Date: 11-01-2012

Case Style: Jacob Johnston v. Natalie Curtis

Case Number: CJ-2011-1728

Judge: Tracy Schumacher

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Luke Able

Defendant's Attorney: Rodney D. Stewart for Natalie Curtis

Laurie Fong for Liberty Mutual Fire Insurance Company

Description: 1. On October 5, 2011, at about 7:38 p.m., Plaintiff Jacob Johnston, a minor, was a passenger in a vehicle being driven by Plaintiff Candice Johnston.

2. Plaintiff Candice Johnston was driving her vehicle north on Classen Boulevard at the intersection of Classen Boulevard and E. Brooks Street in Norman, Oklahoma, Cleveland County.

3. Defendant Natalie Curtis (“Defendant Curtis�) was traveling south on Classen Boulevard when she attempted to turn her vehicle east on B. Brooks Street and caused a collision with Plaintiff Candice Johnston’s vehicle at the aforesaid intersection.

4. The collision resulted from Defendant Curtis’ negligence as follows:

a. Defendant was traveling at a speed in excess of the posted speed limit and/or at a speed wherein he could not stop within the assured clear distance ahead.

b. Defendant failed to keep a proper lookout.

c. Defendant failed to obey traffic control devices.

d. Defendant failed to use her brakes, horn or steering mechanism to avoid the collision.

e. Defendant failed to yield to the right of way.

f. Defendant moved her vehicle into the aforesaid intersection at a time when said movement could not be made with reasonable safety.

5. Plaintiffs state that at the time of the collision set forth above, Defendant Liberty Mutual Fire ksurance Co. had a policy of uninsured/underinsured motorist insurance coverage in force and effect in favor of Plaintiffs, for injuries received and caused by the negligence of an uninsured or underinsured motorist. At the time of the collision complained of, Defendant Curtis was an uninsured or underinsured motorist. All conditions precedent under the policy have been met.

6. As a result of Defendant Curtis’ negligence, Plaintiff Candice Johnston suffered personal injuries. Said injuries are permanent, painful and progressive. When injured, Plaintiff Candice Johnston was 53 years of age with a life expectancy of 30.1 years. As a further result of Defendant Curtis’ negligence, Plaintiff Candice Johnston has and will incur medical expense, has and will suffer pain of mind and body, will be permanently disabled and her 1999 Ford Windstar was damaged in excess of its value, damaging Plaintiff Candice Johnston in an amount in excess of $75,000.00.

7. As a result of Defendant Curtis’ negligence, Plaintiff Jacob Johnston, a minor, suffered personal injuries. Said injuries are permanent, painful and progressive. When injured, Plaintiff Jacob Johnston was 16 years old with a life expectancy of 60.6 years. As a further result of Defendant Curtis’ negligence, Plaintiff Jacob Johnston will incur medical expense after majority, has and will suffer pain of mind and body, will be permanently disabled, disfigured and has been damaged in an amount in excess of $75,000.00.

COUNT II

8. Plaintiffs for Count II replead and reallege the allegations of Count I herein and state that Plaintiffs John Johnston and Candice Johnston are the parents and natural guardians of Plaintiff Jacob Johnston and that as a further result of Defendant Curtis’ negligence, they have and will incur medical expenses for the care and treatment of her child during minority, have and will be deprived of their child’s services, and have been damaged in an amount in excess of $75,000.00.

WHEREFORE, Plaintiffs pray judgment against Defendants in an amount in excess of $75,000.00, together with interest and costs of this action.

COMES NOW Defendant, Natalie Curtis, and for her Answer to Plaintiffs’ Petition, alleges and states the following:

1. Upon information and belief, Defendant admits the allegations contained in Paragraph I of Plaintiffs’ Petition.

2. Upon information and belief, Defendant admits the allegations contained in Paragraph 2 of Plaintiffs’ Petition.

3. Defendant denies the allegations contained in Paragraph 3 of Plaintiffs’ Petition.

4. Defendant denies the allegations contained in Paragraph 4 of Plaintiffs’ Petition.

5. Defendant lacks sufficient knowledge to either admit or deny the allegations contained in Paragraph 5 of Plaintiffs’ Petition.

6. Defendant denies the allegations contained in Paragraph 6 of Plaintiffs’ Petition.

7. Defendant denies the allegations contained in Paragraph 7 of Plaintiffs’ Petition.

8. Defendant denies the allegations contained in Paragraph S of Plaintiffs’ Petition.

AFFIRMATIVE DEFENSES

1. That Plaintiffs negligence caused or contributed to the accident.

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

3. That Defendant was confronted with a sudden emergency and acted as a reasonable and prudent person in light thereof

4. That Defendant was confronted with an unavoidable accident and acted as a reasonable and prudent person in light thereof

5. Plaintiffs alleged injuries and damages, are the result of some other injury, accident, illness or condition, and not the result of the subject accident.

6. Plaintiffs have failed to mitigate their damages.

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

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

Outcome: COME NOW the Plaintiffs, Jacob Johnston, a minor, by and through his Parents and Natural Guardians, John Johnston and Candice Johnston and Defendant, Natalie Curtis, and make joint application to this Court for an Order approving settlement between the parties and for an Order dismissing with prejudice the claims of the Plaintiffs. In support of this Application, the parties stipulate as follows:

1. This action arises out of an October 5, 2011 motor vehicle accident, in which Jacob Johnston was a passenger in a vehicle that collided with a vehicle driven by Defendant.

2. That Plaintiffs, John Johnston and Candice Johnston, are the parents of Jacob Johnston, a minor, whose date of birth is August 15, 1995.

3. That as a result of the collision referred to in paragraph 1, Jacob Johnston, a minor, sustained bodily injuries requiring medical treatment which resulted in medical expenses in the approximate amount of Ten Thousand Four Hundred Forty-Five Dollars and 37/1 00 ($10,445.37).

4. That the parties have reached a compromise settlement whereby Equity Insurance Company will pay to Plaintiffs, on behalf of its insured, Natalie Curtis, the total amount of Twenty- five Thousand Dollars and No/I 00 ($25,000.00) as settlement of any and all claims against Natalie Curtis.

5. That $1 6.13739 of the settlement amount to the Plaintiffs shall be placed in a trust account pursuant to 12 O.S. 1984 §83 for the use and benefit of the minor child, Jacob Johnston. That the settlement amount to the Plaintiffs shall be paid to John Johnston and Candice Johnston, individually, and as parents and next friends of Jacob Johnston, a minor, as full and final settlement of their claims for medical expenses incurred on behalf of their son, be those expenses past, present or future, and for lost services of the minor, be those services past, present or future.

6. That attorney for Plaintiffs, Luke Abel, is entitled to attorney’s fees and expenses in the sum of $8.862.61 for his representation of the Plaintiffs herein, which is to be deducted from the total sum of money being paid to the Plaintiffs herein.

7. That it is specifically understood between the parties to the settlement agreement that the total payment of Twenty-five Thousand Dollars and No/i 00 ($25,000.00) to the Plaintiffs is in exchange for Plaintifi’ agreement to forever release the Defendant, Natalie Curtis, and her insurance carrier, Equity insurance Company, from any and all claims arising out of the incident occurring on October 5,2011, and for any claims arising out of the insurance policy issued by Equity Insurance Company to Natalie Curtis.

8. That it is specifically understood between the parties to the settlement agreement that the total payment of Twenty-five ThOusand Dollars and No/I 00 ($25,000.00) on behalf of the Defendant herein is not an admission of liability on the part of said Defendant, but that said payments are merely paid in compromise of a disputed claim in order to avoid litigation.

9. That the parties to this settlement state that the settlement is entered into of their own free Will and that they believe the settlement to be just and fair.

10. It is specifically understood the settlement agreement and dismissal do not pertain to Candice Johnston’s personal injury claims arising from the accident.

WHERFORE, Piaintiffs,•John Johnston and Candice Johnston, individually, and as parents and next friends of Jacob Johnston,a minor, and Defendant, Natalie Curtis, respectfully request the Court to approve the settlement agreement as set forth in the above paragraphs between Jiaintiffs and Defendant and further respectfully request the Court to issue an order dismissing the claims of the Plaintiffs with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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