Date: 09-30-2011

Case Style: Donna McHenry v. Kimberley Baumann

Case Number: CJ-2010-669

Judge: Rod D. Ring

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Edward F. Saheb

Defendant's Attorney: Wesley G. Smith

Description: Donna McHenry sued Kimberley Baumann on an auto negligence theory claiming that she was injured in a car wreck that occurred on February 17, 2006 in Cleveland County, Oklahoma caused by Defendant. Plaintiff claimed that her vehicle was hit head on by the Defendant who cross the centerline of the highway on a bridge. She claimed that as she neared a narrow bridge she noted that the Defendant was driving off center and was about to hit her. She pulled as far to the edge of the bridge as she could but Defendant still hit Plaintiff's vehicle head pushing her car to the rail guards on the edge of the bridge resulting in damages to both her property and person. Plaintiff also claimed that her husband was also injured in the accident.

Plaintiff claimed that the accident caused $17,782.63 to her car and $2,494 in damages to the bridge. She also claimed that she incurred $1,445.61 for ambulance services and $2,661.30 in medical expenses.

Defendant denied the allegations made by Plaintiff. Defendant also claimed that Plaintiff was negligent and that the accident was caused by a sudden emergency and was unavoidable.

Outcome: Defendant's verdict.

Plaintiff's Experts:

Defendant's Experts: Michael Winzenread, M.D., Edmond, Oklahoma, IME

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