Date: 07-16-2012
Case Style: Eric D. Buggs v. Misty Bacon
Case Number: CJ-2012-2306
Judge: Dana Kuehn
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Donald E. Smolen, Smolen & Smith, Tulsa, Oklahoma
Defendant's Attorney:
Description: COMES NOW the Plaintiff:, ERIC D. BUGGS, and for his causes of’ action against the Defendant, MISTY BACON, alleges and states as follows:
1. That the Plaintiff is a resident of Tulsa County, State of Oklahoma; and that Defendant, MISTY BACON, is a resident of Tulsa County, State of Oklahoma. That the complaint alleged herein occurred in Tulsa County, State of Oklahoma, and that this Court has jurisdiction over the parties and the subject matter herein.
FIRST CAUSE OF ACTION
2. On December 23,2011, on East 5l Street, approximately4o feet East ofits intersection with
South Harvard Avenue, in the City of Tulsa, State of Oklahoma, the Defendant, MISTY BACON,
negligently drove her vehicle into the rear of the vehicle being operated by Plaintiff ERIC D.
BUGGS.
3. The actions of Defendant, MISTY BACON, violated the following traffic ordinances ofTitle
37 of the City of Tulsa, Oklahoma Traffic Code as follows, to-wit:
a. Title 37, Section 618. CONDITIONS AFFECTING SPEED.
Notwithstanding the posted speed limits, anyperson driving a vehicle shall drive the same at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface and width ofthe roadway and any other condition then existing; and no person shall drive any vehicle upon a roadway at a speed greater than will permit him to bring it to a stop within the assured clear distance ahead.
b. Title 37, Section 645A. INATTENTIVE DRIVING.
It shall be unlawful and an offense for any driver to fail to remain alert and give full attention to the safe operation of his vehicle while it is in motion.
c. Title 37, Section 659. FOLLOWING TOO CLOSELY.
The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the street or highway.
4. As a result ofthe negligence of the Defendant, MISTY BACON, Plaintiff, ERIC D. BUGGS, was injured and his injuries are permanent, painful and progressive. When injured, Plaintiff, ERIC D. BUOGS, was 44 years of age with a life expectancy of 28.9 more years according to the U. S. Census Bureau, Statistical Abstract of the United States: 2003.
5. As a result of the injuries, Plaintiff, ERIC D. BUGGS, has and will incur medical expenses and has and will suffer pain of mind and body.
a. Title 37, Section 618. CONDITIONS AFFECTING SPEED.
Notwithstanding the posted speed limits, anyperson driving a vehicle shall drive the same at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface and width ofthe roadway and any other condition then existing; and no person shall drive any vehicle upon a roadway at a speed greater than will permit him to bring it to a stop within the assured clear distance ahead.
b. Title 37, Section 645A. INATTENTIVE DRIVING.
It shall be unlawful and an offense for any driver to fail to remain alert and give full attention to the safe operation of his vehicle while it is in motion.
c. Title 37, Section 659. FOLLOWING TOO CLOSELY.
The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the street or highway.
4. As a result ofthe negligence of the Defendant, MISTY BACON, Plaintiff, ERIC D. BUGGS, was injured and his injuries are permanent, painful and progressive. When injured, Plaintiff, ERIC D. BUOGS, was 44 years of age with a life expectancy of 28.9 more years according to the U. S. Census Bureau, Statistical Abstract of the United States: 2003.
5. As a result of the injuries, Plaintiff, ERIC D. BUGGS, has and will incur medical expenses and has and will suffer pain of mind and body.
WHEREFORE, Plaintiff; ERIC D. BUGGS, prays for judgment against the Defendant, MISTY BACON, in an amount of $54,500.00 together with the costs of this action.
Outcome: Settled and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments:
