Date: 07-01-2014

Case Style: Annette M. Yarger v. Judy K. Weggesser

Case Number: CJ-2012-861

Judge: Tracy Schumacher

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: David L. Smith, Shawn J. Adkison, Sabre N. Weathers and Deborah E. Fortune

Defendant's Attorney: Rodney C. Ramsey and Kara N. Gray

Description: Annette M. Yarger v. Judy K. Weggesser

COMES NOW, the Plaintifr, Annette M. Yarger, by and through her attorneys of record, and for his cause of action against the Defendant, alleges and states, as follows:
1. Plaintiff, Annette M. Yarger, (hereinafter “Plaintiff’) is an individual, a resident of and domiciled in, the City of Moore, Cleveland County, and within this Judicial District.
2. Defendant, Judy K. Weggesser, is an individual, a resident of and domiciled in the City of Moore, Cleveland County, and within this Judicial District.
3. On or about the 13th day of June, 2010, at approximately SW 4th and Markwell in Moore, Oklahoma, Defendant, Judy K. Weggesser, negligently operated here motor vehicle causing the same to strike the vehicle operated by the Plaintiff, Annette M. Yarger.
4. As a result of the Defendant’s negligence described in paragraph 3 above, Plaintiff sustained serious personal injuries; was prevented from transacting her business; has and will suffer pain of mind and body; and, has and will incur medical expenses.
5. The Defendant had a duty of ordinary and/or reasonable care to the Plaintiff, and the Defendant breached that duty.
WHEREFORE, PREMISES CONSIOERED, Plaintiff prays for judgment against the
Defendant in an amount in excess of Ten Thousand Dollars ($10,000.00), together with interest, a reasonable attorney fee, costs and any fhrther relief the court deems equitable, just and available to Plaintiff by law.

COMES NOW, the Plaintiff, Annette M. Yarger, by and through her attorney, David L. Smith, and moves this Court for an Order determining the reasonableness and amount of medical liens that have been filed against the settlement proceeds. In support of this motion, plaintiff states the following:
On June 13, 2010, plaintiff was involved in an automobile accident with the defendant. The case initially disputed by the defendant, but ultimately settled for the defendant’s policy limit of fifty thousand dollars ($50,000.00).
As a result of the crash, plaintiff incurred one forty two thousand one hundred twenty nine dollars and twenty five cents ($142,129.25) in medical bills to recover from her injuries, some of which were paid by her health insurance companies.
The purpose of this motion is to apportion the division of the settlement proceeds. Plaintiff received care from the following medical providers:
1. Oklahoma Physical Therapy, who has an outstanding balance in the amount of
$6,540.00.
2. Dr. James BuggfLifestyle Clinic, who has an outstanding balance in the amount of
$1,594.50.
3. Oklahoma Pain Management, who has an outstanding balance in the amount of
$18,923.50.
4. Elite Pain Solutions, who has an outstanding balance in the amount of $10,276.92.
5. Oklahoma Diagnostic Imaging, who has an outstanding balance in the amount of
$1,061.00.
6. Neuroscience Specialists, who has an outstanding balance in the amount of
$29,569.75.
7. Oklahoma Spine Hospital, who has an outstanding balance in the amount of
$44,227.66.
8. Community Hospital, who has an outstanding balance in the amount of
$19,153.86.
The plaintiff has two (2) health insurance subrogation interests to repay:
The Rawlings Company in the amount of $1,663.12 and Blue Cross Blue Shield in the amount of $14,666.65.
After attorney fees and costs of $20,357.99, (Litigation costs of $357.99 and attorney fees of $20,000.00), that leaves more bills than available funds.
WHEREFORE, premises considered Plaintiff moves this Court for an Order apportioning the settlement proceeds between the plaintiff and her medical providers.

Outcome: Settled for $50,000.00.

Plaintiff's Experts:

Defendant's Experts:

Comments: