Case Style: Antonio Valdez v. Andres Sanchez
Case Number: CJ-2011-6960
Judge: Carlos Chappelle
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Richard Ravits, Tulsa, Oklahoma
Defendant's Attorney: Adam Scott Weintraub, Savage O'Donnell Affeldt Weintraub & Johnson, Tulsa, Oklahoma
Description: Antonio Valdez sued Andres Sanchez on an auto negligence theory claiming to have been injured in a car wreck caused by Sanchez.
COMES NOW Defendant Andres Sanchez through his attorneys of record, Savage Oâ€™Donnell Affeldt Weintraub & Johnson, by Adam Scott Weintraub, and for his answer to the allegations contained in Plaintiffs Petition, alleges and states as follows:
1. Mr. Sanchez admits that on the date and at the location alleged, he was involved in a motor vehicle accident with Plaintiff. All remaining allegations contained in Paragraph 1, 2, and 3 of Plaintiffs Petition are specifically denied and Mr. Sanchez demands strict proof thereof by a preponderance of the evidence.
2. Any allegation remaining in Plaintiffs Petition is specifically denied and Mr. Sanchez demands strict proof thereof by a preponderance of the evidence.
By way of fbrther and affirmative defense, if need there be, Mr. Sanchez alleges and states as follows:
1. If Mi. Sanchez was negligent, which is not admitted but is specifically denied, such negligence was secondary in degree to that of Plaintiff as a proximate cause of any injuries or damages which Plaintiff claims to have suffered, by reason of which Plaintiffs claims are barred under the Oklahoma laws of contributory and/or comparative negligence.
2. If Plaintiff had any medical treatment as a result of this accident underlying this case, which is not admitted but is specifically denied, such treatment was
neither reasonable nor necessary. Further, the bills charged for said treatment
was neither reasonable nor necessary.
3. Defendant reserve the right to add additional general and/or affirmative defenses upon the completion of discovery.
WHEREFORE, premises considered, Defendant Andres Sanchez prays that Plaintiff takes nothing by way of said Petition, that he be dismissed from this action with his costs, and for such other and affirmative relief as this Honorable Court deems just and equitable.
Outcome: Settled and dismissed with prejudice.