Date: 01-15-2014

Case Style: Christopher McDonough v. City of Oklahoma City

Case Number: CJ-2013-544

Judge: Tom A. Lucas

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Lynn R. Anderson

Defendant's Attorney: Jennifer Marie Warren for City of Oklahoma City

David R. Wilson for State Farm Mutual Automobile Insurance Company

Description: COMES NOW the Plaintiff Christopher McDonough, by and through his attorneys of record, Brown Jones Anderson, PLLC, and for his cause of action against the Defendant the City of Oklahoma City, a domestic corporation, and State Farm Mutual Automobile Insurance Company, a foreign corporation, alleges and states as follows:

JURIDICSON AND VENUE

1. That the Plaintiff Christopher McDonough, is a resident of Oklahoma City, Oklahoma County, State of Oklahoma That Defendant, City of Oklahoma City; is a government entity doing business in the State of Oklahoma. That Defendant State Farm Mutual Automobile Insurance Company is a foreign corporation doing business in the State of Oklahoma. That the automobile accident giving rise to this action occurred in Oklahoma City, Cleveland County; State of Oklahoma, thus making jurisdiction of this Court just and proper.

FIRST CAUSE OF ACTION

2. That on May 27, 2012, the Plaintiff, Christopher McDonough, was the driver of a vehicle that was traveling in a northerly direction on South Western in Oklahoma City; Oklahoma. The driver, Jason Schnieder, was also traveling in a northerly direction on South Western when he attempted to make a u-turn and did fail to devote his time and attention to the roadway and did carelessly, recklessly and negligently collide with the front passenger side of the vehicle in which Plaintiff was the driver.

3. That Defendan; City of Oklahoma City as the owner of the vehicle being driven by Jason M. Schneider, breached their duty to use ordinary care to avoid lending the vehicle to driver Jason lvL Schneider when they knew or reasonable should have known that driver Jason !vL Schneider was an inexperienced driver and was incompetent to operate their vehicle.

4. Because of Defendant’s, City of Oklahoma City, negligent entrustment of the motor vehicle to driver Jason M. Schneider the Plaintiff suffered serious bodily injuries, has endured and continues to endure both physical and mental pain and suffering, has incurred and continues to incur medical expenses, has lost the enjoyment of life, has incurred lost wages in the past and will incur loss of earning capacity in the future, and has suffered further damages all of which will be more particularly proven at trial and which entitle the Plaintiffs to collect a sum in excess of $75,000.00 from Defendant.

SECOND CAUSE OF ACTION

5. Plaintiff’s re-alleges and re-incorporates all allegations contained in Paragraphs 1- 4.

6. That at the time of the accident the Plaintiff was insured under an underinsured motorist (hereinafter referred to as “UIM”) policy issued by Defendant State Farm Mutual Automobile Insurance Company, with individual limits of $25,000.00, said policy bearing the number 1458555A1 836. That the facts of this accident create a situation were the UIM policy applies in providing coverage to the Plaintiffs. Further, that said policy was in effect and covers injuries sustained by the Plaintiff in the automobile accident that occurred on May 27, 2012. That at the time of the accident, Defendant, City of Oklahoma City, was an under insured entity, in that they did not have enough liability insurance coverage to thoroughly compensate the Plaintiff for his irjuries. That pursuant to the terms of the policy of insurance with Defendant State Farm Mutual Automobile Insurance Company, this is a factual situation wherein the uninsured/underinsured motorist coverage contained in said policy with Defendant State Farm Mutual Automobile Insurance Company, applies to the accident involving Plaintiff’s and Defendant, City of Oklahoma City.

WREREFORE, premises considered, the Plaintiff pray that this Court award him damages in excess of $75,000.00 from Defendant, City of Oklahoma City, and damages in excess of $75,000.00 from Defendant, State Farm Mutual Automobile Insurance Company, including attorney’s fees, costs, interest, and any such relief that this Court deems just and propet


ANSWER OF DEFENDANT CITY OF OKLAHOMA CITY

COMES NOW a Defendant, The City of Oklahoma City (“City”), and for its Answer to the Petition of Plaintiff filed herein alleges and states as follows:

1. In response to paragraph 1, Defendant City admits that it is a political subdivision operating in the State of Oklahoma and that the automobile accident giving rise to this action occurred in Oklahoma City, Cleveland County, State of Oklahoma. Defendant City is without sufficient information to admit or deny the remaining allegations in paragraph 1 and they are therefore denied.

2. In response to paragraph 2, Defendant City admits that on May 27, 2012 Plaintiff was the driver of a vehicle traveling northbound on South Western in Oklahoma City, that Jason Schneider was traveling north on South Western, and that a collision occurred. The remaining allegations in paragraph 2 are denied.

3. In response to paragraph 3 of the Petition, Defendant City admits the City of Oklahoma City owned the vehicle being driven by Jason M. Schneider at the time of the collision. The remaining allegations in paragraph 3 are denied.

4. Defendant City denies the allegations in paragraph 4. Defendant City is without sufficient information to admit or deny the existence or extent of Plaintiffs alleged damages and demands strict proof thereof.

5. In response to paragraph 5, Defendant City re-alleges all statements contained in paragraphs 1-4.

6. The allegations contained in paragraph 6 are not directed toward Defendant City and therefore no response is required. To the extent any allegations are directed toward Defendant City, those allegations are denied.

7. It appears that there is a duplicate of page two (2) of Plaintiffs Petition. Defendant City denies any allegations contained in this duplicate page.

Defendant City respectfully requests the Court deny the Plaintiffs prayer for judgment in his Petition and other relief and further requests the Defendant receive its costs and such further relief as the Court deems just and proper.

AFFIRMATIVE DEFENSES

1. Plaintiffs petition fails to state a claim upon which relief can be granted.

2. Defendant City is exempted from liability pursuant to the Governmental Tort Claims Act, 51 O.S. § 151, etseq.

3. Defendant City’s liability, if any, is limited by the Governmental Tort Claims Act, 51 O.S. § 151, etseq.

4. Defendant City denies that it was negligent, but if it is determined it was, the negligence of the Plaintiff and/or third parties exceeded the negligence of the City, thereby limiting, reducing and/or barring Plaintiffs recovery herein.

5. Defendant City’s employees committed no act of negligence.

6. Defendant City committed no act of negligence and/or negligent entrustment.

7. Plaintiff has failed to plead that he complied with the notice requirements of the Governmental Tort Claims Act, 51 O.S. § 151, et seq.

8. Defendant City reserves the right to assert additional defenses, as discovery continues.

WHEREFORE, Defendant City of Oklahoma City, having fully answered prayerfully requests that this Court grant it judgment herein, its costs, and attorney fees.

Outcome: This cause comes on for hearing on this date, the plaintiff, CHRISTOPHER MCDONOUGH, appearing in person, and the defendant, The City of Oklahoma City, a municipal corporation, appearing by Kenneth Jordan, Municipal Counselor, and Jennifer M. Warren, Assistant Municipal Counselor, attorneys for defendant. The Court finds that the City Council of The City of Oklahoma City has approved the recommendation of the Municipal Counselor to confess judgment without admission of liability in the case herein in the amount of Sixty Five Thousand and 00/100 Dollars ($65,000.00) as evidenced by a certified copy of the attached Resolution (Exhibit A). This sum includes all claims for prejudgment interest, costs and attorney fees. This is a compromise settlement of a disputed claim and is in no way an admission of liability.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that pursuant to a compromise settlement of a disputed claim, and without admitting liability, the plaintiff is granted judgment against the defendant, The City of Oklahoma City, in the sum of Sixty Five Thousand and 00/100 Dollars ($65,000.00) with interest from the date of filing of this Judgment at the rate of five and 25/100 percent (5.25%) per annum and if not paid in full by December 31, 2014, at a rate of interest to be calculated annually in accordance with 12 Okia. Stat. §727.1. Said sum shall be paid in accordance with 62 Okia. Stat. § §365.5 and 365.6, and 51 Okia. Stat. § § 158 and 159.

Plaintiff's Experts:

Defendant's Experts:

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