Date: 08-05-2012

Case Style: Teresa Walker Fisher v. Joseph Alfred Bessler

Case Number: CJ-2010-9124

Judge: Thomas E. Prince

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Michael H. Brady, Oklahoma City, Oklahoma

Defendant's Attorney: K. David Roberts, Oklahoma City, Oklahoma for Defendant, American Farmers & Ranchers Mutual Insurance Company

Description: COMES NOW the Plaintiff and states:

1. On November 7, 2008, on a public roadway known as Westbound Interstate 40 in the City of Oklahoma City, Oklahoma County, Oklahoma, Defendant JOSEPH ALFRED BESSLER negligently drove a motor vehicle so as to cause a collision with a vehicle being driven by Plaintiff.

2. As a direct result, Plaintiff was caused damage to and loss of personal property, personal injuries, pain and suffering, and medical expenses.

3. Plaintiff was at all relevant times insured by a policy with Defendant AMERICAN FARMERS & RANCHERS MUTUAL INSURANCE CO., and which policy provided underinsured motorist coverage.

4. The insurance coverage of Defendant JOSEPH ALFRED BESSLER is inadequate to fully compensate Plaintiffs losses and damages.

WHEREFORE, Plaintiff prays for judgment of this Court against the, individual Defendant and for money damages in an amount in excess of the amount required for diversity jurisdiction pursuant to Section 1332 of Title 28 of the United States Code, and against the insurance carrier Defendant in the amount of its coverage limits, plus interest, costs and attorney fees as allowed by law.

ANSWER COMES NOW Defendant, American Farmers & Ranchers Mutual Insurance Company, and for its Answer to Plaintiff’s Petition, alleges and states the following:

1. Defendant denies the allegations contained in paragraph 1 of Plaintiffs Petition. 2. Defendant denies the allegations contained in paragraph 2 of Plaintiff’s Petition. 3. Defendant admits that Plaintiff carried Um coverage with American Farmers & Ranchers Mutual Insurance Company on the date in question.

4. Defendant denies the allegations contained in paragraph 4 of Plaintiff’s Petition.

AFFIRMATIVE DEFENSES

1. That Plaintiff’s negligence caused or contributed to the accident.

2. Plaintiff fails to state a cause of action upon which relief may be granted.

3. That said accident was caused or contributed to by the negligence of third persons over whom this Defendant had no control.

4. That the conditions of which Plaintiff complains constitute an aggravation of pre-existing conditions.

5. That Plaintiff's damages and injuries, if any, are the result of other conditions, illnesses or accidents unrelated to the incident that is the basis of the lawsuit.

6. That the conditions of which Plaintiff complains constitute an aggravation of conditions.

7. That Plaintiffs damages and injuries, if any, are the result of other conditions, accidents unrelated to the incident that is the basis for this lawsuit.

Defendant has a legitimate basis for its decision-making.

Defendant has at all times acted fairly, reasonably and in good faith with regard to the accident.

8. A legitimate dispute exists insofar as the nature and extent of injuries sustained in the accident.

9. Discovery is still ongoing and Defendant reserves its right to amend this Answer as discovery progresses.

WHEREFORE, having fully answered, Defendant prays that Plaintiff take nothing by way of her Petition and that Defendant recover its costs and such other and further relief as the Court deems just and proper.

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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