Date: 07-09-2014

Case Style: Heather Watkins v. Deborah Vahabzadegan and Oklahoma Farm Bureau Mutual Insurance Company

Case Number: CJ-2011-1945

Judge: Tracy Schumacher

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Marcus A. Gowens

Defendant's Attorney: Lacy N. Vassar

Description: Heather Watkins v. Deborah Vahabzadegan and Oklahoma Farm Bureau Mutual Insurance Company

COMES NOW the Plaintiff and for her Petition against the Defendants alleges and states as follows:
1. That the Plaintiff is a resident and citizen of the City of Moore, Cleveland County, State of Oklahoma.
2. That the Defendant, Debora Vahabzadegan, is a resident and citizen of the City of Norman, Cleveland County, State of Oklahoma.
3. That at the time of the collision giving rise to this suit Plaintiff was covered by a policy of insurance affording uninsured/underinsured motorist coverage issued by Oklahoma Farm Bureau Mutual Insurance Company.
4. That upon information and belief, Defendant Oklahoma Farm Bureau Mutual Insurance Company is a property and casualty insurance company doing business in Cleveland County, State of Oklahoma.
5. That the collision between the parties to this lawsuit occurred in or near the City of Norman, Cleveland County, State of Oklahoma.
6. That this Court has jurisdiction and venue over the parties and subject matter of this litigation.
7. That on or about the 22nd day of September, 2011, at or about 7:07 a.m., in or near the City of Norman, Cleveland County, State of Oklahoma, the Plaintiff was traveling East on Tecumseh Road.
8. That on or about the 22nd day of September2011, at or about 7:07 a,m., in or near the City of Norman, Cleveland County, State of Oklahoma, the Defendant, Deborah Vahabzadegan was traveling West on Tecumseh Road when she did not observe Plaintiffs vehicle and made an improper left hand turn and negligently failed to yield to Plaintiff’s vehicle, resulting in a collision with great force and impact.
9. That the injuries and damages to the Plaintiff were directly and proximately caused by the negligence of the Defendant, Deborah Vahabzadegan and include but are not limited to the following:
(a) Failure to operate her vehicle at a safe speed for traffic conditions;
(b) Failure to operate her vehicle at a safe speed under the conditions so as to maintain control;
(c) Failure to devote full time and attention to her driving;
(d) Failure to stop or reverse the course of her vehicle so as to avoid a collision with the Plaintiff’s vehicle;
(e) Failure to yield to Plaintiffs vehicle;
(f) Failure to make a proper turn;
(g) Failure to keep a proper lookout;
(h) Failure to maintain her vehicle so that it met the Oklahoma’s required mechanical
standard to operate on Oklahoma’s public roadways.
10. The Defendant, Deborah Vahabzadegan, owed a duty to obey the statutes of the State of Oklahoma 47 O.S. §11. The disobedience of this statute amounts to prima facie evidence of the Defendants negligence in failing to properly back her vehicle, which amounts to negligence per se.
11. As a direct and proximate result of the negligence of the Defendant, Deborah Vahabzadegan, the Plaintiff’s muscles, ligaments, tendons, soft tissues, bony structures, nerve centers and blood vessels of her body were pulled, torn, lacerated, strained, twisted, traumatized and her functions impaired. Plaintiffs injuries were permanent, painful and progressive.
12. As a direct and proximate result of the negligence of the Defendant, Deborah Vahabzadegan, the Plaintiff was required to obtain medical treatment, has incurred medical expenses, will incur future medical expenses, will require future medical treatment, has incurred pain and suffering, lost income, lost wage earning capacity, and will incur future pain and suffering.
13. As a direct and proximate result of the negligence of the Defendant, Deborah Vahabzadegan the Plaintiff sustained significant property damage to her vehicle, which has resulted in his being required to rent a vehicle and should, therefore, be entitled to the value of the property damage, reasonable rental value and reasonable attorney’s fee.
14. That at the time of the subject collision, Plaintiff was driving a vehicle that was insured under the insurance policy issued to the Plaintiff, with said insurance policy number being TAM163442S3 issued by Oklahoma Farm Bureau Mutual Insurance Company and plaintiff was a permissive driver of said vehicle.
15. That Plaintiff is entitled to recover damages incurred in the above-referenced collision against said UM/UIM insurance provided by Oklahoma Farm Bureau Mutual Insurance Company as permitted by Oklahoma law.
WHEREFORE, the Plaintiff prays for a judgment against the Defendants in an amount to exceed $10,000.00, costs, attorney’s fees, interest at a lawful rate, and other such relief which the Court deems just and equitable.

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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