Date: 12-03-2012

Case Style: Craig Hofford v. Tiffany Dawn Mackey

Case Number: CJ-2011-1783

Judge: Tom A. Lucas

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Kith Nedwick and Heather Strohmeyer

Defendant's Attorney: Rodney D. Stewart

Description: Craig Hofford sued Tiffany Dawn Mackey on an auto negligence theory claiming:

1. The Plaintiff resides in Cleveland County at 19300 Banner Road in Lexington, Oklahoma; and the accident which gives rise to this cause of action occurred in Cleveland County, State of Oklahoma, therefore this Court has proper jurisdiction and venue over this mailer.

2. On or about August 26, 2011, on State Highway 9 East in Norman, Oklahoma, the Defendant, Tiffany Dawn Mackey, negligently operated her motor vehicle by failing to stop for traffic and struck Plaintiffs vehicle from behind. The Defendant’s negligence caused her vehicle to strike the vehicle that Mr. Hofford was driving.

3. The Plaintiff’s actions or inactions did not contribute, in any way, to the cause of the collision.

4. Defendant’s conduct was unlawful, grossly negligent, and reckless, entitling Plaintiff to punitive damages.

5. As a direct result of the Defendant’s negligence in causing the accident, the Plaintiff has incurred damages for which he should be compensated including: medical expenses incurred, past and future, mental and physical pain and suffering, past and future, lost wages, disfigurement and other reasonable damages relating to this collision, all more than $10,000.00.

6. As a result of Defendant’s gross negligence and recklessness, she is liable to Plaintiff for punitive damages and Plaintiff seeks such damages against Defendant in excess of $10,000.00.

WHEREFORE, Plaintiff demands judgment against the Defendant in an amount more than $10,000.00, together with interest, costs, attorney fees and any further relief the court deems equitable, just and available to Plaintiff by law.

Defendant appeared and answered as follows:

1. Defendant admits the allegations contained in Paragraph 1 of Plaintiffs Petition.

2. Defendant admits that an accident occurred on the date and at the location stated in Paragraph 2 of Plaintiffs Petition. Defendant denies the remaining 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 denies the allegations contained in Paragraph 5 of Plaintiffs Petition.

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

AFFIRMATIVE DEFENSES

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

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

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

4. Plaintiff has wholly failed to mitigate his damages in this action.

5. Plaintiffs punitive damages claim is not supported by law or fact.

6. Plaintiffs punitive damages claim violates the Oklahoma and U.S. Constitutions.

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

WHEREFORE, Defendant, Tiffany Dawn Mackey, having fully answered, prays for judgment in her favor and that Plaintiffs take nothing by way of his Petition.

Outcome: COMES NOW Plaintiff, Craig Hofford, and his attorney of record, Heather Strohmeyer, and dismisses the above-entitled and numbered cause with prejudice to the refihing of same.

Plaintiff's Experts:

Defendant's Experts:

Comments: