Date: 09-10-2012

Case Style: Bryan Chase Dalvine v. Tysun McConnell

Case Number: CJ-2011-520

Judge: Lori Walkley

Court: District court, Cleveland County, Oklahoma

Plaintiff's Attorney: George H. Brown, Joshua C. Stockton and Tony Gould

Defendant's Attorney: Brad L. Roberson

Description: Bryan Chase Dalvine sued Tysun McConnell on an auto negligence theory claiming:

1. Plaintiff is an individual who resides in Edmond, Oklahoma County, Oklahoma.

2. Defendant is an individual who subjected himself to personal jurisdiction in this state by driving on Interstate 35 near Moore, Oklahoma, and causing injuries to Plaintiff

3. The events giving rise to this lawsuit occurred in Cleveland County, Oklahoma.

II.

JURISDICTION AND VENUE

Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 3.

4. This Court has jurisdiction over this matter because the facts giving rise to this cause of action occurred in Cleveland County, and the total amount in controversy is in excess of $75,000.00.

5. Cleveland County, Oklahoma is the proper venue for this action because it is the county where the events giving rise to this lawsuit occurred.

III.

THEORY OF RECOVERY

(Negligence)

Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 5.

6. On or about August 30, 2009, Plaintiff was traveling southbound on Interstate 35 in rush hour traffic near Moore, Oklahoma. While Plaintiffs vehicle was at a complete stop due to the heavy rush hour traffic, Defendant’s vehicle struck Plaintiffs vehicle from behind.

7. Defendant has a duty to Plaintiff not to operate his vehicle in an unreasonable and unsafe mamer, as well as to abstain from inflicting injury upon Plaintiff.

8. Defendant breached this duty when he operated his vehicle in a negligent and unreasonable fashion and rear-ended Plaintiffs vehicle.

9. As a direct result of Defendant’s conduct, Plaintiff was injured and has incurred medical expenses and physical and mental pain and suffering in the past, present and future for which judgment is now prayed.

10. But for Defendant’s unreasonable, wrongful and unsafe driving, Plaintiff’s injuries, medical expenses and physical and mental pain and suffering would not have occurred.

WHEREFORE, Plaintiff prays for judgment in his favor and against the Defendant in an amount in excess of Seventy-Five Thousand Dollars ($75,000.00), along with any other and further relief that this Court deems just and equitable under the circumstances.

Defendant was served by publication and answered as follows:

1. Defendant denies the allegations and statements contained within numerical paragraph 1 of Plaintiff’s Petition.

2. Defendant denies the allegations and statements contained within numerical paragraph 2 of Plaintiff’s Petition.

3. Defendant denies the allegations and statements contained within numerical paragraph 3 of Plaintiff’s Petition.

4. Defendant denies the allegations and statements contained within numerical paragraph 4 of Plaintiff s Petition.

5. The allegations and statements contained within numerical paragraph 5 of Plaintiff’s Petition contain legal conclusions for which no response is necessary.

6. Defendant denies the allegations and statements contained within numerical paragraph 6 of Plaintiffs Petition,

7. The allegations and statements contained within numerical paragraph 7 of Plaintiff’s Petition contain legal conclusions for which no response is necessary.

8. The allegations and statements contained within numerical paragraphS of Plaintiff’s Petition contain legal conclusions for which no response is necessary.

9. Defendant denies the allegations and statements contained within numerical paragraph 9 of Plaintiff’s Petition.

10. Defendant denies the allegations and statements contained within numerical paragraph 10 of Plaintiff’s Petition,

AFFJRMATWE DEFENSES

1. The conditions and/or injuries of which Plaintiff complains constitute preexisting conditions and/or conditions sustained prior to the alleged incident, which were neither caused, nor aggravated by this Defendant, and for which this Defendant is not liable.

2. Plaintiffs alleged injuries and damages were caused, in whole or in part, by the negligence of a third party or parties over whom this Defendant had no control, and for whose acts this Defendant is not responsible.

3. If it is shown that this Defendant, or any person acting on his behalf, was negligent, which negligence is specifically denied, the negligence of Plaintiff exceeded any such negligence on the part of this Defendant, thereby barring Plaintiff from recovery.

4. Plaintiff assumed the risk of any injury.

5. Plaintiffs injuries or damages, if any, were the result of an unavoidable accident or sudden emergency.

6. Any damages which Plaintiffmay have suffered were the result of superceding and/or intervening causes for which this Defendant cannot be held responsible.

7. Plaintiff has failed to mitigate his alleged damages.

8. Plaintiffs medical treatment was unreasonable and unnecessary.

9. This Defendant reserves the right to list additional Affirmative Defenses or assert additional claims as discovery progresses, and as additional information becomes known and available.

WHEREFORE, the Defendant, Tysun McConnell, respectfully requests that judgment be entered in his favor, and that he be awarded all costs extended in the defense of this matter, and for such other and further relief as this court may deem just and proper.

Outcome: Plaintiff; Bryan Chase Daivine, by and through his counsel of record, hereby dismisses with prejudice any and all causes ot action againt Defendant. Tysun McConnell, in the above—styled action as to re-:Ehing of the same.

Plaintiff's Experts:

Defendant's Experts:

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