Date: 08-16-2012

Case Style: Amber Nicole Smith v. Chiropractic Wellness Center, PLLC

Case Number: CJ-2011-5974

Judge: Linda G. Morrissey

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Russell M. Jacobson, Jr., Tulsa, Oklahoma

Defendant's Attorney: Robert B. Sartin, Bruce E. Roach, Timothy L. Rogers, Barrow & Grimm, P.C., Tulsa, Oklahoma; and Brandon P. Wilson, Oklahoma City, Oklahoma for Chiropractic Wellness Center, PLLC

A. Mark Smiling and J. Anthony Miller, Smiling & Miller, P.A., Tulsa, Oklahoma for Sybaritic Global Aesthetics, LLC

Description: Amber Nicole Smith v. Chiropractic Wellness Center, PLLC aka Chiropractic Wellness Center and Spa aka Great Skin, Sybaritic, Inc. and Sybaritic Global Aesthetics, LLC on medical negligence (medical malpractice) theories. The specifics of the claims made are not available.

The defenses asserted by The Chripractic Wellness Center are not available.

DEFENDANTS SYBARITIC’S ANSWER TO CROSS-CLAIM OF DEFENDANT CHIROPRACTIC WELLNESS CENTER

COME NOW Defendants Sybaritic Global Aesthetics, LLC and Sybaritic, Inc. (collectively “Sybaritic�), and for their Answer to Co-Defendant Chiropractic Wellness Center’s Cross-Claim for indemnification and contribution, alleges and state as follows:

1. Sybaritic admits that jurisdiction and venue are proper, but dniq all remaining allegations contained within Defendant Chiropractic Weliness Center’s Cross- Claim for indemnification and contribution and demands strict proof thereof. Defendant Sybaritic specifically reserves the right to amend this Answer to include additional general or specific affirmative defenses upon completion of discovery.

AFFIRMATIVE DEFENSES

1. Defendant Chiropractic Wellness Center’s Cross-Claim is premature and fails to state a claim upon which relief can be granted against Defendants Sybaritic Global Aesthetics, LLC and Sybaritic, Inc.

2. For further answer and defense, Defendant Sybaritic denies that it was negligent and states that the direct cause of Plaintiff’s alleged damages was the negligence of Chiropractic Wellness Center, Plaintiff, and/or third-parties over whom Sybaritic has no control and for whose acts Sybaritic is not responsible or the actions of Plaintiff.

3. For further answer and defense, Defendant Sybaritic reserves the right to plead additional affirmative defenses and amend its Answer to Defendant Chiropractic Wellness Center’s Cross-Claim at any time up to, and including, the Pre-Trial Conference Order in this matter.

WHEREFORE, premises considered, Defendants Sybaritic Global Aesthetics, LLC and Sybaritic, Inc., having fully answered the Cross-Claim of Defendant Chiropractic Wellness Center, respectfully request that Defendant Chiropractic Wellness Center take nothing by way of said Cross-Claim, that Defendants Sybaritic be dismissed from this action, and that judgment be entered against Defendant Chiropractic Wellness Center for any damages Plaintiff may have sustained in the subject incident, together with all costs, and other such relief the Court deems just and proper.

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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