Date: 11-09-2013

Case Style: April Russell v. Charles Collinson

Case Number: CJ-2012-5808

Judge: Rebecca B. Nightingale

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Marlin Ray Davis

Defendant's Attorney: Matthew B. Wade

Description: April Russell sued Charles Collinson on an auto negligence theory claiming:

1. On or about the 7th day of November, 2010, on a public roadway in the City of Tulsa, County of Tulsa, State of Oklahoma, the Defendant negligently drove his vehicle in such a manner as to cause his vehicle to collide with Plaintiffs vehicle.

2. Plaintiff did not, in any way, cause or contribute to the occurrence of the collision between her vehicle and the Defendant’s vehicle.

3. This action is brought for the injuries, loss and damage suffered by Plaintiff due to the Defendant’s fault and neglect as alleged herein

4 As a result of Defendant’s negligent operation of his motor vehicle, Plaintiff was injured has lost and will in the future lose earnings, income or wages, suffered, and will suffer in the future, great pain of body and mind and incurred, and has and will in the future incur, medical expenses and other expenses, all to her general and special loss and damage in a sum in excess of $75,000.

WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of $75,000.00, interest, attorney’s fees, costs, and any further relief which this Court deems appropriate in equity.

Defendant appeared and answered as follows:

1. Defendant Charles Collinson generally and specifically denies each and every material allegation contained in the Petition filed on behalf of the Plaintiff except those which are specifically admitted hereinafter.

2. Defendant Charles Collinson admits an accident happened at or near the date and time described in Paragraph 1 of Plaintiffs Petition, but denies the remaining allegations.

3. Defendant Charles Collinson denies the allegations in Paragraphs 2, 3, and 4 of Plaintiffs Petition and demands strict proof thereof.

AFFIRMATIVE DEFENSES

1. The Defendant contends that the Plaintiff is negligent and that such negligence caused or contributed to the cause of the accident. A recovery by the Plaintiffs, if any, must be reduced by her/his percentage of negligence.

2. The damages claimed in Plaintiff’s Petition were a result of pre-existing damages/injuries that were neither caused nor aggravated by this accident and for which Defendant is not liable.

3. The Plaintiff has failed to state a claim against the Defendant upon which relief can be granted.

4. Defendant reserves the right to amend this Answer in accordance with Title 12 O.S. § 2015 or, upon the completion of discovery, following proper application to the Court.

5. As it concerns the Defendant, the accident in question was an unavoidable accident.

6. The Defendant was confronted with a sudden emergency not brought about by any negligence on his part and he acted as a reasonable and prudent person at all times thereafter.

7. The injuries complained of in Plaintiff’s Petition are the result of health care problems which developed subsequent to the date of the alleged accident, which were neither caused nor aggravated by this accident and for which this defendant is not liable.

8. By way of further defense and pleading in the alternative, the Plaintiff’s medical treatment was unreasonable and unnecessary.

9. By way of further defense and pleading in the alternative, Plaintiff has failed to mitigate the alleged injuries and damages.

WHEREFORE, having fully answered, Defendant, Charles Collinson, prays that the Plaintiff takes nothing by reason of her Petition and that this action be dismissed for an award of costs and attorney’s fees and for all other relief deemed equitable by the Court.

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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