Date: 09-15-2012

Case Style: Geraldine Horn v. Alelardo Murillo-Garza

Case Number: CJ-2011-4287

Judge: Bryan C. Dixon

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Lyle Justin Lowe

Defendant's Attorney: Mellisa G. Handke and Gary D. Roper

Description: Geraldine Horn sued Alelardo Murillo-Garza on an auto negligence theory claiming:

1. Plaintiff is and was at all pertinent times hereto, a resident of Oklahoma County, State of Oklahoma.

2. Defendant, Alelardo Murillo-Garza, is and was at all pertinent times hereto, a resident of Cleveland County, State of Oklahoma.

3. The acts and/or omissions complained of herein occurred in Oklahoma County, State of Oklahoma, thereby jurisdiction and venue are properly vested with this court.

4. The injuries sustained by the Plaintiff were solely and proximately caused by the negligence of the Defendant.

5. The accident which is the subject of this lawsuit occurred on May 11, 2010, in Oklahoma City, Oklahoma County, State of Oklahoma. Said accident occurred as a direct result of
the negligence of the Defendant in that Defendant negligently operated his motor vehicle in an unsafe manner by failing to devote full time and attention to his driving.

6. By failing to devote full time and attention to his driving, Defendant failed to slow his vehicle, coming to a complete stop and thereby striking the Plaintiffs vehicle from behind.

7. That the Defendant breached his duty to devote full time and attention to his driving, failed to operate his vehicle in a reasonable, safe and proper manner for the traffic conditions, failed to keep proper lookout for other vehicles and, and failed to obey the right of way to other vehicles.

8. As a direct and proximate result of the Defendant’s breach of duty and negligent acts, Plaintiff was injured and has sustained mental and physical pain and suffering, incurred medical bills, and lost wages, all caused by the negligence of the Defendant, and all to the detriment of the Plaintiffs herein.

WHEREFORE, Plaintiff prays this Court enter judgment in his favor and against the Defendant, Alelardo Murillo-Garza, for actual damages in an amount to exceed $10,000.00 for current medical expenses, and an amount to exceed $10,000.00 for her future medical expenses, extreme pain and suffering, mental anguish, loss of ability to perform certain activities, loss of sleep, anxiety and depression for the reasons set forth above, her costs for bringing this action, a reasonable attorney fee and for such other and further relief as this Court may deem just and proper.


Defendant answered as follows:

1. Defendant generally and specifically denies each and every material allegation contained in the Petition filed on behalf of the Plaintiff 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 Plaintiff’s Petition.

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

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

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

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: