Date: 10-17-2013

Case Style: Andrew Joseph Mack v. Darrell Glen Lange

Case Number: CJ-2011-5444

Judge: Dana Kuehn

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Ryan M. Roberts

Defendant's Attorney: Mellisa Minto Schmidt for Zachary Dean Young

Matthew Wade for Brett William Clark

Mark A. Warman for Darrell Glen Lange

Description: Andrew Joseph Mack sued Darrell Glen Lange, Brett William Clark and Zachary Dean Young on auto negligence theories claiming to have been injured and/or damaged in a car wreck in Tulsa County caused by Defendants.

The specifics of the claims made by Plaintiff are not available.

Defendant Lange appeared and answered as follows:

1. Defendant denies generally and specifically each, every and all claims asserted in said Petition, except for the allegation that the incident occurred on the date and at the location alleged in said Petition.

2. Defendant specifically denies that his acts or omissions proximately caused the damages complained of.

3. Pleading in the alternative, Defendant alleges that Plaintiff was guilty of acts and omissions solely or partly causing the complained of damages. That said acts or omissions, solely or contributing with acts or omissions of third parties. precludes Piaintiff’s recovery herein against this Defendant.

4. Pleading in the alternative, Defendant alleges that any wrong on his behalf was not the proximate cause of damage and that the proximate causes of damages, if any, were the acts of third persons or circumstances not within the control of this Defendant.

5. Pleading in the alternative, Defendant alleges that the accident complained of was a result of a sudden emergency arising from circumstances beyond the control of this Defendant, and for which this Defendant was required to respond immediately and without time for forethought or contemplation, and the response of this Defendant brought about by said sudden emergency was such that Plaintiff should be precluded from recovering against this Defendant.

6. Defendant is unable at this time, prior to discovery having been completed, to delineate other possible defenses to Plaintiffs claims other than as contained within this Answer, and therefore, reserves the right to add other defenses which may be discovered priorto pretrial order herein.

WHEREFORE, having frilly answered, this Defendant prays that the Plaintiff take nothing against him by way of his Petition and that he be granted judgment on all claims together with interest, cost and attorney fees as allowed by law.

Defendant Zachary Dean Young appeared and answered as follows:

1. The Defendant generally and specifically denies each and every material allegation in Plaintiff’s Petition except those allegations specifically admitted herein.

2. The Defendant admits that an accident occurred between the parties on or about 08-12-11 in Tulsa County, State of Oklahoma.

3. The Defendant admits that jurisdiction and venue are proper in Tulsa County, State of Oklahoma.

4. The Defendant denies all allegations of negligence and demands strict proof thereof. The Defendant further asserts that Plaintiff’s own negligence was the sole cause of the accident or that it contributed to the negligence of the Defendant (which is denied) and/or of the other Defendants to cause the subject accident.

5. The Defendant denies all allegations of damages and demands strict proof thereof. The Defendant further asserts that Plaintiff’s damages are the result of conditions/causes which are unrelated to the subject accident.

6. The Defendant reserves the right to amend his Answer upon completion of discovery. WHEREFORE, having fully answered, the Defendant, Zachary Dean Young, prays that Plaintiff take nothing by way of his Petition against him and prays that judgment be entered in his favor and against the Plaintiff and for such further and equitable relief this Court deems just and proper.

CROSS CLAIM

COMES Now the Defendant, Zachary Dean Young, and for his Cross Claim against the Co-Defendants, Darrell Glen Lange and Brett William Clark, states as follows:

7. The Defendant adopts and re-alleges, as if fully restated herein, his Answer set forth in paragraphs 1 through 6 above.

8. The Defendant asserts that in the event he if found liable to the Plaintiff, then, the Defendant is entitled to judgement over and against one or both of the Co-Defendants for the contributory share of the Plaintiff’s damages.

9. The Defendant further asserts that as a direct result of the negligence of one or both of the Co-Defendants, the Defendant has suffered damages including but not limited to medical treatment and bills, past and future, pain and suffering and emotional distress, entitling him to judgment against one or both of the CoDefendants.

WHEREFORE, the Defendant, Zachary Young, prays that judgment be entered in his favor and against one or both of the CoDefendants, Darrell Lange and/or Brett Williams for their contribution towards any liability Plaintiff obtains against Zachary Young and for damages Zachary Young has suffered as a result of the negligence of the Co-Defendants in an amount in excess of $75,000.00 plus interest, costs and such further and equitable relief this Court deems just and proper.

Defendant Brett William Clark appeared and answered as follows:

1. Defendant Brett W. Clark generally and specifically denies each and every material allegation contained in the Cross Claim filed on behalf of Defendant Young except those which are specifically admitted hereinafter.

2. Defendant Brett W. Clark admits an accident happened at or near the date and time described in Paragraph 2 of Defendant Young’s Cross-Claim, but denies the remaining allegations.

AFFIRMATIVE DEFENSES

3. The Defendant contends that the Plaintiff is negligent and that such negligence caused or contributed to the cause of the accident. A recovery by the Plaintiffs, if any, must be reduced by her/his percentage of negligence.

4. The accident in question, and any injuries resulting there from, was caused by the negligence, misconduct, or some act or failure to act on the part of a third party(s) over whom the Defendant had no control.

5. Defendant reserves the right to amend this Answer in accordance with Title 12 O.S. § 2015 or, upon the completion of discovery, following proper application to the Court.

6. As it concerns the Defendant Brett Clark, the accident in question was an unavoidable accident.

7. The Defendant Brett Clark was confronted with a sudden emergency not brought about by any negligence on his part and he acted as a reasonable and prudent person at all times thereafter. CROSS-CLAIM

COMES NOW, the Defendant Brett Clark, and for his Cross-Claim against CoDefendant Darrell Glen Lange, state as follows:

8. The Defendant Brett Clark asserts that in the event he is found liable to the Plaintiff, then the Defendant, is entitled to judgment over and against the Defendant Darrell Lange for the contributory share of Plaintiff’s damages. WHEREFORE, having fully answered, Defendant, Brett W. Clark, prays that the Defendant Zachary Dean Young take nothing by reason of his Cross-Claim, that this action be dismissed for an award of costs and attorney’s fees and for all other relief deemed equitable by the Court and prays that judgment be entered in his favor and against the Defendant Darrell Lange for his contributory share of any liability Plaintiff obtains against the Defendant Brett Clark.

Outcome: Settled and dismissed with as to Brett William Clark for $1,500.

Settled with Zachery Dean Young for $1,500.

Brett Clark dismissed without prejudice as to Darrell Glen Lange.

Plaintiff's Experts:

Defendant's Experts:

Comments: