Date: 11-01-2012

Case Style: Taylor Morgan v. S & R Properties, Inc.

Case Number: CJ-2011-1210

Judge: Tom A. Lucas

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Reese Allen and Andrew John Charles Whiteside

Defendant's Attorney: Mitchell D. Rozin and and Alisa Shaddix White

Description: The Plaintiff, Taylor Morgan, by and through her attorneys, Morgan, Allen and King, for her claim for relief against the Defendant, S&R Properties, Inc., states:

1. Plaintiff is a resident of Cleveland County, Oklahoma.

2. Defendant is a corporation organized under the laws of Oklahoma and at all times present in Oklahoma. Defendant owns rental properties in Cleveland County.

3. That on or about August 23rd 2009, the Plaintiff was a guest of her aunt at the rental property at 9811 Welch Drive, Oklahoma City, Cleveland County, Oklahoma. The Plaintiff was struck by a mirror in the bathroom that was not properly attached. The mirror fell from the wall; striking the Plaintiff and gashing open the Plaintiffs hand.

4. The Defendant’s negligence caused the mirror to fall and injure the Plaintiff.

5. As a result of the Defendant’s negligence, the Plaintiff received stitches, and suffered nerve and tendon damage to her hand. The Plaintiff has undergone two surgeries and countless visits for extensive physical therapy in order to attempt to repair her damaged hand.

6. The Plaintiff is entitled to recover from the Defendant for medical and other expenses, loss of services, emotional distress, and mental pain and suffering.

7. This situation occurred wholly and solely through the negligence of the Defendant without any fault or negligence of the Plaintiff.

WHREFORE Plaintiff, Taylor Morgan, prays for judgment against Defendant, S & R Properties, Inc., in an amount in excess of Ten Thousand and no/100 Dollars ($10,000.00), together with interest, costs, a reasonable attorney’s fee and for other relief as may appear to the Court may deem proper.

COMES NOW the Defendant, S & R PROPERT]ES, INC., and for answer to Plaintiffs Petition, states:

1

The Defendant is without sufficient information and/or knowledge to admit or deny the allegations contained in Paragraph I of Plaintiff’s Petition and demands strict proof thereof. Petition.

2.

The Defendant admits those allegations and claims contained in Paragraph 2 of Plaintiff’s

3.

The Defendant is without sufficient information and/or knowledge to admit or deny the allegations contained in Paragraph 3 of Plaintiff’s Petition and demands strict proof thereof.

4.

The Defendant specifically denies those allegations and claims contained in Paragraph 4 of Plaintiff’s Petition and demands strict proof thereof.

5.

The Defendant specifically denies those allegations and claims contained in Paragraph 5 of Plaintiff’s Petition and demands strict proof thereof

6.

The Defendant specifically denies those allegations and claims contained in Paragraph 6 of Plaintiff’s Petition and demands strict proof thereof.

7.

The Defendant specifically denies those allegations and claims contained in Paragraph 7 of Plaintiff’s Petition and demands strict proof thereof.

AFFIRMATIVE DEFENSES

COMES NOW Defendant, S & R PROPERTIES, NC., and states the folIong afflimative defenses to the Petition filed by Plaintiff herein:

8.

The Petition fails to state a claim against Defendant upon which relief can be granted.

9.

The Plaintiff was negligent, and such negligence on the part of Plaintiff proximately caused or contributed to the accident and Plaintiff’s damage, if any, and such negligence on the part of the Plaintiff was greater than the negligence of the Defendant and Plaintiff is therefore not entitled to recover.

10.

The accident was an unavoidable accident, casualty and misfortune that occurred without negligence on the part of the Defendant.

11.

The action is barred by the statute of limitations.

12.

The accident was proximately caused by the negligence of a third party over whom this Defendant had no control, and for those acts this Defendant is not responsible.

13.

Whether the Plaintiff suffers from any pre-existing or post-arising medical condition will be developed during discovery and Defendant herein reserves all defenses in that regard.

14.

Defendant reserves the right to plead additional affinrntive defenses as discovery progresses.

WHEREFORE, having filly answered, Defendant prays that Plaintiff takes nothing by way of her Petition herein and that Defendant be dismissed with costs and attorney fees and any other relief this Court may deem equitable and just.

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: