Date: 01-10-2014

Case Style: Donald Peter Maher v. Deborah Vaughn Juillerat

Case Number: CJ-2011-6535

Judge: Mary Fitzgerald

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Robert L. Rode and Jesse Louis Fettkether

Defendant's Attorney: Andrea L. Medley

Description: Donald Peter Maher sued Deborah Vaughn Juillerat on an auto negligence theory.

The claims made by the Plaintiff are not available.

Defendant appeared and answered as follows:

1.

Upon information and belief, the facts and allegations set forth in Paragraph 1 of Plaintiffs Petition are admitted.

2.

It is admitted that a collision occurred between the Plaintiff, DONALD PETER MAHER,
and the Defendant, DEBORAH VAUGHN JUILLERAT, as set forth in Paragrap 2 of
Plaintiffs Petition. Defendant will admit fault for the accident. However, DeThndant specifically denies Plaintiffs version of how the collision occurred as set forth in Paragr ph 2 f Plaintiff’s Petition.

3.

Defendant admits fault for the accident. The remaining facts and allegations set forth in Paragraph 3 of Plaintiff’s Petition are denied.

4.

The facts and allegations set forth in Paragraph 4 of Plaintiff’s Petition are denied.

5.

The facts and allegations set forth in Paragraph 5 of Plaintiff’s Petition are denied.

6.

This Defendant denies generally and specifically each and every material allegation contained in the Petition of the Plaintiff except that which may be heretofore admitted.
Defendant readopts and realleges the statements previously made herein.

AFFIRMATIVE DEFENSES AND AVOIDANCES

7.

For ifirther answer and defense, should the Defendant be found negligent, this Defendant states that her negligence was not the direct cause of Plaintiffs alleged injuries and damage.

8.

For ffirther answer and defense, this Defendant would state the Plaintiff failed to use ordinary care with due regard to the existing conditions to prevent injury to himself.

9.

For further answer and defense, the Defendant would state that no recovery of damages should be allowed for any losses that the Plaintiff reasonably could have avoided and failed to do so.

10.

For further answer and defense, this Defendant states that the injuries complained of in Plaintiff’s Petition may be the result of preexisting health problems that were neither caused nor aggravated by this Defendant and for which this Defendant is not liable.

11.

For further answer and defense, this Defendant would state that the injuries complained of in Plaintiff’s Petition may be the result of health care problems which developed subsequent to the date of the alleged accident, which were neither caused nor aggravated by this Defendant and for which this Defendant is not liable.

12.

For further answer and defense, this Defendant reserves the right to plead additional affirmative defenses and amend her Answer upon the completion of discovery.

WHEREFORE, premises considered, Defendant, DEBORAH VAUGHN JUILLERAT, prays for judgment in her favor and against the Plaintiff, together with her costs of this action and such other and further relief as the Court deems is just and equitable.

JURY TRIAL DEMANDED

Defendant offered to allow the Plaintiff to take judgment pursuant to 12 O.S. 1101 in the amount of $17,001.00.

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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