Date: 11-01-2012
Case Style: Vicky McCraw v. Gary Wayne Rhynes
Case Number: CJ-2011-1810
Judge: Lori Walkley
Court: District Court, Cleveland County, Oklahoma
Plaintiff's Attorney: John L. Branum
Defendant's Attorney: J. Logan Johnson for Gary Wayne Rhynes
Brad L. Roberson for Progressive Direct Insurance Company
Description: 1. On or about, May 14, 2011, in Cleveland County, State of Oklahoma, Defendant Gary Wayne Rlaynes negligently caused a motor vehicle collision with the Plaintiffs.
2. As a result, Plaintiffs incurred damages which are in excess of $75,000.
3. Damages include Plaintiffs’ physical pain and suffering (past and future); mental pain and suffering (past and future); scarring; physical impairment; loss of earnings and time; reasonable expenses of the necessary medical care, treatment, and services, past and future; and other damages to be set forth after discovery.
4. At all times material hereto, Plaintiff Vicky MeCraw and Kody Babcock were covered under a policy of UM/UIM coverage with Defendant, Progressive Direct Insurance Company, hereafter “Progressive”. Progressive should have paid the policy limits of UM/UIM to the Plaintiffs but failed to do so. Progressive breathed its contract with Plaintiffs. Plaintiffs demand judgment against Progressive for the total amount of the UM/UIM per occurrence policy limits.
5. Plaintiffs demands judgment against Defendant Gary Rhynes for an amount in excess of $75,000.
Outcome: Settled and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: