Date: 12-05-2013

Case Style: Lisa Rene Anglin v. Taylor Tipps

Case Number: CJ-2011-1877

Judge: Tracy Schumacher

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Joe B. Lawter

Defendant's Attorney: William J. Molinsky and Naureen Hubbard for Taylor Tipps

Thomas G. Ferguson, Jr. for State Farm Mutual Automobile Insurance Company

Description: Lisa Rene Anglin sued Taylor Tipps and State Farm Mutual Insurance Company on auto negligence theories claiming:

1. On August 19, 2011, there was a collision in Cleveland County, Oklahoma, involving a vehicle driven by Defendant and a vehicle in which Plaintiff was a passenger.

2. Said collision was caused by Defendant’s negligence, causing Plaintiff to suffer damages in an amount not yet determined, but believed to be in excess of $75,000.00.

3. Defendant violated Title 47 of the Oklahoma Statutes, which is negligence per se, causing Plaintiff to suffer damages as set forth above.

4. In the event Defendant Taylor Tipps was uninsured or underinsured, Defendant State Farm Mutual Automobile Insurance Company is also liable for Plaintiffs damages as set forth above.

WHEREFORE, Plaintiff demands judgment against defendants in the sum not yet determined, but believed to be in excess of $75,000.00, interest, and costs.

Defendant Taylor Tipps appeared and answered as follows:

1. Defendant Taylor Tipps admits the allegations contained in Paragraph No. 1 of the Plaintiffs Amended Petition.

2. Defendant Taylor Tipps admits that the accident was caused by his negligence. Defendant denies the remaining allegations contained in Paragraph No. 2 of Plaintiffs Amended Petition.

3. Defendant Taylor Tipps admits that he was negligent in causing the accident. Defendant denies the remaining allegations in Paragraph No. 3 of Plaintiffs Amended Petition.

4. Defendant Tipps denies that he was uninsured or under insured.

AFFIRMATIVE DEFENSES

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

2. That the Plaintiff was not injured or injured as severely as alleged in her Petition.

3. That the Plaintiff’s alleged injuries were not proximately caused by his alleged negligence.

4. Plaintiff Anglin had pre-existing medical conditions which were neither caused nor aggravated by the accident.

5. Defendant Tipps reserves the right to add additional affirmative defenses, as discovery continues in this matter.

WHEREFORE, Defendant prays that judgment be rendered in his favor, he be awarded his attorney fees and costs, and any other relief the Court deems just and equitable.

State Farm Mutual appeared and answered as follows:

1. It is admitted that an automobile accident occurred on or about December 14, 2010 in Cleveland County, Oklahoma involving motor vehicles driven by Lisa Rene Anglin and Taylor Tipps.

2. Upon information and belief the Plaintiff suffered from pre-existing conditions which were neither caused nor aggravated by the accident in question.

3. It is specifically denied that the Defendant, Taylor Tipps, was an uninsured or underinsured motorist.

4. Discovery is only recently commenced in this matter and this Defendant reserves the right to assert such additional defenses and affirmative defenses as may become apparent following the completion of such discovery.

WHEREFORE having fully answered, the Defendant, State Farm Mutual Automobile Insurance Company prays judgment in its favor and for such other relief as the Court deems appropriate.

The Pre-Trial Order entered by the Court provided in part:

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2. General Statement of Facts:

a. What: Personal injury damages resulting from motor vehicle collision involving two (2) vehicles.

b. Where: S. Western Avenue and SW 89th Street in Oklahoma City, Cleveland County, Oklahoma.

c. When: December4, 2010.

d. Who: Defendant was driving a Dodge Charger which collided with a car in which Plaintiff was a passenger. Plaintiff’s vehicle was being driven by a non-party, Jennifer Means.

e. Other: Defendant admits liability for causing collision, but denies that there are damages are related to collision.

3. Plaintiffs Contentions:


a. Negligence Common law Admitted by Defendant

b. Negligence per se Title 47 Oklahoma Statues

3.1 Damages or Relief Sought Amount (Lisa Anglin)

a. Personal Injuries, pain and emotional distress: in excess of $10,000.00

b. Medical and hospital expense: $ 25,186.00

c. Loss of Income: $N/A

d. Other: Prejudgment interest $ TBD

4. Defenses by Defendant:

A. Plaintiff was not injured or injured as severely as alleged;

B. Plaintiff’s alleged injuries were not directly caused by Defendant’s alleged negligence;

C. Plaintiff’s alleged injuries pre-existed the accident and were neither caused nor aggravated by the accident.

* * *

Outcome: On the 4th day of November 2013, trial began in the above styled matter. Plaintiff Lisa Anglin was present and represented by her attorney of record, Joe Lawter. Defendant Taylor Tipps, was present and represented by his attorney of record, Bill Molinsky. Twelve jurors were chosen from a panel of eighteen and duly sworn. Opening arguments were presented by both attorneys and then Plaintiff presented her case-in-chief. At the end of her case-in-chief, Plaintiff rested.

The Defendant presented his case-in-chief and rested. Instructions were chosen by the Court and read to the jury. The attorneys for the parties then presented their closing arguments, and the case was submitted to the jury for deliberations.

The jury returned with a verdict in favor of Plaintiff Lisa Anglin against Defendant Taylor Tipps for $7186.00 which was signed by all jurors.

IT IS THEREFORE ORDERED that judgment be rendered in favor of Plaintiff Lisa Anglin against Defendant Taylor Tipps for $7186.00 plus costs of $27 1.40 plus pre-judgment interest of $130.89 together with any other relief the Court deems just and equitable upon proper presentation to this Court.

IT IS FURTHER ORDERED by the Court that Defendant Taylor Tipps is entitled to judgment against Plaintiff Lisa Anglin for $861 00 which represents Defendant’s recoverable costs as prevailing party because the Plaintiff’s verdict was less than Defendant’s Offer to Confess Judgement pursuant to 12 OS. §1101.

IT IS FURTHER. ORDERED that Plaintiff and Defendant’s judgments be offset and that Plaintiff Lisa Anglin’s net judgement against Defendant Taylor Tipps is $6727.29.

Plaintiff's Experts: Dr. George Alhaj, Dr. John Yuthas, Dr. Merl Kardokus, Dr. Marshall Rea, Dr. Chadwick Webber, Dr. Stephanie Barnhart

Defendant's Experts: Dr. Rick Beller, Dr. Harvey Jenkins, Dr. Cynthia Taylor, Dr. Muhammad Habib, Dr. Lesa Mulligan, Dr. James Richard McCurdy,

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