Date: 07-15-2013

Case Style: James Matthew Butler v. Michael Aaron Haire

Case Number: CJ-2012-4189

Judge: Dana Kuehn

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Kevin T. Sain

Defendant's Attorney: Andrea L. Medley for Michael Aaron Haire

Description: James Matthew Butler sued Michael Aaron Haire on an auto negligence theory claiming:

1. Defendant Michael Aaron Haire resides in Collinsville, Tulsa County, > Oklahoma, and may be served with process at 1521 W. Spring Street,
Collinsville, OK 74021.

2. James Matthew Butler, is and was a resident of ldabel, McCurtain County, Oklahoma, prior to the subject accident and continues to this date to reside at 3202 E. Fair Street, Idabel, Oklahoma 74745.

3. Venue is proper in Tulsa County, Oklahoma because, among other reasons, all acts and occurrences which are relevant to this action, specifically the motor vehicle collision which is the subject of this suit, occurred within Tulsa County, Oklahoma.

4. On oraboutAugust 14,2010, at 11:21 a.m., Plaintiff, James Matthew Butler, was traveling southbound in his vehicle on US Hwy. 169 near intersection E. 76th Street North in Owasso, Tulsa County, Oklahoma. Plaintiff slowed
for traffic when the Defendant, Michael Aaron Haire, negligently drove his 1997 Mazda into the rear of Plaintiff’s vehicle.

5. Plaintiff states that his injuries were the direct results and proximately
caused by the negligence of the Defendant in the following particulars, to-wit:

A. Defendant drove his vehicle into the rear of Plaintiff’s vehicle;

B. Defendant failed to keep a proper lookout;

C. Defendant was not driving his vehicle in a manner that was reasonable and proper taking into consideration all of the circumstances and conditions then and there existing;

D. Defendant drove his vehicle in a manner so that he did not maintain proper control thereof;

E. Defendant is guilty of inattention and is guilty of careless driving;

F. Defendant was operating his vehicle at a rate of speed too fast to enable him to stop in the safe and clear distance ahead; and

G. Defendant did not take proper evasive actions that could have avoided the collision.

5. At the time of impact Plaintiff was thrown about the interior of his vehicle and suffered personal injuries that are severe, permanent, painful and disabling in nature.

6. For his injuries, Plaintiff has been required to seek medical treatment and will be required to seek medical treatment in the future. Plaintiff has suffered mental anguish and physical pain and suffering from his injuries and he will suffer mental anguish, physical pain and suffering in the future. Plaintiff also claims damages for loss of enjoyment of life.
Plaintiff has suffered past
damages described herein and will suffer future damages described herein for which Plaintiff claims total damages in an exact amount which will be proven at trial but in excess of $75,000.00.

WHEREFORE, the Plaintiff, James Matthew Butler, prays for judgment against the Defendant, Michael Aaron Haire, in an amount in excess of $75,000.00, the exact amount of which will be ascertained and proven at trial, together with his costs and such further and other relief to which he may show himself entitled.

Defendant appeared and answered as follows:

The Defendant, MICHAEL AARON HAIRE, appears by and through his attorney of record, Andrea L. Medley and for his Answer to Plaintiff’s Petition alleges and states as follows:

1.

Upon information and belief, the facts and allegations set forth in Paragraphs 1, 2, and 3 of Plaintiff’s Petition are admitted

2.

It is admitted that a collision occurred between the Plaintiff, JAMES MATTHEW BUTLER, and the Defendant, MICHAEL AARON HAIRE, as set forth in Paragraph 4 of Plaintiff’s Petition. Defendant will admit fault for the accident but denies anyone was injured as a result of the accident.

3.

The facts and allegations set forth in Paragraphs 5 (both paragraphs numbered 5) and 6 of Plaintiffs Petition are denied.

4.

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 realleges the statements previously made herein.

AFFIRMATIVE DEFENSES AND AVOIDANCES

5.

For further answer and defense, should the Defendant be found negligent, this Defendant states that his negligence was not the direct cause of Plaintiffs alleged injuries and damage.

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 Plaintiffs Petition may be 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 may be 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 generally denies Plaintiffs claim for damages.

10.

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, MICHAEL AARON HAIRE, 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.

JURY TRIAL DEMANDED

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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