Date: 11-01-2012

Case Style: Tommy Massey v. Katherine Buettner

Case Number: CJ-2011-1720

Judge: Tracy Schumacher

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Greg Haubrich

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

Description: 1. On August 4, 2011, Defendant Katherine Buettner negligently drove her vehicle across the centerline of SE. 19th Street in Moore, and collided with the vehicle driven by Plaintiff Tommy Massey.

2. As a result of the Defendant’s negligence, Mr. Massey suffered personal injuries; has and will incur medical expense; has and will suffer pain; has and will lose income; and has and will be disabled in activities of work and of daily living.

3. As a further result, Mr. Massey’s vehicle was damaged; he lost the use of the vehicle; and the vehicle is depreciated beyond the cost of repairs performed.

4. At the time of the collision, Mr. Massey had in force and effect a policy of uninsuredlunderinsured motorist coverage, issued by Defendant Farmers Insurance Company. Ms. Buettner was an underinsured motorist. All conditions precedent to payment under the terms of the policy have been met.

WHEREFORE, Plaintiff Tommy Massey respectfully requests damages in excess of $75,000.00, plus interest and costs of this action, plus attorney’s fees accompanying negligent damage to his vehicle.

Defendant Katherine Buettner for answer to Plaintiffs Petition alleges and states as follows:

1. Defendant Buettner specifically denies all allegations contained within Plaintiffs Petition unless otherwise admitted in this answer.

2. Defendant denies the allegations contained within Plaintiffs Petition, Paragraph 1.

3. Defendant is without knowledge sufficient to admit or deny the allegations contained within Plaintiffs Petition, Paragraphs 2, 3, and 4.

AFFIRMATIVE DEFENSES

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

2. The accident was unavoidable.

3. Plaintiff may not be injured or injured as severely as alleged.

4. Plaintiffs alleged injuries may have been the result of pre-existing medical conditions neither caused nor aggravated by this accident.

5. Plaintiff may have been involved in prior or subsequent injuries or accidents which resulted in medical conditions not proximately caused by this accident.

6. Discovery has just begun and until it is completed, Defendant reserves the right to supplement her answers and add additional affirmative defenses, cross-claims, counter claims and third party claims.

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: