Date: 07-16-2012

Case Style: Karrie L. Cox v. John W. Granchie

Case Number: CJ-2011-6761

Judge: Jefferson D. Sellers

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Russell D. Lobaugh and Kimberly N. Clark, Boettcher & Lobaugh, Tulsa, Oklahoma

Defendant's Attorney: Dan S. Folluo and J. Brian Brandes, Rhodes, Hieronymus, Jones, Tucker & Gable, P.L.L.C., Tulsa, Oklahoma

Description: Karrie L. Cox sued John W. Granchie on an auto negligence theory claiming to have been injured in a car wreck caused by Granchie. She also sued J.D. Young Company, Inc. on a respondeat superior theory claiming that Granchie was working to J.D. Young when the accident that he caused occurred.

COMES NOW the Defendant J. D. Young Company, Inc., and Answers Plaintiff’s Amended Petition in numerical sequence as follows:

I. Defendant does not have enough information to either admit or deny the allegations contained in Paragraph I of Plaintiffs Amended Petition.

2. Defendant denies the allegations contained in Paragraph 2 of Plaintiffs Amended Petition.

3. Defendant admits the allegations contained in Paragraph 3 of Plaintiffs Ameed Petition.

4. Defendant admits the allegations contained in Paragraph 4 of Plaintiffs Amended Petition.

5. Defendant admits that an accident occurred on or about date alleged, at the loclon alleged. The balance of the allegations contained in Paragraph No. 5 of the Plaintiffs Amended_ Petition are denied.

6. Defendant denies the allegations contained in Paragraph 6 of Plaintiffs Amend Petition.

Defendant denies the remainder of the allegations contained in Plaintiff’s Amended Petition.

AFFIRMATIVE DEFENSES

1, The accident in question was caused by the negligence of a third-party over whom this Defendant had no control.

2. John W. Granchie is an improperly named Defendant, per the Suggestion of Death Filed Upon the Record on December 23, 2011.

3. Plaintiff’s claimed damages were not proximately caused by the at-issue accident.

4. Plaintiff has failed to mitigate her damages.

5. Defendant John Granchie was presented with an unavoidableaccident and his actions were reasonable based upon the sudden emergency with which he was confronted.

6. Plaintiffs claimed injuries are secondary to pre-existing conditions and/orsubsequent incidents.

7. Defendants deny any and all allegations of negligence.

8. Plaintiffs Petition fails to state a cause of action for attorney’s fees.

9. This Defendant reserves the right to amend or modifj its Answerupon the completion of discovery.

WHEREFORE, premises consideied, this Defendant prays that they be dismissed from this cause of action with its costs and attorneys fees expended herein and for any and all other relief as the Court may deem just and proper.

Outcome: Dismissed without prejudice as to John W. Granchie for failure to make service.

Plaintiff's Experts:

Defendant's Experts:

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