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Date: 09-08-2012

Case Style: John B. Duke v. Sherry Denise Henton

Case Number: CJ-2013-5319

Judge: Jefferson D. Sellers

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Don Smolen

Defendant's Attorney: Scott Savage

Description: COMES NOW the Plaintiff, JOHN B. DUKE, and for his cause of action against the Defendant, SHERRY DENISE HENTON, alleges and states as follows:
1. That the Plaintiff is a resident of Tulsa County, State of Oklahoma; and, that the Defendant, SHERRY DENISE HENTON, is a resident of Rio Grande County, State of Colorado. That the complaint alleged herein occurred in Tulsa County, State of Oklahoma, and that this Court has jurisdiction over the parties and the subject matter herein.
FIRST CAUSE OF ACTION
2. On June 26, 2013, on SH1 1 at its intersection with County Road (136° St N), in the City of Skiatook, Oklahoma, the Defendant, SHERRY DENISE HENTON, negligently drove the vehicle she was operating into the vehicle being operated by Plaintiff, JOHN B. DUKE.
3. The Defendant, SHERRY DENISE HENTON’s, actions violated the following niles of the road in Title 47 of the Highway Safety Code of the State of Oklahoma as follows, to-wit:
a. Title 47, Section 11-801. BASIC RULE - MAXIMUM LIMITS.
A. Any person driving a vehicle on a highway shall drive the same at a careful and pndent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface and width of the highway and any other conditions then existing. No person shall drive any vehicle upon a highway at a speed greater than will permit the driver to bring it to a stop within the assured clear distance ahead.
4. As a result of the negligence of the Defendant, SHERRY DENISE HENTON, Plaintiff, JOHN B. DUKE, was injured and his injuries are permanent, painful and progressive. When injured, Plaintiff, JOHN B. DUKE, was 58 years of age with a life expectancy of 22.6 more years according to the U. S. Census Bureau, Statistical Abstract of the United States: 2012.
5. As a result of the injuries, Plaintiff, JOHN B. DUKE, has and will incur medical expenses and has and will suffer pain of mind and body.
WHEREFORE, Plaintiff, JOHN B. DUKE, prays for judent against the Defendant, SHERRY DENISE HENTON, in an amount in excess of the amount required for diversity jurisdiction pursuant to Section 1332 of Title 28 of the United States Code together with the costs of this action.

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

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