CJ-2026-00103 - Tiffany Phillips v. Bobby J. Smith d/b/a Smith Sand and Gravel

What's This Case About?

Let’s be real: how many times do you hear about a 16-year-old kid getting T-boned by a full-grown commercial sand truck and not immediately assume someone dropped the ball harder than a dropped load of gravel? That’s exactly what happened in Chickasha, Oklahoma—except now, the parents are suing for $150,000, and the sand company might be on the hook not just for negligence, but for handing the keys to a guy who, according to the filing, should’ve never been behind the wheel in the first place. Buckle up, because this isn’t just a car crash. This is a paperwork pileup of red flags, federal regulations, and one very angry mom.

Meet Tiffany Phillips, the plaintiff and mom of Minor J.P., a teenager who, on April 22, 2024, was driving his own vehicle near the intersection of US-62 and County Street 2880—basically, a regular road in a regular Oklahoma town. Nothing about that day screamed “life-changing collision.” But then, out of nowhere, Charles Dykes—professional truck driver, Class C license holder, and employee (or agent, or servant, or statutory employee—lawyers love their synonyms) of Smith Sand and Gravel—comes barreling through in a commercial motor vehicle and smacks into the kid’s car. We don’t know the exact speed, the weather, or whether Minor J.P. ran a light (the petition doesn’t say he did), but we do know the outcome: injuries, medical bills, pain, suffering, and a mom who’s now suing two defendants for a combined $150,000 in damages—half compensatory, half punitive. And honestly? The math might be the least complicated part of this mess.

So who are these people? On one side, you’ve got Tiffany Phillips, doing what every parent fears: stepping in as “next friend” to represent her injured child in court. She’s not a lawyer, but she’s got one—Monty L. Cain of the Cain Law Office, who’s no stranger to holding trucking companies accountable. On the other side? Charles Dykes, the guy allegedly behind the wheel, and Bobby J. Smith, the man who runs Smith Sand and Gravel, a small commercial sand-hauling operation that, based on the DOT number cited in the petition (1653877), is registered with the federal government to move heavy loads across state lines. That’s important, because once you’re hauling commercially across state lines, Uncle Sam starts watching—via the Federal Motor Carrier Safety Regulations, or FMCSRs, which are basically the rulebook for keeping 80,000-pound death machines off your minivan.

And here’s where the story goes from “oops” to “ohhh, really?” Because according to the petition, Dykes wasn’t just driving carelessly—he was allegedly speeding, not paying attention, possibly tailgating, and generally operating like someone who treats traffic laws as suggestions. But the real bombshell isn’t just that he crashed. It’s that the company that employed him might have known he was a ticking time bomb on wheels. The lawsuit claims Smith Sand and Gravel negligently entrusted Dykes with a commercial vehicle—meaning they either knew or should have known he was unqualified, reckless, or just plain bad at his job. And how would they have known? Well, the feds require background checks. They require ongoing monitoring of driving records. They require training. Supervision. Hours-of-service logs. And if Smith Sand and Gravel skipped any of that? That’s not just bad business. That’s a lawsuit waiting to happen.

The legal claims here are a three-course meal of liability. First: Negligence and gross negligence against Dykes. Translation? He messed up, and he messed up so badly that it wasn’t just a mistake—it was reckless. Speeding, failing to keep control, not looking where he was going—these aren’t minor traffic tweaks. These are the kind of things that make insurance adjusters sigh and judges raise eyebrows. Second: Vicarious liability against Smith Sand and Gravel. Fancy term, simple idea: if your employee screws up while doing their job, you pay. That’s the doctrine of respondeat superior—Latin for “the boss answers for the worker.” So even if Bobby Smith wasn’t anywhere near the crash, his company could still be on the hook because Dykes was driving their truck, on their time, under their DOT authority. Third: Negligent entrustment—which is like vicarious liability’s edgier cousin. It says, “Hey, you didn’t just benefit from this guy’s work—you knew he was dangerous and gave him a weapon anyway.” And in this case, the “weapon” is a multi-ton sand truck.

Now, let’s talk money. The Phillips family is asking for at least $75,000 in compensatory damages—covering medical bills, pain, suffering, and the emotional toll of a life-altering crash. Is that a lot? For a minor? In Oklahoma? Honestly, not really. One serious hospital visit, a few surgeries, some physical therapy—bam, you’re past $50K easy. But then there’s the other $75,000: punitive damages. And that’s where things get spicy. Punitive damages aren’t about paying for what happened. They’re about punishing bad behavior. They say, “You didn’t just mess up—you acted like a total jerk, and we’re gonna make sure you think twice next time.” And asking for $75,000 in punitive damages? That’s a message. It’s not just “pay for the harm.” It’s “you should’ve known better.”

So what’s our take? Look, car accidents happen. Teens get hit. Trucks are big, cars are small, physics is undefeated. But this case stinks—not of diesel, but of corner-cutting. A commercial sand company operating under federal regulations has to follow the rules. They have to check driver histories. They have to train, supervise, and monitor. And if they didn’t? If they just handed Dykes the keys and said “go make us money,” while ignoring red flags in his driving record? That’s not just negligent. That’s the kind of corporate shrug that makes people lose faith in the whole system. And honestly? We’re rooting for the kid. Not because we think every truck driver is a menace, but because when you’re hauling industrial loads on public roads, “oops” isn’t good enough. You don’t get to play cowboy with someone else’s child’s safety.

So while this isn’t a murder mystery or a celebrity scandal, it’s still a story worth telling. A mom fights for her kid. A trucking company might’ve cut corners. And somewhere in Chickasha, a teenager is left picking up the pieces—literally and figuratively. And if the court agrees with the petition? Then Smith Sand and Gravel might just learn the hard way that in the world of commercial trucking, trust is earned—not negligently entrusted.

Case Overview

Petition

Jurisdiction

District Court, Oklahoma

Filing Attorney

Monty L. Cain

Cain Law Office

Relief Sought

$75,000 Monetary

$75,000 Punitive

Plaintiffs

Tiffany Phillips individual
Rep: Cain Law Office

Defendants

Bobby J. Smith d/b/a Smith Sand and Gravel business
Charles Dykes individual

Claims

#	Cause of Action	Description
1	Negligence/Gross Negligence	Defendant Charles Dykes negligently drove a commercial motor vehicle and struck the vehicle operated by Minor J.P.
2	Vicarious Liability	Defendant Smith Sand and Gravel is vicariously liable for the negligent acts of Defendant Charles Dykes
3	Negligent Entrustment	Defendant Smith Sand and Gravel negligently entrusted Defendant Charles Dykes with its commercial motor vehicle

Petition Text

1,300 words

IN THE DISTRICT COURT OF GRADY COUNTY STATE OF OKLAHOMA TIFFANY PHILLIPS, as Next Friend and Parent to Minor J.P., Plaintiff, v. BOBBY J. SMITH d/b/a SMITH SAND & GRAVEL, and CHARLES DYKES, Defendants. MAR 31 2026 MICA HACKNEY, Court Clerk By Deputy Case No: CJ-2024-103 PETITION COMES NOW the Plaintiff, Tiffany Phillips, as Next Friend and Parent to Minor J.P., and for her cause of action against the Defendants, Bobby J. Smith d/b/a Smith Sand and Gravel ("Smith Sand and Gravel"), and Charles Dykes, alleges and states: FACTUAL ALLEGATIONS 1. On or about April 22, 2024, at or near the intersection of highway US-62 and County Street 2880, in Chickasha, Grady County, State of Oklahoma, Defendant, Charles Dykes, negligently drove a commercial motor vehicle and struck the vehicle operated by Minor J.P., Plaintiff Tiffany Phillips’s minor son. 2. At all material times mentioned herein, Defendant Charles Dykes was a professional tractor-trailer driver, held a Class C driver’s license, and was operating a commercial motor vehicle. 3. At all material times mentioned herein, Defendant Charles Dykes was operating a commercial motor vehicle owned by Defendant Smith Sand and Gravel, a commercial motor carrier. 4. Upon information and belief, the commercial motor vehicle was being operated under the US DOT operating authority of Defendant, Smith Sand and Gravel, DOT #1653877. 5. At all material times mentioned herein, Defendant Charles Dykes was acting in his capacity as an employee and/or agent of Defendant Smith Sand and Gravel, and was in the course and scope of his employment, statutory employment, or agency with Defendant Smith Sand and Gravel. 6. At all material times mentioned herein, Defendant Charles Dykes was operating the commercial motor vehicle at issue with Defendant Smith Sand and Gravel’s permission. 7. At all times material and relevant hereto, Defendants, Charles Dykes, and Smith Sand and Gravel, 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/GROSS NEGLIGENCE DEFENDANT CHARLES DYKES Plaintiff, Tiffany Phillips, as Next Friend and Parent to Minor J.P., re-alleges and incorporates by reference the foregoing paragraphs and states: 8. At all material times mentioned herein, Defendant Charles Dykes 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; 9. Upon information and belief, Defendant Charles Dykes acted with reckless disregard to the rights and safety of others, warranting the imposition of punitive damages. 10. As a direct and proximate result of the negligence of the Defendant, Charles Dykes, Minor J.P., 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. 11. Upon information and belief, Defendant Charles Dykes’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. SECOND CAUSE OF ACTION: VICARIOUS LIABILITY DEFENDANT SMITH SAND AND GRAVEL Plaintiff, Tiffany Phillips, as Next Friend and Parent to Minor J.P., re-alleges and incorporates by reference the foregoing paragraphs and states: 12. At all material times mentioned herein, Defendant Charles Dykes was the employee, statutory employee, agent, and/or servant of Defendant Smith Sand and Gravel. 13. All actions of Defendant Charles Dykes, specified herein occurred within the course and scope of such employment, statutory employment, or agency with Defendant Smith Sand and Gravel. 14. Under the doctrine of respondeat superior, Defendant Smith Sand and Gravel is vicariously liable for the negligent acts of Defendant Charles Dykes. 15. Defendant Smith Sand and Gravel is liable for the punitive damages of its employee Defendant Charles Dykes under respondeat superior. THIRD CAUSE OF ACTION: NEGLIGENT ENTRUSTMENT DEFENDANT SMITH SAND AND GRAVEL Plaintiff, Tiffany Phillips, as Next Friend and Parent to Minor J.P., re-alleges and incorporates by reference the foregoing paragraphs and states: 16. Upon information and belief, Defendant Smith Sand and Gravel failed to properly train Defendant Charles Dykes in the safe use of its vehicles, thereby causing and contributing to Plaintiff Minor J.P.’s injury. 17. Defendant Smith Sand and Gravel negligently entrusted Defendant Charles Dykes with its commercial motor vehicle, and knew or should have known that Defendant Charles Dykes was incompetent to drive the commercial motor vehicle. 18. Defendant Smith Sand and Gravel knew or should have known that driver Defendant Charles Dykes 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. 19. As a motor carrier, Defendant Smith Sand and Gravel 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 Charles Dykes, the duty to properly train Defendant Charles Dykes, the duty to properly supervise Defendant Charles Dykes, the duty to monitor the hours of service of Defendant Charles Dykes, 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. 20. Upon information and belief, Defendant Smith Sand and Gravel negligently failed to properly qualify Defendant Charles Dykes before hiring him, failed to properly supervise him thereafter, and failed to discharge him from employment thereafter. 21. Defendant Smith Sand and Gravel’s failure to properly hire, supervise, and train Defendant Charles Dykes was negligent, grossly negligent, reckless, and caused Plaintiff’s damages as described herein. 22. If Defendant Smith Sand and Gravel had performed a proper federally required background check into the prior driving history of Defendant Charles Dykes, and performed a federally required mandate to monitor and investigate Defendant Charles Dykes’s driving conduct throughout his employment or agency with Defendant Smith Sand and Gravel, then Defendant Smith Sand and Gravel would have discovered that Defendant Charles Dykes, 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. 23. As a direct and proximate result of the negligence of Defendant Smith Sand and Gravel, Minor J.P. has sustained bodily injuries; has incurred medical expenses; and has experienced pain and suffering all in an amount in excess of $75,000.00. 24. Upon information and belief, Defendant Smith Sand and Gravel’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 Charles Dykes, and the negligent entrustment of a commercial motor vehicle to Defendant Charles Dykes, warranting the imposition of punitive damages in an amount in excess of $75,000.00. WHEREFORE, Plaintiff, Tiffany Phillips, as Next Friend and Parent to Minor J.P., prays for judgment against the Defendants, Bobby J. Smith d/b/a Smith Sand and Gravel, and Charles Dykes, for personal injuries and property damage in an amount in excess of $75,000, punitive damages 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 Anthony M. Alfonso, OBA #32722 P.O. Box 892098 Oklahoma City, OK 73189 (405) 759-7400 – Phone (405) 759-7424 – Facsimile [email protected] ATTORNEY’S LIEN CLAIMED