Date: 10-01-2012

Case Style: Ray Skinner v. Alexandra Barnard

Case Number: CJ-2011-1900

Judge: Tom A. Lucas

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Daid Bernstein

Defendant's Attorney: Richard A. Bruce

Description: 1. On August 21, 2010, there was a collision in Cleveland County, Oklahoma, involving a vehicle driven by Defendant Alexandra Barnard and a vehicle owned by Plaintiff Ray Skinner which was being driven by Plaintiff Ray Skinner, II.

2. Said collision was caused by the negligence of Defendant Alexandra Barnard of failing to yield from a stop sign and inattentive driving, causing

a. Plaintiff Ray Skinner II to suffer personal injuries in an amount not yet determined, but believed to be in excess of $75,000.00;

b. Plaintiff Ray Skinner to be responsible for medical treatment to Plaintiff Ray Skinner II, who was a minor at the time, in an amount not yet
determined, but in excess of$14,734,00; and

c. Plaintiff Ray Skinner’s classic 1968 Ford Mustang 2 Door Hardtop with air conditioning, which had a fair market value of $14,350.00 according to the NADA Guide for Classic Cars, to be a total loss.

3. Defendant Alexandra Barnard violated 47 OS. § 11-401 and 470.S. §11-901(a), causing Plaintiffs to suffer damages as set forth above.

4. Tn the event Defendant Alexandra Barnard was uninsured or underinsured, Defendant Allstate Fire and Casualty Insurance Company is also liable for Plaintiffs’ damages as set forth above.

WHEREFORE, Plaintiff RAY SKINNER requests that he be granted judgment against the Defendants in an amount not yet determined, but in excess of $14,734.00 for medical bills of his son, RAY SKINNER II, who was a minor at the time, property damages in the sum of $14,350.00, interest, a reasonable attorney fee, and costs of this action. In addition, Plaintiff RAY SKINNER IT requests that he be granted judgment against the Defendants in an amount not yet determined, but believed to be in excess of $75,000.00, interest, and costs of this action.

COMES NOW the Defendant Alexandra Barnard, by and through counsel, who generally denies each and every claim and allegation as contained in Plaintiffs Petition except as more specifically set forth herein:

1. The Defendant is without sufficient knowledge or information to admit or deny those claims and allegations contained in Paragraphs 1, 2, 3, and 4 of Plaintiffs’ Petition and therefore demands strict proof thereof.
For further answer and defense the Defendant states as follows:

First Affirmative Defense

The negligence if any of the parties and any relevant non-parties will be developed during discovery and the Defendant specifically reserves the right to plead defenses as to contributory and comparative negligence at the time of pretrial.

Second Affirmative Deft nse

Whether Plaintiffs have acted to mitigate their damages will be developed during discovery and the Defendant specifically reserves the right to plead that defense at the time of pretrial.

Third Affirmative Deft nse

Whether any portion of the Plaintiffs’ claims have been barred by the statute of limitations or by the doctrines of wavier, release and accord-and-satisfaction will be developed during discovery and Defendant specifically reserves the right to plead those affirmative defenses at the time of pretrial.

Fourth Affirmative Defense

Whether the Plaintiffs suffer from any preexisting or post-arising medical condition will be developed during discovery and the Defendant specifically reserves the right to plead those defenses at the time of pretrial.

WHEREFORE, PREMISES CONSIDERED Defendant prays that the action against him/her/them be dismissed and he be awarded costs such as the court may determine is just.`COMES NOW the Plaintiffs Ray Skinner and Ray Skinner, II, and dismisses the above- styled action against the Defendant Alexandra Barnard, with prejudice to refihing it.

Outcome: COMES NOW the Plaintiffs Ray Skinner and Ray Skinner, II, and dismisses the above- styled action against the Defendant Alexandra Barnard, with prejudice to refiling it.

Plaintiff's Experts:

Defendant's Experts:

Comments: