Date: 08-03-2012

Case Style: Diana Conner v. David Plante

Case Number: CJ-2011-1607

Judge: Tracy Schumacher

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Tye H. Smith, Carr & Carr, Oklahoma City, Oklahoma

Defendant's Attorney: George Gibbs and Eddie Carr, Gibbs, Armstrong, Borochoff, Mullican & Hart, P.C., Tulsa, Oklahoma

Description: COMES NOW the Plaintiff, Diana Conner, and for her cause of action against the Defendants David Plante and Precision Pipeline Services, LLC, states as follows:

1. On or about the 2nd day of April, 2011, near the City of Nonnan, Cleveland County, State of Oklahoma, the Defendant David Plante negligently caused his vehicle to collide with a vehicle in which Plaintiff was a passenger.

2. Defendant Plante was negligent per se due to his violation of either local ordinances aridlor state statutes regarding Oklahoma Rujes of the Road and the Federal Motor Carrier Safety Regulations.

3. The vehicle driven by Defendant Plante was owned by the Defendant, Precision Pipeline Services, LLC.

4. At the time of the collision, Defendant Plante was working for and in the course of business for Precision Pipeline Services, LLC.

5. As a direct result of the Defendants’ negligence, Plaintiff suffered damages as follows:

a. Personal injuries;

b. Past and future mental pain and suffering;

c. Past and future physical pain and suffering;

d. Past and future medical expenses;

e. Other economic losses associated with her personal injuries;

f. Other damages to be set forth in discovery.

All of which are in an amount in excess of $75,000.00.

SECOND CAUSE OF ACTION

COMES NOW the Plaintiff, Diana Conner, and re-alleges and re-adopts all allegations in Plaintiffs First Cause of Action, to wit:

6. Plaintiff Diana Conner resides in Oklahoma City, Oklahoma County, Oklahoma.

7. The Defendant USAA Property and Casualty, among others, is doing business in this County and State.

8. At the time of the collision, Plaintiff had underinsured/uninsured motorist coverage with USAA Property and Casualty which is due and owing to her.

9. USAA Property and Casualty has failed to compensate Plaintiff with the insurance benefits properly owed under the insurance policy and, as such, has breached the contract of insurance.

10. Plaintiff suffered the following damages as a result of the negligence of an uninsuredJunderinsured motorist, for which she seeks to recover benefits from USAA Property and Casualty:

a. Personal injuries;

b. Past and future mental pain and suffering;

c. Past and future physical pain and suffering;

d. Past and future medical expenses;

e. Other economic losses associated with her personal injuries;

f. Other damages to be set forth in discovery.

All of which are in an amount in excess of $75,000.00.

11. Plaintiff demands judgment in excess of $75,000, against the Defendants, costs, interest, and other such relief as the Court shall deern equitable and proper.

DEFENDANTS DAVID PLANTE AND PRECISION

PIPELINE SERVICES, LLC’S ANSWER TO PLAINTIFF’S PETITION COME NOW Defendants, David Plante and Precision Pipeline Services, LLC, by and through their counsel from the law firm of Gibbs Armstrong Borochoff Mullican & Hart, P.C., and for their Answer to Plaintiffs Petition, state as follows: Defendants specifically and generally deny each and every material allegation in Plaintiffs Petition unless specifically admitted herein, and demand the strictest proof thereof

AFFIRMATIVE DEFENSES

Defendants’ response to Plaintiffs Petition is incorporated herein by reference.

1. The alleged occurrence was an unavoidable accident, casualty, and/or misfortune occurring without fault on the part of these Defendants.

2. Should these Defendants be found negligent, which is not admitted but is expressly denied, these Defendants state that their negligence was not the proximate cause of Plaintiffs alleged damages.

3. Plaintiffs Petition fails to state a claim against these Defendants for which relief can be granted.

4. The alleged occurrence was proximately caused by the negligence of third parties over whom these Defendants had no control, no duty to control, and for those acts these Defendants are not responsible.

6. In the event that these Defendants are found liable to the Plaintiff herein, any such liability being expressly denied, then these Defendants state that they are entitled to contribution, credit and/or indemnity as provided by applicable law and statutes.

7. Defendants are entitled to a credit or offset for all monies or consideration paid to the Plaintiff by virtue of any type or form of settlement agreement entered into by and between the Plaintiff and any other Defendant herein or any other person or entity not a party to this litigation.

8. At the time of the alleged occurrence, Defendant David Plante was not operating his vehicle in the course of business for Defendant Precision Pipeline Services, LLC.

9. These Defendants deny that the Plaintiff is entitled to damages against these Defendants as set forth in Plaintiff’s Petition.

10. Plaintiffs contributory negligence is either the partial or whole cause of the incident complained of.

11. For further answer and defense, these Defendants reserve the right to plead additional affirmative defenses upon the completion of discovery.

12. These Defendants specifically reserve the right to further amend this answer prior to the Pre-Trial.

WHEREFORE, premises considered, these Defendants pray for judgment in their favor and against Plaintiff, pray that Plaintiff take nothing by way of this action, and for such other and further relief as the Court deems just and proper.

Outcome: COMES NOW the plaintiff and hereby dismisses Defendants DAVID PLANTE, and PRECISION PIPELINE SERVICES, LLC in the above entitled and numbered cause of action with prejudice to the re-filing of same.

Plaintiff's Experts:

Defendant's Experts:

Comments: