Date: 03-04-2013

Case Style: Crissy M. Richter v. Russell D. Wallace

Case Number: CJ-2011-331

Judge: Dennis Hladik

Court: District Court, Garfield County, Oklahoma

Plaintiff's Attorney: James F. Self

Defendant's Attorney: Wesley G. Smith and A. Mark Smiling

Description: Crissy M. Richter sued Russell D. Wallace on an auto negligence theory claiming:

1. On or about the 22nd day of December, 2009, at approximately 12:58 p.m. the Plaintiff, Crissy M. Richter, was traveling westbound in her motor vehicle at 3600 West Garrott in Enid, Garfield County, Oklahoma when the Defendant, Russell D. Wallace, traveling eastbound at 3600 West Garrott failed to devote his full time and attention to his driving and suddenly turned southbound in front of the Plaintiffs vehicle causing a collision with the Plaintiffs vehicle. Said collision causing personal injuries to the Plaintiff.

2. Plaintiffs injuries were the direct and proximate result of the negligence of the Defendant, Russell D. Wallace, as follows:

a. The Defendant, Russell D. Wallace, failed to maintain a proper lookout for other traffic;

b. The Defendant, Russell D. Wallace, failed to devote his full time and attention to his driving;

c. The Defendant, Russell D. Wallace, failed to use his brakes and other mechanical means available to avoid the collision; and,

d. The Defendant, Russell D. Wallace, failed to yield the right-of-way causing the collision.

3. As a result of the Defendant’s negligence the Plaintiff, Crissy M. Richter, suffered serious physical injuries. Said injuries are permanent, painful and progressive. As a result of said injuries, Plaintiff has incurred and will incur future medical expenses; has lost wages and earning capacity; has endured and will endure both physical and mental pain and suffering; will be permanently disabled/impaired and disfigured and she has been damaged in the aggregate sum in an amount in excess of $75,000.00.

WHEREFORE, Plaintiff prays judgment against the Defendant, Russell D. Wallace in an amount in excess of $75,000.00 together with interest and costs in this action.

I.

The Defendant admits an automobile accident occurred on or about December 22, 2009, in Garfield County between the parties as alleged in Paragraph 1 of Plaintiffs Petition. The Defendant is without sufficient information and/or knowledge to admit or deny the remaining allegations contained
in Paragraph 1 of Plaintiffs Petition and demands strict proof thereof.

2.

The Defendant is without sufficient information and/or knowledge to admit or deny the allegations contained in Paragraph 2 and 3 of Plaintiffs Petition and demands strict proof thereof.

AFFIRMATIVE DEFENSES

COMES NOW Defendant, RUSSELL D. WALLACE, and states the following affirmative
defenses to the Petition filed by Plaintiff herein:

3.

The Petition fails to state a claim against Defendant upon which relief can be granted.

4.

The Plaintiff may have been negligent, and such negligence on the part of Plaintiff
proximately may have caused or contributed to the accident and Plaintiff’s damage, if any. and such
negligence on the part of the Plaintiff was greater than the negligence of the Defendant and P’aintiff is therefore not entit)ed to recover.

5.

I’he Defendant may have been confronted with a sudden emergency not brought about by his own negligence, and in reacting to that emergency, the Defendant acted as a reasonable and prudent person would have acted under such circumstances.

6.

The accident may have been an unavoidable accident, casualty and misfortune that occurred without negligence on the part of the Defendant.

7.

The action may be barred by the statute of limitations.

8.

The accident may have been proximate’y caused by the negligence of a third party over whom this Defendant had no control, and for those acts this Defendant is not responsible.

9.

Whether the Plaintiff suffers from any pre-existing or post-arising medical condition will be developed during discovery and Defendant herein reserves all defenses in that regard.

10.

Whether the Plaintiff has acted to mitigate her damages will be developed during discovery and Defendant herein reserves all defenses in that regard.

11.

The Defendant reserves the right to add additional affirmative defenses as discovery continues.

WHEREFORE. having fully answered, Defendant prays that Plaintiff takes nothing by way of her Petition herein and that Defendant be dismissed with costs and attorney fees and any other relief this Court may deem equitable and just.

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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