Case Style: Bettie Downing v. State Farm Mutual Automobile Insurance Company
Case Number: CJ-2012-2910
Judge: Daman H. Cantrell
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Donald E. Smolen, Sr.
Description: Bettie Downing, Ronnie Downing and Tuan Scott sued State Farm Mutual Automobile Insurance Company claiming:
1. That the Plaintiffs are residents of Tulsa County, State of Oklahoma; and that defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, is an insurance company organized and existing under the laws of Illinois and doing business in the 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 November 4, 2011, on South Sheridan Road, approximately 92 feet North of its intersection with East 4th Place, Tulsa, Oklahoma, Brittany Mathes, failed to yield and negligently drove her vehicle into the path of the vehicle driven by Plaintiff, BEEFIE DOWNING, who was traveling in a northerly direct on South Sheridan Road when the accident occurred. Brittany Mathes was uninsured at the time of this accident.
3. As a result ofthe negligence ofBrittanyMathes, Plaintiff, BETTIE DOWNING, was injured
and her injuries are permanent, painful and progressive. When injured, Plaintiff, BETTIE
DOWNING, was 67 years of age with a life expectancy of 17,7 more years according to the U. S.
Census Bureau, Statistical Abstract of the United States: 2003.
4. As a result of the injuries, Plaintiff, BETTIE DOWNING, has and will incur medical expenses, has and will suffer pain of mind and body and has had her earning capacity impaired.
5. That, at the time ofthe collision, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, had a policy of insurance on the 1999 Toyota UEX automobile being owned and operated bythe Plaintiff, BETTIE DOWNING, that had uninsuredJunderinsured motorists coverage in the amount of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) per person and FIFTY THOUSAND DOLLARS ($50,000.00) per accident. The policy number is 2422478-D27-36J. Plaintiff is entitled to recover from STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, on the policy of insurance in the amount of $25,000.00.
WHEREFORE, Plaintiff BETTIE DOWNING, prays forjudgment against the Defendant, STATE FARM MUTUALAUTOMOBILE INSURANCE COMPANY, in the amount of $25,000.00 for personal injuries, together with the costs of this action.
Defendant did not file an answer.
Outcome: COMES now the Plaintiffs, BETTIE DOWNING; RONNIE DOWNING; and TUAN SCOTT, individually, and as parent and next friend of RONNIE DOWNING, JR., a minor, by and through their attorneys of record, Smolen & Smith, and hereby dismisses their Petition filed herein with prejudice to re-filing against the Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois Company.