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Date: 07-02-2013

Case Style: Leonard Earl Coffman v. Michael Kent Madewell

Case Number: CJ-2011-5107

Judge: Linda G. Morrissey

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: James V. Murray

Defendant's Attorney: Jeffrey A. King for Michael Kent Madewell

Gerald P. Green and Mark Edward Hardin for Swinford Corporation and Nationwide Agribusiness Insurance Company

Wm. Gregory James and Sharon K. Weaver for Adam Dewitt Smith

Description: Leonard Earl Coffman sued Michael Kent Madewell and Swinford Corporation dba Swinford Equipment Co. on auto negligence and respondeat superior theories claiming to have been injured and damaged in a car wreck in Tulsa County, Oklahoma caused by Madewell.

Defendant filed an third-party action for contribution against Adam Dewitt Smith.

Plaintiff claimed:

1. Plaintiff is now and was at the time of the accident a resident of Payne County, Oklahoma.

2. At the time of the accident, Defendant MADE WELL was a resident of Verona, Missouri.

3. Defendant NATIONWIDE is the UM/UIM carrier for the motor vehicle with Plaintiff was operating at the time of the accident.

FIRST CAUSE OF ACTION

4. On or about September 18, 2009, an automobile accident occurred 1/10 mile West of the intersection of State Highway 97and LI. S. I-Iighway 64 in Tulsa County, Oklahoma (hereinafter referred to as “the accident”) and was caused by the negligence of Defendant.

5. On the accident report, Defendant is listed as the at-fault party for unsafe speed on wet roadway.

6. Plaintiff sustained personal injuries and pain and suffering as a result of the accident and the negligence of Defendant.

7. Plaintiff has suffered permanent injuries as a result of the accident.

WHEREFORE, premises considered, Plaintiffs pray for judgment against Defendants for an amount sufficient to pay all past and future medical bills, an amount in excess of $10,000.00 for damages, pain and suffering, attorney’s fees, costs, and any other relief to which Plaintiffs may be entitled and the Court deems just and equitable.

SECOND CAUSE OF ACTION

8. Plaintiff adopts each and every allegation contained in paragraphs one (1) through seven (7) above, and for his Second Cause of Action, alleges and states as follows:

9. Plaintiff was on the job and in a company vehicle insured by Defendant NATIONWIDE at the time of the accident.

10. Plaintiff is hereby putting Defendant NATIONWIDE on notice that damages may exceed policy limits of the tortfeasor and, as such, may make a claim against the uninsured/underinsured motorist portion of the policy.

WHEREFORE, premises considered, Plaintiff prays for judgment against Defendants for an amount sufficient to pay all medical bills, and an amount in excess of $15,000.00 for general damages, pain and suffering, attorney’s fees, costs, and for such other and further relief to which Plaintiff may be entitled and the Court deems just and equitable.

Outcome: Dismissed with prejudice as to Adam Dewitt Smith and Swinford Corporation

Plaintiff's Experts:

Defendant's Experts:

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