Date: 07-16-2012

Case Style: Paula Tibbs v. Mark Allen Cleghorn, II

Case Number: CJ-2012-2399

Judge: Rebecca B. Nightingale

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Donald E. Smolen, Smolen & Smith, Tulsa, Oklahoma

Defendant's Attorney:

Description: COME NOW the Plaintiffs, PAULA TIBBS and SAMUEL BOWLER, individually, and for their causes of action against the Defendant, MARK ALLEN CLEGHORN, II, alleges and states as follows:

1. That the Plaintiffs are residents of Tulsa County, State of Oklahoma; and, that Defendant, MARK ALLEN CLEGHORN, II, 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 January 18, 2012, on North Lewis Avenue at its intersection with East Archer Street in the City of Tulsa, State of Oklahoma, MARK ALLEN CLEGHORN, II, failed to yield the right-of- way and drove his vehicle into the path of the vehicle being operated by Plaintiff, PAULA T1B,
and being occupied as a passenger by Plaintiff, SAMUEL BOWLER.

3. The Defendant, MARK ALLEN CLEGHORN, il’s, actions violated the following trffie ordinances of Title 37 of the City of Tulsa Traffic Code as follows, to-wit:

a. Title 37, Section 613. STARTING AND STOPPING.

Before starting, stopping or turning, the driver of any vehicle upon a street, alley, highway or public or private roadway shall first assure himself that such movement can be made in safety without endangering other vehicles or pedestrian traffic.

b. Title 37, Section 633. TURNING VEHICLES - RIGHT-OF-WAY.

Vehicles turning left shall yield the right-of-way to all vehicles proceeding straight ahead or making a right turn which are so close as to constitute an immediate hazard.

c. Title 37, Section 645. INATTENTIVE DRIVING.

A. 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.

4. As a result ofthe negligence of MARK ALLEN CLEGHORN, II, Plaintiff, PAULA TIBBS, was injured and her injuries are permanent, painful and progressive. When injured, Plaintiff, PAULA TIBBS, was 50 years of age with a life expectancy of 29.1 more years according to the U. S. Census Bureau, Statistical Abstract of the United States: 2003.

5. As a result of the injuries, Plaintiff, PAULA TIBBS, has and will incur medical expenses and has and will suffer pain of mind and body.

WHEREFORE, Plaintiff, PAULA TIBBS, prays for judgment against the Defendant, MARK ALLEN CLEGHORN, II, in an amount in excess of the amount required for diversity jurisdiction pursuant to Section 1332 of Title 28 of the United States Code together with the costs of this action.

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: