Date: 07-18-2013

Case Style: Danny Ray Cole v. Diana Thea Dillon

Case Number: CJ-2012-4764

Judge: Mark Barcus

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Rusty Smith

Defendant's Attorney: Mark A. Warman

Description: Danny Ray Cole and Karen Bliss sued Diana Thea Dillon on auto negligence theory claiming:

1. Plaintiffs are individuals who resided in Tulsa County, State of Oklahoma at the time this cause of action arose.

2. Defendant is, or was at the time this cause of action arose, an individual residing in Tulsa County. State of Oklahoma

3. The incident giving rise to this action occurred within Tulsa County, State of Oklahoma. giving this Court proper jurisdiction and venue

4. On or about May 14, 2011 PlaintitTh was injured in a automobile accident at the intersection 0f23rd and College in Broken Arrow, Tulsa County, Oklahoma.

5. The accident was caused by the negligence of Defendant Dillon.

6. As a result of Defendant’s negligence, Plaintiffs sustained serious personal injuries and will continue in the fUture to suffer pain and discomfort.

7. Due to the collision, Plaintiffs indined medical expenses for his personal injuries.

WHEREFORE. Plaintiffs, and each of them, demand judgment against the Defendant in excess of the amount required for diversity jurisdiction pursuant to Section 1332 of Title 28 of the US Code, as well as interest and costs, including reasonable attorney fees as allowed by law and for such further relief as the Court deems proper.

Diana Thea Dillon appeared and answered as follows:

1. Defendant denies generally and specifically each, every and all claims asserted in said Petition, except for the allegation that the incident occurred on the date and at the location alleged in said Petition.

2. Defendant specifically denies that her acts or omissions proximately caused the damages complained of.

3. Pleading in the alternative, Defendant alleges that Plaintiffs were guilty of acts and omissions solely or partly causing the complained of damages. That said acts or omissions, solely or contributing with acts or omissions of third parties, precludes Plaintiffs’ recovery herein against this Defendant.

4. Defendant is unable at this time, prior to discovery having been compi e to delineate other possible defenses to Plaintiffs’ claims other than as contained within this swer, and therefore, reserves the right to add other defenses which may be discovered prior to pretri4order herein.

WHEREFORE, having fully answered, the Defendant prays that the Plaintiffs take nothing against her by way of their Petition and that the Defendant be granted judgment on all claims together with interest, cost and attorney fees as allowed by law.

Outcome: COME NOW the Plaintiffs, Danny Ray Cole, individually and Karen Bliss, individually, and hereby dismiss all claims and causes of action in the above styled and captioned matter, against the Defendant, Diana Thea Dillon, individually, with prejudice to the refiling of the same.

Plaintiff's Experts:

Defendant's Experts:

Comments: