Date: 10-01-2012

Case Style: Wayne O. Covey v. Whitney J. Haney

Case Number: CJ-2011-1601

Judge: Tom A. Lucas

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Marcus Mears

Defendant's Attorney: William J. Molinsky, Jr. and Naureen Hubbard

Description: COMES NOW the Plaintiff for cause of action against the above styled
Defendant, and does allege and state as follows:

1- This case arises from a collision between Defendant’s motor vehicle and
Plaintiff’s motor vehicle on or about June 15th, 2010, in the vicinity of the intersection of
W 19th Street and Riverwalk Drive in the City of Moore, County of Cleveland County.

2. The collision occurred while Plaintiff was operating his motor vehicle in a lawful
manner and he was struck by a vehicle operated by Defendant.

3. The Defendant’s negligent acts and omissions are the direct and proximate
cause of the collision between the Plaintiff’s motor vehicle and the Defendant’s motor
vehicle.

4. Due to the Defendant’s negligence, the Plaintiff suffered damages as follows:

(I) Medical expenses incurred and expected to be incurred in the future;

(II) Physical pain and suffering, past and future;

(III) Mental and emotional pain and suffering, past and future;

(VI) Permanent impairment, disability and disfigurement;

(V) Other damages to be set forth after discovery.

State Code Title 28 §1 332, his costs, interest and other such relief as the Court shall deem equitable and proper.

Defendant Whitney J. Haney, for her answer to Plaintiff’s Petition, states as follows:

1. Defendant admits the allegations contained in Paragraph No. I of the Plaintiffs Petition.

2, Defendant is without knowledge sufficient to admit or deny the allegations contained in Paragraph Nos. 2 and 4 of the Plaintiffs Petition, and therefore, the same are denied.

3. Defendant denies the allegations contained in Paragraph No, 3 of the Plaintiffs Petition.

AFFJRMATJVE DEFENSES

1. Plaintiff failed to state a cause of action upon which relief can be granted.

2. That Plaintiff may not have been injured or injured as severely as alleged in his Petition.

3. Plaintiff’s alleged injuries may not be caused by the accident.

4. Defendant Haney reserves the right to amend her Answer in accordance with Title
12 OS. §2015 or with the Court’s permission.

5. The discovery process has only recently commenced in this matter and the Defendant
reserves her right to assert additional affirmative defenses and amend her Answer as maybe apparent upon completion of discovery.

WHEREFORE, having fully answered, Defendant prays for judgment to be rendered in her favor and for such further and different relief which this Court may deem just and proper.

Outcome: COMES NOW the Plaintiff, Wayne 0. Covey, and his attorney of record, and hereby dismisses Whitney J. Haney in the above styled and numbered cause with prejudice toward the bringing of any further action.

Plaintiff's Experts:

Defendant's Experts:

Comments: