Date: 06-20-2013

Case Style: John Spahos v. Christopher Warren

Case Number: CJ-2012-1083

Judge: Patricia G. Parrish

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: William C. "Bill" Abney, Jr.

Defendant's Attorney: David B. Donchin and Andrew M. Gunn

Description: John Spahos sued Christopher Warren on an auto negligence theory claiming:

1. On or about September 23, 2011, the Plaintiff was injured in a pedestrian/automobile accident proximately caused by the negligence of the above-named Defendant.

2. As a result of the accident, Plaintiff incurred medical expenses, will incur future medical expenses, has suffered in the past and will suffer in the future mental and physical pain and suffering, and has suffered injuries which are permanent and progressive all in a sum in excess of the amount required for diversity jurisdiction pursuant to Section 1332 of Title 28 of the United States Code for which he prays judgment.

WHEREFORE Plaintiff prays judgment against the above-named Defendant for a sum in excess of the amount required for diversity jurisdiction pursuant to Section 1332 of Title 28 of the United States Code and for such other relief as this Court deems just and proper.

Defendant appeared and answered as follows:

1. Defendant admits that an incident occurred on or about the stated date; otherwise, the allegations contained in paragraph 3 of Plaintiff’s Petition are denied.

2. Defendant denies the allegations contained in paragraph 2 of Plaintiff’s Petition *

AFFIRMATIVE DEFENSES

1. Plaintiff fails to state a cause of action upon which relief may be granted.

2. Plaintiff’s negligence caused or contributed to the accident.

3. At the time of the accident, Plaintiff was a crossing a roadway in violation of applicable laws, ordinances and/or statutes.

4. Said accident was caused or contributed to by the negligence of third persons over whom this Defendant had no control.

5. The conditions of which Plaintiff complains constitute an aggravation of preexisting conditions.

6. Plaintiffs damages and injuries, if any, are the result of other conditions, illnesses, or accidents unrelated to the accident that is the basis for this lawsuit.

7. Discovery is still ongoing and Defendant reserves his right to amend this Answer as discovery progresses.

WHEREFORE, having fully answered, Defendant prays that Plaintiff take nothing by way of his Petition and that Defendant recover his costs and such other and further relief as the Court deems just and proper.

Outcome:

Plaintiff's Experts:

Defendant's Experts:

Comments: