Date: 11-17-2013

Case Style: Mohi Dean Alzaim v. Kyle Edward Davis

Case Number: CJ-2012-3145

Judge: Dana Kuehn

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Scott Douglas Hjelm and Herbert E. Elias

Defendant's Attorney: Kurt K. Hoffman

Description: Mohi Dean Alzaim sued Kyle Edward Davis on an auto negligence theory claiming:

1. The Plaintiff, Mohi-Dean Alzaim, is a resident of the City of Tulsa, Tulsa County, Oklahoma. The Defendant, Kyle Edward Davis, is a resident of Oklahoma.

2. That this Court has jurisdiction in the above entitled cause.

3. That on or about October 17, 2011, in Tulsa County, Plaintiff was operating his vehicle southbound on Mingo Road near East 65th Street when his vehicle was struck from behind by the Defendant operating his motor vehicle.

4. That the above mentioned collision was caused solely from the negligence of the Defendant in that he failed to stop within an assured clear distance ahead, failed to watch where hëH was going, and failed to operate his vehicle in a manner reasonable and proper

5. As a direct result of the Defendant’s negligence, the Plaintiff was injured and incurred medical bills in treating his injuries.

WHEREFORE, premises considered, Plaintiff prays for judgment against the Defendant for a sum exceeding Seventy-Five Thousand Dollars ($75,000.00), costs of this action, and for such other and further relief to which he may be deemed entitled.

Defendant appeared and answered as follows:

1. It is admitted that a collision occurred between the Plaintiff; Mohi-Dean Alzaim,
and the Defendant, KYLE EDWARD DAVIS, on October 17, 2011 as claintdin Plaintiffs
Petition. However, this Defendant is without sufficient mformation to either admit or deny
the remaining facts and allegations set forth in Plaintiff’s Petition and thus denies same. The
Defendant, however, does admit fault for the motor vehicle collision.

2. This Defendant denies generally and specifically each and every material allegation
contained in the Petition of the Plaintiff except that which may be heretofore admitted. /
Defendant readopts and re-alleges the statements previously made herein.

AVOIDANCES AND/OR AFFIRMATIVE DEFENSES

3. For further answer and defense, this Defendant states that if he was guilty of negligence that the Plaintiff, MOHI-DEAN ALZAIM, maybe guilty of comparative negligence to such an extent as to bar him recovery under Oklahoma law of comparative negligence.

4. For firther answer and defense, should the Defendant be found negligent this Defendant states that his negligence was not the direct cause of Plaintiff’s alleged injuries and damage.

5. For further answer and defense, this Defendant would state the Plaintiff failed to use ordinary care with due regard to the existing conditions to prevent injury to himself.

6. For further answer and defense, the Defendant would state that no recovery of damages should be allowed for any losses that the Plaintiff reasonably could have avoided and failed to do so.

7. For further answer and defense, this Defendant states that the injuries complained of in Plaintiff’s Petition are the result of preexisting health problems that were neither caused nor aggravated by this Defendant and for which this Defendant is not liable.

8. For further answer and defense, this Defendant would state that the injuries complained of in Plaintiffs Petition maybe the result of health care problems which developed subsequent to the date of the alleged accident, which were neither caused nor aggravated by this Defendant and for which this Defendant is not liable.

9. For further answer and defense, this Defendant reserves the right to plead additional affirmative defenses and amend his Answer upon the completion of discovery.

WHEREFORE, premises considered, Defendant, KYLE EDWARD DAVIS, prays for judgment in his favor and against the Plaintiff, together with his costs of this action and such other and further relief as the Court deems is just and equitable.

The Defendant, Kyle Edward Davis, pursuant to 12 O.S. § 1101, offers to allow judgment be taken in the above-styled action in the total amount of Eleven Thousand and 00/100 Dollars ($11,000.00), as to any and all claims made by MOHI-DEAN ALZAIM, individually, inclusive of prejudgment interest, costs, and attorney fees.

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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