Date: 08-03-2012

Case Style: Damon Runyon v. Shirley Tarver

Case Number: CJ-2011-1823

Judge: Tom A. Lucas

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Gerald Blake Virgin, Rooney P. Virgin and Michelle Birney, Norman, Oklahoma

Defendant's Attorney: Michael G. McAtee and Chrsitine B. McInnes, McAtee and Woods, P.C., Oklahoma City, Oklahoma

Description: COMES NOW the Plaintiff, Damon Runyon, and for his Petition against the Defendant, Shirley Tarver, alleges and states as follows:

PARTIES

1. Plaintiff, Damon Runyon, is a resident of Norman, Cleveland County, Oklahoma.

2. Defendant, Shirley Tarver, is a resident of Cleveland County, Oklahoma.

3. This is an action in tort for injuries received by the Plaintiff and caused by the Defendant, in excess of$10,000.0O.

4. The incident giving rise to this action arose and occurred in Cleveland County, Oklahoma, and this Court has jurisdiction over the subject matter and the parties hereto. Venue is proper pursuant to 12 O.S. Section 141.

FIRST CAUSE OF ACTION - NEGLIGENCE

5. On or about August 15, 2011, Defendant made an improper turn in the path of Plaintiffs oncoming vehicle.

6. As a result of the accident caused by Defendant’s negligence, Plaintiff suffered severe, permanent and debilitating injuries. Said bodily injuries were a direct and proximate result of the negligence of the Defendant by virtue of the following facts and circumstances, each individually and constituting negligence which includes but is not limited to the following acts and omissions:

a. Defendant operated her vehicle in a negligent and inattentive manner which resulted in Defendant colliding with Plaintiffs vehicle;

b. Defendant failed to use reasonable and proper care in the operation of her vehicle which resulted in Defendant’s vehicle colliding with Plaintiffs vehicle;

c. Defendant failed to maintain proper lookout while operating her vehicle which resulted in Defendant colliding Plaintiffs vehicle;

d. Defendant failed to take reasonable and proper evasive action to avoid or diminish the effects of any collision that might have occurred between said vehicles;

f. Defendant failed to devote full time and attention and was inattentive in the operation of her vehicle causing Defendant to collide with Plaintiffs vehicle;

g. Defendant failed to properly use the means at hand such as brakes and steering mechanisms, to control her vehicle and avoid striking the Plaintiffs vehicle.

7. As a direct and proximate result of the negligence of the Defendant, Plaintiff has suffered personal injuries resulting in the following elements of damage, both past and fiflure:

a. Pain in an amount to be determined;

b. Suffering in an amount to be determined;

c. Mental anguish in an amount to be detennined;

d. Loss of wages in an amount to be determined;

e. Medical expenses incurred to date and yet to be determined;

f. Loss of enjoyment and quality of life in an amount to be determined;

g. Damages which may be revealed during the course of litigation.

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment against the Defendant as set forth above, for damages in excess of $10,000; attorney’s fees and costs of this action; and for such other and fhrther relief as the Court deems he is entitled.

COMES NOW the Defendant, Shirley Tarver, and for her Answer to the Petition filed herein by the Plaintiff, alleges and states as follows:

1. The Defendant lacks sufficient knowledge to either admit or deny the allegations contained in Paragraph 1 of Plaintiffs Petition, and therefore, said allegations are denied and Defendant demands strict proof thereof.

2. The Defendant denies the allegations contained in Paragraphs 2 and 3 of Plaintiffs Petition.

3. The Defendant admits the allegations contained in Paragraph 4 of Plaintiffs Petition.

4. The Defendant denies the allegations contained in Paragraphs 5, 6 and 7 of Plaintiff s Petition and demands strict proof thereof.

AFFIRMATIVE DEFENSES

5. The incident complained of in the Plaintiffs Petition was caused by the negligence of third parties over whom this Defendant had no control or supervision, and therefore, liability will not attach to this Defendant.

6. The incident complained of in the Plaintiffs Petition was the direct result of the negligence of the Plaintiff in a degree to either prohibit or lessen any recovery thereunder.

7. The injuries complained of by the Plaintiff were not the proximate result of any actions of Defendant.

8. The incident complained of in the Plaintiffs Petition was the result of a sudden emergency andJor unavoidable casualty presented to this Defendant and, at all times pertinent thereto, this Defendant acted reasonably and prudently; and therefore, liability will not attach to this Defendant.

9. The Plaintiff sustained no injury or was not injured as severely as alleged as a result of the incident in this suit.

10. Plaintiff voluntarily assumed the risk of a known danger and is not entitled to recover herein.

11. The Plaintiffs Petition fails to state a claim upon which relief can be granted.

12. The Defendant reserves the right to amend or abandon any or all of the allegations stated.

13. It is anticipated that additional affirmative defenses will become known through the discovery process; therefore, this Defendant reserves the right to plead them as they are discovered.

WHEREFORE, the Defendant, Shirley Tarver, prays that judgment be rendered in her favor, that she be awarded her costs and attorney fees, and any and all other relief the Court deems just and equitable.

Outcome: COMES NOW the Plaintiff, Damon Runyon, and hereby dismisses the Defendant, Shirley Tarver, in the above styled and numbered cause with prejudice toward the bringing of any further action.

Plaintiff's Experts:

Defendant's Experts:

Comments: