Date: 12-05-2013

Case Style: Blaine Spears v. Andrew Martinez

Case Number: CJ-2011-1880

Judge: Tom A. Lucas

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Joe B. Lawter

Defendant's Attorney: Bart A. Chancellor

Description: Blaine Spears and Jill McCabe sued Andrew Martinez on an auto negligence theory claiming:

1. On November 25, 2009, 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 Plaintiffs to suffer damages in an amount not yet determined, but believed to 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.

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

Andrew Martinez appeared and answered as follows:

1. Defendant generally and specifically denies each and every material allegation contained in the Petition filed on behalf of the Plaintiffs except for those which may be specifically admitted hereinafter.

2. Defendant admits that there was a collision of automobiles at the approximate time and location alleged in Plaintiffs’ Petition.

3. Defendant is without sufficient information, knowledge, or belief to either admit or deny the allegations of injuries and damages alleged in Plaintiffs’ Petition, and therefore denies the same, and demands strict proof thereof.

AFFIRMATIVE DEFENSES

4. The Defendant denies the nature and extent of Plaintiffs’ injures and damages, if any.

5. The injuries complained of in Plaintiffs’ Petition are the result of pre-existing health problems that were neither caused nor aggravated by this accident and for which Defendant is not liable.

6. The injuries complained of in Plaintiff’s petition are the result of health care problems which developed subsequent to the date of the alleged accident, which were neither caused nor aggravated by this defendant and for which this defendant is not liable.

7. Reasonableness and necessity of medical treatment.

8. Discovery in this case is just commencing, and reserves the right to amend her answer to assert additional affirmative defenses as they may be ascertained.

WHEREFORE, premises considered, defendant prays that Plaintiffs’ Petition be dismissed and Plaintiffs take nothing thereby; further Defendant prays for the costs of this action and for such relief as may be fair and equitable.

Defendant offered to allow judgment to be taken as follows:

COMES NOW the Defendant, Andrew Martinez by and through his attorney of record, Bart A. Chancellor, and offers judgment to be taken against the Defendant by the Plaintiff, Jill McCabe, individually, in the sum of Two Thousand Dollars ($2,000.00); said sums are offered to settle all claims of the Plaintiff Jill McCabe, including all interest, costs, attorneys fees, if applicable, and attorney and medical liens, if any, pursuant to the provisions of 12 OkIa. Stat. § 110].

Outcome: The Plaintiff, Blame Spears and Jill McCabe, hereby dismisses all claims against the Defendant, Andrew Martinez, in the above styled and numbered action with prejudice to refiling.

Plaintiff's Experts:

Defendant's Experts:

Comments: