Date: 10-01-2012

Case Style: Deanna Thomas v. Debbie Weaver

Case Number: CJ-2011-38

Judge: Tracy Schumacher

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Mikel Flores

Defendant's Attorney: Alisa Shaddix White

Description: COMES NOW the Plaintiff, Deanna Thomas, and for her causes of against the Defendant, Mary Hazelwood Sanchez, alleges and states as follows:

1. Plaintiff Deanna Thomas is a resident of Cleveland County, State of Oklahoma.

2. Debbie Weaver, at the time of the accident was a resident of Cleveland County, State of Oklahoma.

3. That on or about the 9th day of February, 2009, on a public street in Cleveland County, City of Norman, State of Oklahoma, known as Wylie Road and West Lindsey Street, Defendant, Debbie Weaver did Willfully, recklessly and/or negligently drive her vehicle into the vehicle being driving by Plaintiff, Deanna Thomas.

4. That the collision and resulting physical damage to the Plaintiff was caused by the gross negligence of the Defendant, Debbie Weaver, in that she failed to exercise due care in operating her automobile and failing to devote full time and attention to her driving.

S. By reason of the negligence of the Defendant, Deanna Thomas, the Plaintiff Deanna Thomas has sustained actual damages to her person.

6. By reason of the negligence of the Defendant, Debbie Weaver the Plaintiff, has endured pain, suffering and mental anguish and is entitled to compensation in an amount in excess of $75,000.00.

WHEREFORE, Plaintiff, Deanna Thomas demands judgment against the Defendant in an amount in excess of $75,000.00, and for attorney’s fees and costs together with interest and any further relief the court deems equitable, just and available to Plaintiff by law.

COMES NOW the Defendant, DEBBIE WEAVER, and for answer to Plaintiff’s Petition, states:

1.

The Defendant would state that she is not Mary Hazeiwood Sanchez as listed in Plaintiffs COMES NOW clause.

2.

The Defendant admits those allegations and claims contained in Paragraph 1 of Plaintiffs Petition.

3.

The Defendant admits those allegations and claims contained in Paragraph 2 of Plaintiff’s Petition.

4.

The Defendant specifically denies those allegations and claims contained in Paragraph 3 of Plaintiffs Petition and demands strict proof thereof.

5.

The Defendant specifically denies those allegations and claims contained in Paragraph 4 of Plaintiffs Petition and demands strict proof thereof.

6.

The Defendant specifically denies those allegations and claims contained in Paragraph 5 of Plaintiff’s Petition and demands strict proof thereof.

7.

The Defendant specifically denies those allegations and claims contained in Paragraph 6 of Plaintiff’s Petition and demands strict proof thereof.

AFFIRMATIVE DEFENSES

COMES NOW Defendant, DEBBIE WEAVER, and states the following affirmative defenses to the Petition filed by Plaintiff herein:

8.

The Plaintiff was negligent, and such negligence on the part of Plaintiff proximately 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 Plaintiff is therefore not entitled to recover.

9.

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

10.

The accident was proximately caused by the negligence of a third party over whom this Defendant had no control, and for those acts this Defendant is not responsible.

11.

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,

12.

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

13.

Defendant reserves the right to plead additional affirmative defenses as discovery progresses.

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.

OFFER TO ALLOW JUDGMENT TO BE TAKEN

COMES NOW the Defendant, DEBBIE WEAVER, pursuant to the provisions of 12 O.S. § 1101 and hereby offers to allow judgment to be taken against this Defendant in favor of the Plaintiff in the sum of Thirteen Thousand Five Hundred and No/i 00 Dollars ($13,500.00) said sum being exclusive of any attorney’s fees, interest and costs that the Court so deems the Plaintiff is entitled to receive.

Should the Plaintiff fail to accept the Defendant’s Offer to Allow Judgment within five (5) days from the date of receipt of this offer, said offer shall be withdrawn and should the Plaintiff fail to obtain judgment for more than Thirteen Thousand Five Hundred and No/100 Dollars ($13,500.00), the Defendant will move the Court for an order requiring the Plaintiff to pay the Defendant the costs incurred from the time of this offer.

Outcome: COMES NOW the Plaintiff, by and through counsel, and dismisses the above captioned cause with prejudice to further litigation pertaining to all matters involved therein, and states that a compromise settlement covering all claims involved in the above captioned cause has been made between the parties.

Plaintiff's Experts:

Defendant's Experts:

Comments: