Date: 01-13-2015

Case Style: Russell (Rusty) Anderson and Gloria Anderson v. Cecilia Kennedy

Case Number: CJ-2012-216

Judge: Lori Walkley

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Gary Bachman

Defendant's Attorney: Anthony Bonner

Description: COMES NOW, the Plaintiffs, Russell “Rusty” Anderson and Gloria Anderson, individually and as husband and wife, and for their cause of action against the Defendant, Cecilia Kennedy, hereby alleges and states as follows:
1. That the Plaintiffs reside within Cleveland County, State of Oklahoma.
2. That the Defendant resides within Cleveland County, State of Oklahoma.
3. That the subject incident occurred in Cleveland County, State of Oklahoma; therefore, this Court has proper jurisdiction.
4. That on or about the 28” day of April, 2010, at or near the intersection of N.W. l2 and Janeway in Moore, Oklahoma, the Defendant, Cecilia Kennedy, recklessly and negli9ently drove her vehicle in such a manner to cause a collision between her vehicle and a vehicle driven by the Plaintiff, Russell “Rusty” Anderson, who was lawfully and properly on said roadway. More specifically, Defendant collided with the rear of Plaintiff’s vehicle. Of note, Plaintiff, Gloria Anderson, was a passenger in the vehicle driven by Plaintiff, Russell “Rusty” Anderson.
5. That the collision referred to herein was the direct and proximate result of the negligence of the Defendant, Cecilia Kennedy, in that she:
(a) Failed to use reasonable care in the operation of the motor vehicle;
(b) Failed to devote full time and attention to her driving;
(c) Failed to keep a proper lookout; and,
(d) Failed to use the means at hand to avoid striking Plaintiffs vehicle by using the braking and/or steering mechanisms of the motor vehicle * was driving.
6. That as a result of the incident described above, Plaintiff, Russell “Rusty” Anderson, sustained multiple injuries including, but not limited to his neck, back, shoulders, including headaches. Said Plaintiff has experienced physical pain, disfigurement and mental anguish and will, in all reasonable probability, continue to do so in the future by reason of the nature and extent of his injuries. This injuries are permanent in nature. Plaintiff has been caused to incur medical charges, loss of earnings and out-of-pocket expenses in the past, and will continue to incur medical expenses, loss of earnings and out-of-pocket expenses in the future for said injuries.
7. That as a result of the incident described above, Plaintiff, Gloria Anderson, sustained multiple injuries including, but not limited to her neck, low back and shoulder, including aggravated MS. Said Plaintiff has experienced physical pain, disfigurement and mental anguish and will, in all reasonable probability, continue to do so in the future by reason of the nature and extent of her injuries. This injuries are permanent in nature. Plaintiff has been caused to incur medical charges, loss of earnings and out-of-pocket expenses in the past, and will continue to incur medical expenses, loss of earnings and out-of-pocket expenses in the future for said injuries.
8, That Plaintiffs, Russell “Rusty” Anderson and Gloria Anderson, indMdualLy and as husband and wife, repleads the allegations above and states that as a further result of the Defendant’s negligence, they have and will be deprived of their spouses services, companionship and consortium.
9. By reason of the above and foregoing, the Plaintiffs, Russell “Rusty” Anderson and Gloria Anderson, individually and as husband and wife, have been damaged in an amount in excess of TEN THOUSAND DOLLARS ($10,000.00), but less than
SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00), pursuant to 120.5. §2008 (A) (2), for costs of this action and for such and further relief as the Court deems just and proper.
WHEREFORE, the Plaintiffs, Russell “Rusty” Anderson and Gloria Anderson, individually and as husband and wife, prays for judgment against the Defendant, Cecilia Kennedy, and for a total sum in excess of TEN THOUSAND DOLLARS ($10,000.00), but less than SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00), for costs of this action and for any such further relief as the Honorable Court deems just and proper.

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: