Date: 09-10-2012
Case Style: A.D.R. v. Maria Sofia Maness
Case Number: CJ-2011-95
Judge: Tracy Schumacher
Court: District Court, Cleveland County, Oklahoma
Plaintiff's Attorney: Robert Allen Flagler and Rita M. Flagler
Defendant's Attorney: Jim Buxton
Description: A.D.R., J.T.R. and A.M.R., minors by and through their natural mother, and next friend Larissa Rollings sued Maria Sofia Manes, Dustin Joe Sills, and Big Red Sports/Imports on auto negligence theories claiming:
1. Said minor Plaintiffs and their natural mother and next friend are individuals and are residents of Cleveland County, Oklahoma.
2. Defendant Maria Sofia Maness is an individual and a resident of Cleveland County, Norman, Oklahoma.
3. Defendant Dustin Joe Sills, who is one and the same person as Duston Joe Sills, (herein “Sills”) is an individual and a resident of Oklahoma County, Oklahoma City, Oklahoma.
4. Defendant Big Red Sports/Imports, an Oklahoma LLC, (herein “Big Red Sports/Imports”) is doing business in Cleveland County, Oklahoma, at 418 North Interstate Drive in Norman, Oklahoma.
5. At all time relevant hereto, Defendant Sills was an agent of Big Red Sportsllmports and was acting within the scope of his employment and authority.
6. Plaintiffs bring this suit to recover damages for personal injuries sustained by said minor Plaintiffs in a collision on West Main Street in the City of Norman, County of Cleveland, State of Oklahoma, on or about February 5th, 2009, which collision was proximately caused by the negligence of the defendants. 7. On February 51h, 2009, the minor Plaintiffs were passengers in a vehicle driven by Maria Sofia Maness (herein “Maness”.) 8. On February 5, 2009, Maness was driving her vehicle West on Main Street just west of Interstate 35.
9. On February 5th, 2009, Defendant Dustin Joe Sills was driving west on West Main Street just west of Interstate 35 in a vehicle owned by Defendant Big Red Sportsllmports.
10. Defendant Maness reported that Defendant Sills failed to yield the right of way as Defendant Sills came off of the Interstate 35 (North bound) off ramp curving South and then West onto West Main Street and drove onto West Main Street immediately in front of the vehicle being driven by Defendant Maness. Defendant Maness reported that Defendant Sills then abruptly stopped immediately in front of her creating a sudden emergency that Defendant Maness could not avoid due to a car being on her left and the drop off of the bridge over Interstate 35 being on her right, and she collided into the rear of Defendant Sills’ vehicle.
11. Defendant Sills reported that he ran out of gas and his vehicle stopped in the west bound lane of West Main Street and that Defendant Maness collided into the rear of his disabled car.
12. Based on either version of the cause of the accident, the two drivers were each guilty of negligence in a degree to be established by the trier of fact herein.
13. The negligence of the drivers includes, but is not necessarily limited to, the following:
a. Each driver failed to pay adequate attention to the road and traffic and conditions that existed at the time.
b. Each driver failed to devote full time and attention to the act of driving on a public street or roadway.
c. Each driver operated their vehicle carelessly, without due caution and circumspection, or in a manner so as to endanger or be likely to endanger a person or property.
d. Each driver failed to operate the drivers vehicle so that the vehicle could be stopped in an assured safe distance ahead.
e. Each driver failed to yield.
f. Each driver operated the drivers vehicle in a willful and wanton manner without regard for the safety & other persons and property.
9. Each driver failed to exercise due care to avoid the collision.
h. Defendant Sills failed to give an adequate signal of intention to turn right onto West Main Street, an adequate signal of intention to stop or an adequate signal that his vehicle was disabled.
i. Defendant Maness operated her vehicle so as to follow another vehicle more closely than is reasonable and prudent having due regard for the speed of such vehicle, traffic, and street conditions.
14. Defendant Sills failed to use ordinary care in his performance of various acts and omissions, as listed above, each of which singularly or in combination with others, was a proximate cause of the accident which is the subject of this lawsuit:
15. Defendant Maness failed to use ordinary care in her performance of various acts and omissions, as listed above, each of which singularly or in combination with others, was a proximate cause of the accident which is the subject of this lawsuit.
16. Defendant Sills has a driving history that includes being charged with speeding, reckless driving, and unauthorized use of a motor vehicle.
17. Defendant Big Red Sportsllmports negligently entrusted Defendant Sills with the motor vehicle involved in the collision with no reasonable inquiry of Defendant Sills driving skills, with no training to remedy Defendant Sills’ driving abilities, and no limitations on Defendant Sills’ operation of the vehicle.
18. If it is established that Defendant Sills did, in fact, run out of gas, Defendant Big Red Sportsllmports was negligent in that it put Defendant Sills in a condition that could be reasonably foreseen to create a hazard endangering persons and property on public roadways.
19. The collision that occurred was proximately caused by negligent ads and omissions of Defendants Maness, Sills, and Big Red Sports/Imports.
20. As a result of the negligence described above, the minor plaintiffs have suffered personal injuries and experienced physical pain and will continue to experience physical pain due to the negligence of the defendants.
21. Said minor Plaintiffs have incurred medical charges and expenses resulting from the collision and will continue to incur future medical charges and expenses resulting from the collision, as treatment is on going.
22. As a result of the collision described above, the minor plaintiffs have experienced scarring and disfigurement.
WHEREFORE, Plaintiffs demand judgment against said Defendants, jointly and severally, for the following:
1. Damages for: (a) personal injuries, (b) past and future pain and suffering and mental anguish, (c) past and permanent bodily impairment and disabilities, (d) scarring and disfigurement, (e) past and future medical and healthcare expenses, and ( past and future prescription expenses, all in an amount in excess of Ten Thousand Dollars ($10,000.00.)
2. Pre-judgment and post judgment interest.
3. Reasonable costs and litigation expenses incurred herein.
Plaintiffs further pray for such other relief as to which the Plaintiffs may be entitled and which may be deemed just and proper by this Court.
Maria Sofia Maness answered as follows:
1. Defendant is without sufficient information to admit or deny the allegations contained in paragraph number I of Plaintiffs Petition and therefore demands strict proof thereof.
2. Defendant admits the allegations contained in paragraph number 2 of Plaintiffs Petition.
3. Defendant denies the allegations contained in paragraph number 3 of Plaintiffs Petition and demands strict proof thereof.
4. Defendant denies the allegations contained in paragraph number 4 of Plaintiffs Petition and demands strict proof thereof.
5. Defendant denies the allegations contained in paragraph numbers of Plaintiffs Petition and demands strict proof thereof.
6. Defendant denies the allegations contained in paragraph number 6 of Plaintiffs Petition and demands strict proof thereof.
7. Defendant denies the allegations contained in paragraph number 7 of Plaintiffs Petition and demands strict proof thereof.
8. Defendant admits the allegations contained in paragraph number 8 of Plaintiffs Petition.
9. Defendant admits the allegations contained in paragraph number 9 of Plaintiffs Petition.
10. Defendant is without sufficient information to admit or deny the allegations contained in paragraph number 10 of Plaintiffs Petition and therefore demands strict proof thereof.
11. Defendant is without sufficient information to admit or deny the allegations contained in paragraph number 11 of Plaintiffs Petition and therefore demands strict proof thereof.
12. Defendant denies the allegations contained in paragraph number 12 of Plaintiffs Petition and demands strict proof thereof.
13. Defendant denies the allegations contained in paragraph number 13 of Plaintiffs Petition and demands strict proof thereof.
14. Defendant is without sufficient information to admit or deny the allegations contained in paragraph number 14 of Plaintiffs Petition and therefore demands strict proof thereof.
15. Defendant denies the allegations contained in paragraph number 15 of Plaintiffs Petition and demands strict proof thereof.
16. Defendant is without sufficient information to admit or deny the allegations contained in paragraph number 16 of Plaintiffs Petition and therefore demands strict proof thereof.
17. Defendant is without sufficient information to admit or deny the allegations contained in paragraph number 17 of Plaintiffs Petition and therefore demands strict proof thereof
18. Defendant is without sufficient information to admit or deny the allegations contained in paragraph number 18 of Plaintiffs Petition and therefore demands strict proof thereof.
19. Defendant denies the allegations contained in paragraph number 19 of Plaintiffs Petition and demands strict proof thereof
20. Defendant denies the allegations contained in paragraph number 20 of Plaintiffs Petition and demands strict proof thereof.
21. Defendant denies the allegations contained in paragraph number 21 of Plaintiffs Petition and demands strict proof thereof.
22. Defendant denies the allegations contained in paragraph number 22 of Plaintiffs Petition and demands strict proof thereof
AFFIRMATIVE DEFENSES
COMES NOW Defendant, and states the following affirmative defenses to the Petition filed by the Plaintiffs herein.
1. Whether the Plaintiffs suffer from any pre-existing or post-arising medical condition will be developed during discovery and Defendant herein reserves all defenses in that regard.
2. Whether the Plaintiffs have acted to mitigate their damages will be developed during discovery and Defendant herein reserves all defenses in that regard.
3. The accident and damages of the Plaintiffs, if any, were caused by the negligence of the Plaintiffs or others.
4. The accident and damages of the Plaintiffs, if any, were caused by the comparative negligence of the Plaintiffs or others.
5. Additional defenses may be developed during discovery and Defendant reserves the right to supplement in that regard.
WHEREFORE, having fully answered, the Defendant prays that the Plaintiffs take nothing by way of their Petition herein and that the Defendant be dismissed with costs and attorney fees and any other relief this Court may deem equitable and just.
COMES NOW, Larissa Rollings, mother and next friend of A.D.R., J.T.R. and A.M.R., minors, Plaintiffs herein, (hereinafter “Plaintiffs”) and respectfully requests the Court to approve the settlement agreement between Plaintiffs and Big Red Sports/Imports, an Oklahoma LLC.
1. This action arises out of an accident that occurred on February 5th, 2009.
2. Larissa Rollings is the mother of the three (3) minor children, A.D.R., JT.R. and A.M.R.
3. As a result of the accident referred to in paragraph 1, A.D.R., J.T.R. and A.M.R., all minors, sustained injuries requiring medical treatment which resulted in medical expenses.
4. Plaintiffs, A.D.R., J.T.R. and A.M.R., minors, by and through their natural mother and next friend, Larissa Rollings, have entered into a settlement agreement with Defendants Dustin Joe Sills and Big Red Sports/Imports, an Oklahoma LLC and their insurer, Zurich/Universal Underwriters Insurance Company, whereby said Defendants’ insurer will pay to Plaintiffs, A.D.R., J.T.R. and A.M.R., minors, by and through their natural mother and next friend, Larissa Rollings, the sum of $32,500.00 ($30,000.00 for A.D.R., $1,250.00 for J.T.R. and $1,250.00 for A.M.R., in return for Plaintiffs’ agreement to forever release Defendants Dustin Joe Sills and Big Red Sports/Imports, an Oklahoma LLC, for any and all claims arising out the the accident occurring on February 5th 2009.
5. It is specifically understood between the parties to this settlement agreement that the total payment of $32,500.00 made by Defendants Dustin Joe Sills and Big Red Sports/Imports, an Oklahoma LLC, via their insured, is not an admission of liability on the par of said Defendants, but that said payments if merely paid in compromise of a disputed claim in order to avoid further litigation.
6. Larissa Rollings, mother and next friend of A.D.R., J.T.R. and A.M.R., minors, Plaintiffs herein, states that the settlement agreement with Defendants Dustin Joe Sills and Big Red Sports/Imports, an Oklahoma LLC is entered into of her own free will and that she believes the settlement to be fair and just and has entered into the same of her own free will.
WHEREFORE, Larissa Rollings, mother and next friend of A.D.R., J.T.R. and A.M.R., minors, Plaintiffs herein respectfully request the Court to approve the settlement agreement with Defendants Dustin Joe Sills and Big Red Sports/Imports, an Oklahoma LLC, as set forth above, and further respectfully requests the Court, upon said approval, to order the civil claims of Larissa Rollings, mother and next friend of A.D.R., J.T.R. and A.M.R., minors, Plaintiffs herein, against Defendants Dustin Joe Sills and Big Red Sports/Imports, an Oklahoma LLC, be dismissed with prejudice.
Outcome: Now, on this 25th day of June, 2012, this matter comes before the Court on Plaintiffs’ Application and/or Motion. Larissa Rollings, Mother and Next Friend of minor Plaintiffs appear in person, and by counsel, Robert A. Flagler of Flagler & Flagler, P.C.
Defendant Maria Sofia Maness appears by counsel, Jim Buxton. Defendants Dustin Joe Sills and Big Red Sports/Imports, an Oklahoma LLC, received proper notice of this hearing by notice to their counsel, but did not file any objection and did not appear.
And the Court hearing argument of counsel and reviewing the pleadings, finds that the settlement agreement entered into between Plaintiffs and Defendants Dustin Joe Sills and Big Red Sports/Imports, an Oklahoma LLC and their insurer, Zurich/Universal Underwriters Insurance Company, whereby said Defendants’ insurer will pay to Plaintiffs, A.D.R., J.T.R. and A.M.R., minors, by and through their natural mother and next friend, Larissa Rollings, the sum of $32,500.00 ($30,000.00 for A.D.R., $1,250.00 for J.T.R. and $1,250.00 for A.M.R.), in return for Plaintiffs’ agreement to forever release Defendants Dustin Joe Sills and Big Red Sports/Imports, an Oklahoma LLC, from any and all claims arising out the accident occurring on February 2009, is hereby approved.
It is further Ordered, Adjudged and Decreed that the agreement of Defendant Maria Sofia Maness to pay the sum of $42,000.00 ($39,500.00 for A.D.R., $1,250.00 for J.T.R. and $1,250.00 for A.M.R.), to Plaintiffs in return for Plaintiffs’ agreement to forever release Defendant Maria Sofia Maness from any and all claims arising out the accident occurring on February 5k”, 2009, is hereby approved.
It is further Ordered, Adjudged and Decreed that Plaintiffs’ causes of action against all Defendants are hereby dismissed with prejudice.
COMES NOW, Plaintiff, A.D.R., J.T.R. and A.M.R. Minors, by and through their natural Mother, and next friend Larissa Rollings, and hereby dismisses the above-entitled and numbered cause with prejudice against the Defendant, Maria Sofia Maness.
Plaintiff's Experts:
Defendant's Experts:
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