Date: 03-22-2005

Case Style: Carlos Brewer v. Donald Hendrix and West American

Case Number: CJ-2004-4391

Judge: Jane Wiseman

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney:

Edwin Ash of the Ash Law Firm, Tulsa, Oklahoma

Defendant's Attorney:

Wm. Baron VanBurkleo, Allstate Insurance Company, Tulsa, Oklahoma

Description:

The Plaintiff said that he was on his way home after work at about 4:45pm. He was driving a 1998 Nissan Altima WB on I-244 in Tulsa approaching the Delaware Street on-ramp. I-244 is a four-lane highway and Plaintiff said that he was in the second lane to the right, or Lane B. He claimed that the Defendant, who was driving a GMC Sonoma p/u truck, suddenly and without warning, swerved his truck from Lane A into Lane B. Plaintiff claimed that he could not avoid and stuck the Defendant's driver side door. After impact, Plaintiff spun ninety degrees, came to a stop in Lane C, and then drove across Lanes A and B onto the shoulder behind Defendant.

Defendant stated that he was WB on I-244 approaching the Delaware Street on-ramp in Lane A. As he approached the on-ramp, he could see a line of cars entering the highway. He said he decreased his speed and a red foreign car jumped across the no-passing zone directly in front of him. He had said that looked left and then made a "quick' lane change into Lane B. There was no contact between the Defendant and the red car. Defendant said that he was fully established into Lane B for a number of seconds when his left door was struck by the Defendant. He was either pushed or drove back into Lane A where his left front bumper made slight contact with the right rear of a non-party Subaru. He then stopped on the shoulder to wait for the Plaintiff.

Plaintiff claimed neck and back strain/sprain injuries. He also had an MRI showing a very tiny annular tear at C4-5. He continues to complain of some stiffness in his neck. He was treated at his PCP on 6/15/04, the day after the collision, and was given meds. He next treated with Dr. Trinidad and the Physical Conditioning Center from 7/15/04 through 9/29/04. His medical specials were $3,841.00. There was no claim for lost wages.

Outcome: Plaintiff's verdict for $15,000.00

Plaintiff's Experts: Kenneth Trinidad, D.O., Tulsa, OK

Defendant's Experts: Sami Framjee, M.D., Tulsa, OK

Comments: Reported by Wm. Baron VanBurkleo