Date: 09-16-2012

Case Style: Robert Lee Leaverton v. Donna Danita Fulton

Case Number: CJ-2011-5974

Judge: Barbara G. Swinton

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Clayton T. Hasbrook and T. David Hasbrook

Defendant's Attorney: Thomas G. Ferguson, Jr.

Description: Robert Lee Leaverton sued Donna Danita Fulton on a personal tort theory claiming:

1. On or about October 29,2010, in Midwest City, Oklahoma County, State of Oklahoma, Defendant, negligently operated a motor Vehicle causing the vehicle to collide with a Vehicle owned and operated by Plaintiff.

2. The Plaintiff is seeking money damages in an amount in excess of the amount required for diversity jurisdiction pursuant to Section 1332 of Title 28 of the United States Code.

3. Plaintiff alleges that as a direct and proximate result of the careless and negligent acts and omissions of the Defendant he has suffered bodily and emotional injuries which have caused and will continue to cause physical and mental pain and suffering and that, as a result, he has incurred and will continue to incur medical expenses. Plaintiff’s medical bills are in excess of $4,279.00. Plaintiff alleges damages in an amount in excess of $75,000.00.

WHEREFORE, the Plaintiffrespectfiilly requests judgment against the Defendant in an amount in excess of $75,000.00, along with costs, interest, attorney fees, and any other and further relief to which he may be entitled.

Defendant answered as follows:

1. It is admitted that an accident occurred on or about October 29, 2010 in Midwest City, Oklahoma County, State of Oklahoma but it is denied that the Defendant was guilty of negligence as alleged in Plaintiffs Petition.

2. The allegations contained in paragraphs 2 and 3 of Plaintiffs Petition are denied.

4. The accident in question was unavoidable.

5. Upon information and belief the Plaintiff suffered from pre-existing conditions which were neither caused nor aggravated by the accident in question.

6. Upon information and belief the Plaintiff suffered personal injuries following the accident in question which injuries are not related to the accident in question and for which the Plaintiff cannot recover against this Defendant.

7. Discovery is only recently commenced in this matter and this Defendant reserves the right to assert such additional defenses and affirmative defenses as may become apparent following the completion of such discovery.

WHEREFORE having fully answered, Defendant, Donna Danita Fulton prays judgment in her favor and for such other relief as the Court deems appropriate.

The Pre-Trial Order provided the following, in part:

3. Plaintiff’s Contentions: A. List all theories of recovery and the applicable statutes, ordinances, and common law rules relied upon. The improper conduct of the Defendant includes, but is not limited to: Contention Applicable Statute. Ordinance or Common Law Negligence/Personal Injury Common law negligence, Negligence Per Se, Personal injury 47 O.S. § 11-310 (following too closely) 47 O.S. § 11-90 lb (failure to devote full time and attention to driving) B. List damage or relief sought. 1. Medical expenses in an amount in excess of $4,279.00 2. Pain and suffering in an amount in excess of $10,000.00 4. Defendant’s Contentions: A. List all theories of defense and the applicable statutes, ordinances and common law rules relied upon. Defense Applicable Statute. Ordinance or Common Law General denial Unavoidab1e accident Plaintiff suffered prom pre-existing conditions which were not caused or aggravated by the accident. Plaintiff’s personal injuries were not caused by the accident. No casual connection between the accident and Plaintiff’s injuries and damages.

Outcome: JUDGE SWINTON: DAY 2 JURY TRIAL : CASE COMES ON FOR JURY TRIAL-BOTH SIDES ANNOUNCE READY. PLAINTIFF PRESENT AND WITH COUNSEL HASBROOK. TOM FERGUSON REPRESENTS DEFENDANT AND IS PRESENT. DEFENDANT CALLS WITNESS', SWORN TESTIMONY HEARD AND EXHIBITS OFFERED. DEFENDANT REST. DEMMUR IS OVERULED. COURT INSTRUCTIONS TO JURY. CLOSING ARGUMENTS BY PLAINTIFF AND DEFENDANT. JURY RETIRES TO DELIBERATE AND RETURNS WITH A VERDICT IN FAVOR OF THE PLAINTIFF IN THE AMOUNT OF DAMAGES IN THE SUM OF $38,219.00. CYNTHIA ADAMS COURT REPORTER

Plaintiff's Experts:

Defendant's Experts:

Comments: Stephen B. Conner