law designed to protect public safety, and someone gets hurt because of it, that’s not just carelessness—it’s automatic negligence. Think of it like running a red light. You don’t need to prove you were being reckless—you broke the rule, someone got hurt, and boom: liability. In this case, the plaintiffs allege Spencer violated three Oklahoma statutes: following too closely (47 O.S. § 11-310), and two brake-related laws (47 O.S. §§ 12-301 and 12-302), which require vehicles to have functioning brakes capable of stopping safely. So not only was he allegedly tailgating, but his car might not have been legally roadworthy to begin with. That’s like showing up to a knife fight with a butter knife—and then blaming the other guy for getting cut.

And get this: the plaintiffs are asking for punitive damages. That’s not just about covering medical bills or lost income. That’s about punishing the defendant for particularly bad behavior. It’s the legal equivalent of saying, “You didn’t just mess up—you messed up in a way that was so irresponsible, we need to slap your wrist and make an example of you.” Punitive damages are rare in car accident cases unless there’s evidence of recklessness, intoxication, or outright disregard for safety. The fact that they’re being sought here tells you everything: Foster and Licciardello aren’t just hurt—they’re pissed. And their lawyers are going for the jugular.

Now, is $75,000 a lot for a car crash? Depends. If we’re talking about a broken taillight and a $500 repair bill, then yes, that’s highway robbery. But if we’re talking about whiplash, spinal injuries, months of therapy, lost work, and ongoing pain? Suddenly, $75,000 starts to look… reasonable. Especially when you factor in punitive damages, which can ratchet up the total fast. And let’s not forget: this isn’t just about money. It’s about accountability. If Spencer was driving a death trap with no working brakes, then this lawsuit is less about revenge and more about making sure nobody else ends up in the back of an ambulance because someone couldn’t be bothered to fix their brake pads.

Oh, and one more thing: the plaintiffs demanded a jury trial. That’s not just a procedural footnote—that’s a statement. They don’t want a judge quietly deciding this in a backroom. They want twelve of Spencer’s peers to hear the story, see the evidence, and decide: was this just an accident… or was it recklessness in motion?

So what’s our take? Look, car accidents happen. We’ve all seen them. We’ve maybe even caused one (no judgment). But this case has all the ingredients of a modern-day legal soap opera: outdated vehicles, alleged brake failure, a multi-car collision, and a demand for punitive damages over a rear-end crash. The most absurd part? That someone allegedly drove a 2005 Lexus—already pushing senior citizen status for a car—with deficient brakes and thought, “Yeah, this’ll be fine.” That’s not just negligent. That’s like bringing a popsicle to a gunfight and being surprised when it melts.

We’re not saying Hayden Spencer is a villain. We’re not even saying he’s guilty. These are allegations, and he has every right to defend himself. But if the claims are true? If he was following too closely in a car that couldn’t stop? Then this lawsuit isn’t overkill—it’s long overdue. And if Foster and Licciardello win? Let’s just hope the moral of the story isn’t “drive dangerously and hope for the best,” but “get your damn brakes checked.”

Until then, keep your distance, keep your wits, and for the love of all things safe on the road—maintain your vehicle. Because in Tulsa County, at least, someone’s willing to take you to court over it.

Case Overview

Jury Trial Petition
Jurisdiction
District Court, Oklahoma
Relief Sought
$75,000 Monetary
$1 Punitive
Plaintiffs
Defendants
Claims
# Cause of Action Description
1 Negligence Plaintiffs were injured in a motor vehicle collision with Defendant, who was driving a vehicle with deficient brakes.
2 Negligence Per Se Plaintiffs claim Defendant's conduct was willful and reckless, and in violation of city and state laws.

Petition Text

684 words
IN THE DISTRICT COURT IN AND FOR TULSA COUNTY STATE OF OKLAHOMA WAHI FOSTER AND ROSE LICCIARDELLO, Plaintiff, vs. HAYDEN SPENCER Defendant. PETITION COMES NOW Wahi Foster and Rose Licciardello ("Plaintiffs"), by and through their attorneys of record, Richardson Richardson Boudreaux, PLLC and for their petition for relief in excess of $75,000 against Hayden Spencer ("Defendant"), Plaintiffs offer the following: JURISDICTION, PARTIES & VENUE 1. Plaintiffs, at all times relevant to the claims alleged herein, were individuals residing in the City of Okmulgee, Okmulgee County, State of Oklahoma, and are current residents of the State of Oklahoma. 2. Upon information and belief, Defendant was an individual residing in the City of Chouteau, Mayes County, State of Oklahoma, and is a current resident of the State of Oklahoma. 3. This Court has jurisdiction over the subject matter and the Parties. 4. Venue is also appropriate as the matters giving rise to this action occurred in TULSA County, Oklahoma. STATEMENT OF OPERATIVE FACTS 5. Plaintiff incorporates paragraphs 1 through 4 as though stated below verbatim. 6. On 6/18/2024, Plaintiff Foster was driving his 2007 Ford Taurus and was involved in a motor vehicle collision in Tulsa County, Oklahoma with Defendant, Hayden Spencer who was driving a 2005 Lexus ES. Plaintiff Rose was a passenger in the Taurus driven by Plaintiff Foster. 7. The accident occurred when Defendant, driving a vehicle with deficient brakes, struck Plaintiffs’ vehicle from behind, forcing into a third vehicle stopped in front of Plaintiffs. Plaintiffs suffered injuries from Defendant’s negligence. 8. Plaintiff reserves the right to seek leave of court to amend pleadings if and in the event additional facts become known. FIRST CLAIM FOR RELIEF: NEGLIGENCE 9. Plaintiff incorporates above paragraphs as though stated below verbatim. 10. Defendant Hayden Spencer failed in his duty to exercise due care and operate a motor vehicle in a safe and reasonable manner, as well as maintain his vehicle in a manner rendering it unsafe for operation. 11. As a direct and proximate result of Defendant’s negligent actions, a collision occurred, and Plaintiffs sustained injuries. 12. As a direct and proximate result of Defendant’s negligence, Plaintiffs suffered personal injuries, other personal and financial damages, pain and suffering, and/or loss of enjoyment of life, all in an amount exceeding seventy-five thousand dollars ($75,000) SECOND CLAIM FOR RELIEF: NEGLIGENCE PER SE 13. Plaintiff incorporates the above paragraphs as though stated below verbatim. 14. On the date of incident, and at all times relevant to this action, Defendant was in violation of City of Ordinances and/or State of Oklahoma Statutes to operate a vehicle in the manner in which Defendant operated the vehicle on the date of the subject incident. Specifically, Defendant was in violation of Oklahoma Statute Title 47 Section 11-310, Following Too Closely. 47 O.S. § 11-310. Additionally, Defendant was in violation of Oklahoma Statute Title 47 Section 12-301, Brake Equipment Required and Section 12-302, Performance Ability of Brakes. 47 O.S. §§ 12-301, 302. 15. Defendant’s conduct under the circumstances was willful and reckless. 16. The injuries and damages sustained by Plaintiff were caused by the Defendant in violation of city and/or state laws. Such negligent operation of a vehicle is the type of action intended to be prevented by the city and state laws as presently enacted. Further, Plaintiffs were in the class of persons to be protected by these city and/or state laws. 17. As a direct and proximate result of Defendant’s violation of city and state laws, Plaintiffs suffered personal injuries, other personal and financial damages, pain and suffering, and loss of enjoyment of life, making Defendant negligent per se and liable to Plaintiffs in an amount to exceed seventy-five thousand dollars ($75,000.00). PRAYER WHEREFORE, Plaintiffs prays for a judgment against Defendant in an amount in excess of seventy-five thousand dollars ($75,000), plus additional consequential damages and punitive damages, including attorney's fees and costs and any other relief to which they may be entitled due to prosecution of this action, pre and post judgment interest, and any further relief which the Court determines is due Plaintiffs. Respectfully submitted, RICHARDSON RICHARDSON BOUDREAUX JURY TRIAL DEMANDED ATTORNEY LIEN CLAIMED Charles Loy RichardsonOBA # 11747 Stephen L McClellan OBA # 15695 7447 South Lewis Avenue Tulsa, Oklahoma 74136 (918) 492-7674 Tel (918) 493-1925 Fax Attorneys for Plaintiff
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