Case Style: Annete DeBios v. Betty Ann Wohler
Case Number: CJ-2010-5302
Judge: Lisa T. Davis
Court: District Court, Oklahoma County, Oklahoma
Plaintiff's Attorney: Monty L. Cain
Defendant's Attorney: Susan Carns and Steve Dobbs
Description: Annete DeBios, individually and as next friend of M.D. and T.D., minors, sued Betty Ann Wohler on negligence theories claiming:
1. That on or about July 8th, 2009 at or near North May Avenue and Guilford
Lane in Oklahoma City, Oklahoma County, Oklahoma, Michael DeDios, Michelle
DeDios and Trinity DeDios, were passengers in a motor vehicle properly driven by
Plaintiff Annete DeDios.
2. That on or about July 8th, 2009 at or near North May Avenue and Guilford Lane in Oklahoma City, Oklahoma County, Oklahoma, Defendant, Betty Ann Wohler, negligently drove a motor vehicle, colliding with the vehicle properly operated by Plaintiff Annete DeDios.
3. That as a direct and proximate result of the negligence of the Defendant, Betty Ann Wohier, the Plaintiff, Amiete DeDios, and minors Michael De])ios, Michelle DeDios and Trinity DeDios, have sustained bodily injuries; have incurred and will incur future medical expenses; have suffered physical pain and suffering; all in an amount less than $74,999.
WHEREFORE, Plaintiff, Aimete DeDios, individually and as next friend of Michael DeDios, Michelle Dedios and Trinity DeDios, pray for judgment against Defendant, Betty Ann Wohler, for personal injuries in an amount less than $74,999, plus interest, costs, attorney fees, and all such other and further relief as to which Plaintiffs may be entitled.
Defendant answered claiming:
The Defendant admits those allegations and claims contained in Paragraph 1 of Plaintiffsâ€™ Petition.
The Defendant specifically denies those allegations and claims contained in Paragraphs 2 and 3 of Plaintiffsâ€™ Petition and demand strict proof thereof.
COMES NOW Defendant, BETTY ANN WOHLER, and states the following affirmative defenses to the Petition filed by Plaintiffs herein:
The negligence of the parties and any non-parties will be developed during discovery and Defendant herein reserves the right to plead contributory/comparative negligence at the time of pretrial.
Whether any Plaintiff suffers from any pre-existing or post-arising medical conditions will be developed during discovery and Defendant herein reserves all defenses in that regard.
Whether any Plaintiff has acted to mitigate her damages will be developed during discovery and Defendant herein reserves all defenses in that regard.
The Defendant reserves the right to add additional affirmative defenses as discovery continues.
WHEREFORE, having hilly answered, Defendant prays that Plaintiffs take nothing by way of theft Petition herein and that Defendant be dismissed with costs and attorney fees and any other relief this Court may deem equitable and just.
Outcome: JURY TRIAL: JUDGE SWINTON FOR JUDGE DAVIS: ENT: CASE COMES ON FOR JURY TRIAL. PLAINTIFF APPEARS AND WITH COUNSEL MONTY CAIN AND DAV ID TEASDALE. BRIAN DOWNING APPEARS WITH DEFENDANT. BOTH SIDES ANNOUNCE READY. (25) JURORS SWORN TO ANSWER QUESTIONS. (19) JURORS CALLED TO BOX. COURT CALLED TO THE BOX. JURY EXAMINATION BY PLAINTIFF AND DEFENDANT. PEREMTORY CHALLANGES, ALL CHALLANGES CALLED. (12) JURORS AND (1) ALTERNATE, SWORN TO TRY CASE. COURT INSTRUCTS JURORS. OPENING STATEMENTS BY PLAINTIFF AND DEFENDANT. PLAINTIFF CALLS WITNESSES, SWORN TESTIMONY HEARD, EXHIBITS OFFERED. PLAINTIFF REST. JURY ADMONISHED. JURY IN RECESS FOR THE EVENING, TO RECONVENE 5/8/12 @ 9:00 AM. CYNTHIA ADAMS COURT REPORTER.
JURY TRIAL: DAY TWO-ENT: BOTH SIDES ANNOUNCE PRESENT AND READY. DEFENDANT PRESENTS CASE. CALLS WITNESSES, SWORN TESTIMONY HEARD, EXHIBITS OFFERED. DEFENDANT REST. DEMURRER OVERULED. COURTS INSTRUCTIONS TO THE JURY. CLOSING ARGUMENTS BY PLAINTIFF AND DEFENDANT. JUROR ALTERNATE IS RELEASED. JURY RETIRES TO DELIBERATE AND RETURNS WITH A VERDICT IN FAVOR OF DEFENDANT. JURORS ARE RELEASED. CLERK DIRECTED TO FILE AND RECORD VERDICT ACCORDINGLY. CYNTHIA ADAMS COURT REPORTER.