Date: 01-09-2014

Case Style: DeAmber Sanders v. Tiffany Tysver

Case Number: CJ-2012-3916

Judge: Linda G. Morrissey

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Keith Swift

Defendant's Attorney: Aaron J. Goodman

Description: Deamber Sanders sued Tiffany Tysver on an auto negligence theory claiming:

I.

The Plaintiff is a resident of Tulsa County, State of Oklahoma.

II.

Upon information and belief, the Defendants are residents of Rogers County, State of Oklahoma.

III.

That on the 19th day of December, 2008, the Plaintiff was damaged by reason motor vehicle accident, occurring in Tulsa County, State of Oklahoma, caused by the negligence of the Defendant.

IV.

That as a result of the above-mentioned automobile accident, the Plaintiff received personal injuries for which she is entitled to damages against the Defendant for physical injuries, medical expenses, pain and suffering (past, present and future), emotional trauma (past, present and future), loss of certain abilities, loss of wages, loss of enjoyment of life, and any permanent disability resulting therefrom.

WHEREFORE, premises considered, Plaintiff prays that she have and receive judgment against the Defendant for her actual damages in the amount in excess of $10,000.00, that she receive her costs of this proceeding, statutory interest, both before and after judgment, and such other and further relief as deemed by the Court and jury to be fair, equitable, and just.

Defendant appeared and answered as follows:

I.

1. Defendant is without sufficient information to admit the allegations contained in pigraph one of Plaintiff’s Petition concerning Plaintiff’s residency, and therefore denies the same.

II.

2. Defendant admits the allegations contained in paragraph two of Plaintiff’s Petition

III.

3. Defendant admits that a collision took place between her automobile and Plaintiff’s automobile on or about December 19, 2008, in Tulsa County, Oklahoma. However, Defendant denies she was negligent and demands strict proof thereof. Furthermore, Defendant denies that Plaintiff was damaged as a result of said motor vehicle accident and demands strict proof thereof.

IV.

4. Defendant denies the allegations contained in paragraph four of Plaintiff’s Petition and demands strict proof thereof.

V.

5. With regard to the unnumbered WHEREFORE paragraph following paragraph four of Plaintiff’s Petition, Defendant denies Plaintiff is entitled to any of the relief requested therein.

AFFIRMATIVE DEFENSES

COMES NOW the Defendant, Tiffany Tysver, having fuliy answered Plaintiff’s Petition above and sets forth the following affirmative defenses.

1. Failure to state a claim upon which relief may be granted.

2. Comparative negligence.

3. Contributory negligence.

4. Pre-existing conditions.

5. Unreasonable medical treatment.

6. Negligence of third parties over whom this Defendant had no control or responsibility.

7. Subsequent medical conditions and/or injuries not caused by this Defendant.

8. Defendant reserves the right to add or amend her Affirmative Defenses upon completion of discovery.

9. Defendant reserves the right to add or amend her Answer throughout and until the completion of discovery.

WHEREFORE, PREMISES CONSIDERED, Defendant, Tiffany Tysver, prays that Plaintiff take nothing by way of said Petition; that this Honorable Court find Plaintiff’s claims should be dismissed; and that Defendant should be awarded her attorney fees, costs, and all other relief to which the Court deems Defendant, Tiffany Tysver, entitled.

Plaintiff filed a motion to dismiss with prejudice.

Outcome: Motion to dismissed with prejudice granted.

Plaintiff's Experts:

Defendant's Experts:

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