Date: 07-16-2012

Case Style: Sonja Rutherford v. Linda Diane Molesworth

Case Number: CJ-2012-2021

Judge: Linda G. Morrissey

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Ken Ray Underwood, Law Office of Ken Ray Underwood, Tulsa, Oklahoma

Defendant's Attorney: Adam M. Baker and Michael G. McAtee, McAtee & Woods, P.C., Oklahoma City, Oklahoma and E.A. Bedford, Tulsa, Oklahoma and Ernie Bedord, Tulsa, Oklahoma

Description: COMES NOW the Plaintiff, Sonja Rutherford, and for her claims against the Defendant, Linda Diane Molesworth, states as follows:

1.

On February 25, 2012, the Defendant negligently drove a motor vehicle at a high rate of speed, hitting the Plaintiff, Sonja Rutherford, from behind.

II.

At the time of the wreck, Linda Diane Molesworth was driving her v4t1e under the influence of intoxicating beverages As a result of the negligence of the Defendant, the Plaintiff, Sonja Rutherford, was seriously and permanently injured, incurred medical bills, ind pain and suffering, lost wages, and will continue to lose wages, incur medical bills, and suffering in the future because of her injuries. As a result, the Plaintiff Sonja Rutherford has suffered losses from these and other related damages in an amount exceeding $75,000.

III.

The acts of the Defendant were intentional, reckless, and calculated to cause injury or death to others and reflected a reckless disregard for the rights and safety of the public and warrant an award of punitive damages in an amount exceeding $10,000.

WHEREFORE, the Plaintiff prays for judgment against the Defendant for actual damages in an amount exceeding $75,000, punitive damages in an amount exceeding $10,000, all costs of this action, a reasonable attorney fee, interest, and such further relief as the Court may deem just and proper.

COMES NOW the Defendant, Linda Diane Molesworth, and for her Answer to the Petition filed herein by the Plaintiff alleges and states as follows:

1. The Defendant denies the allegations contained in Paragraphs 1, 2 and 3 of Plaintiffs Petition and demands strict proof thereof.

AFFIRMATIVE DEFENSES

2. The incident complained of in the Plaintiffs Petition was caused by the negligence of third parties over whom this Defendant had no control or supervision, and therefore. liability will not attach to this Defendant.

3. The incident complained of in the Plaintiffs Petition was the direct result of the negligence of the Plaintiff in a degree to either prohibit or lessen any recovery thereunder.

4. The injuries complained of by the Plaintiff were not the proximate result of any actions of Defendant,

5. The incident complained of in the Plaintiffs Petition was the result of a sudden emergency and for unavoidable casualty presented to this Defendant and, at all times pertinent thereto, this Defendant acted reasonably and prudently; and therefore, liability will not attach to this Defendant.

6. The Plaintiff sustained no injury or was not injured as severely as alleged as a result of the incident in this suit,

7. Plaintiff voluntarily assumed the risk of a known danger and is not entitled to recover herein.

8. The Plaintiffs Petition fails to state a claim upon which relief can be granted.

9. The Defendant reserves the right to amend or abandon any or all of the allegations stated.

10. It is anticipated that additional affirmative defenses will become known through the discovery process; therefore, this Defendant reserves the right to plead them as they are discovered.

WHEREFORE, the Defendant, Linda Diane Molesworth, prays that judgment be rendered in her favor, that she be awarded her costs and attorney fees, and any and all other relief the Court deems just and equitable.

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: