Date: 06-22-2015

Case Style: Josephine Ouandji v. Anna Gonterman and Kenton W. Gonterman

Case Number: CJ-2014-1024

Judge: Lori Walkley

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Mark Houts

Defendant's Attorney: John Nowkowski

Description: Norman, OK - Josephine Ouandji sued Anna Gonterman and Kenton W. Gonterman on auto negligence theories claiming:

1. Defendant Anna Gonterman resides in Cleveland County, State of Oklahoma.
2. Plaintiff resides in Cleveland County, State of Oklahoma.
3. The accident at issue in this lawsuit occurred in Cleveland County, State of Oklahoma.
4. Pursuant to Title 12 0.S. § 187, jurisdiction and venue over the Defendant is proper in this district.
5. On or about December 4, 2013, Defendant operated her vehicle in a negligent manner, causing a collision between the vehicle operated by Defendant and the vehicle operated by Plaintiff. Plaintiff sustained physical and emotional injuries as a result of Defendant’s negligence.
6. Defendant owed a duty to Plaintiff to operate her vehicle in a safe and reasonable manner, but breached that duty.
7. Plaintiff suffered property damage and personal injuries and related damages as a
result of Defendant’s breach of duty.
8. That the actual and proximate cause of the collision and Plaintiffs damages was the result of one or more of the negligent acts or omissions of the Defendant, including, but not limited to:
a. Operating a motor vehicle in an unreasonable and reckless manner;
b. Failing to keep a proper lookout;
c. Failing to devote full time and attention to driving;
d. Failing to obey traffic laws and road markings;
e. Failing to yield the right of way;
f. Failing to use means of hand, to-wit: steering the vehicle to avoid the collision;
g. Failing to operate a vehicle at a speed which would allow the driver to bring the vehicle to a stop within an assured clear distance ahead; and
h. Operating a motor vehicle in a careless and wanton manner without regard to the safety of persons or property, thus violating Title 47
O.S. §11-901.
9. That Defendant had a duty to obey, but failed to observe, the precautions imposed as duties under Title 47 O.S. § 11-201, 11-801, and 11-901.
10. That these violations constitute negligenceper se for which this Defendant is liable to the Plaintiff.

OFFER TO ALLOW JUDGMENT TO BE TAKEN
COMES NOW the Defendant, Kenton Gonterman, pursuant to the provisions of 12 O.S. §1101 and hereby oilers to allow judgment to be taken against this Defendant in favor of the Plaintiff in the sum of Nine Thousand One and no/100 dollars ($9001.00) said sum being inclusive of any attorneys fees, interest and costs that the Court so deems the Plaintiff is entitled to receive.
Should the Plaintiff fail to accept the Defendant’s Offer to Allow Judgment within five (5) days from the date of receipt of this offer, said offer shall be withdrawn and should the Plaintiff fail to obtain judgment for more than Nine Thousand One and no/100 dollars ($9001.00), the Defendant will move the Court for an order requiring the Plaintiff to pay the Defendant the costs incurred from the time of this offer.

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: