Date: 09-15-2012

Case Style: John Walker Baldwin v. Jena Sumner

Case Number: CJ-2011-4851

Judge: Bryan C. Dixon

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Jon C. Franke, William A. Gosney, Jeremy West and Robert N. Ylla, Jr.

Defendant's Attorney: Brian T. Browning

Description: 1. On or about August 12, 2010, in Oklahoma City, Oklahoma, Oklahoma County, the Defendant negligently drove her vehicle into the Plaintiff’s vehicle.

2. As a result of the Defendant’s actions, the Plaintiff suffered damages as
follows:

A. Medical expenses incurred and expected to be incurred in the

B. Mental and physical pain and suffering, past and future;

C. Lost wages; and

D. Other damages to be set forth after discovery;p all of which are in excess of the amount required for diversity jurisdiction pursuant to 28 U.S.C. 1332.

WHEREFORE, Plaintiff prays for judgment against the Defendant as set forth
above with his costs, interest and other such relief the Court shall deem proper.

Defendant answered as follows:

1.

The Defendant specifically denies those allegations and claims contained in Paragraph 1 of Plaintiff’s Petition and demands strict proof thereof.

2.

The Defendant specifically denies those allegations and claims contained in Paragraph 2, including subparagraphs (a) through (d) of Plaintiff’s Petition and demand strict proof thereof.

AFFIRMATIVE DEFENSES

COMES NOW Defendant, JENA SUMNER, 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 accident was an unavoidable accident, casualty and misfortune that occurred without negligence on the part of the Defendant.

5.

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.

6.

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

7.

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

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

The Pre-Trial Order Provided in Part:

3. Plaintiff’s Contentions:

On or about August 12, 2010, in Oklahoma City, Oklahoma, Oklahoma County
the Defendant Jena Sumner negligently drove her vehicle into Plaintiff’s vehicle.

A. Authority

1. Common Law Negligence

B. Damages

1. Medical Bills $23,539.18

2. Future Medicals None

3. Pain & Suffering Amount to be determined by a jury

4. Lost Wages None

5. Permanent Impairment Yes

4. Defendant’s Contentions:

Grounds for Defense Applicable Statute. Ordinance, Common Law Rule

1. Pre-existing condition or Common Law injury

2. Post-arising condition or Common Law injury

3. Failure to mitigate Common Law
damages

4. General denial of Common Law
damages

* * *

Outcome: Settled and dismissed with prdjudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: