Date: 06-03-2015

Case Style: Tom Morris v. Fonda Middlebrook

Case Number: CJ-2014-3451

Judge: Rebecca B. Nightingale

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Nikolas Rankin

Defendant's Attorney: Mark Warman

Description: Tulsa, OK - Tom Morris sued Fonda Middlebrook on an auto negligence theory claiming:

1 Plaintiff is and was a resident of Tulsa County, Oklahoma, at all times matenal to the events descnbed herein
2 Defendant was a resident of Tulsa County, Oklahoma, at all times matenal to the events described herein.
3. The automobile accident that is the subject of this matter occurred in Tulsa County, Oklahoma.
4. This Court has jurisdiction over the parties and the subject matter hereof and venue is proper in Tulsa County.
PROCEDURAL HISTORY
5. Plaintiff initially filed this cause of action on April 26, 2013. Said action was dismissed without prejudice on July 21, 2014.
6. Plaintiff is filing the instant action pursuant to 12 O.S. § 100.
FIRST CAUSE OF ACTION: NEGLIGENCE
7. Paragraphs 1 through 6 above are repeated and incorporated as if fully set out herein.
8. That on the 29th day of April 2011 Plaintiff was operating his motor vehicle at approximately Memorial Road and East 41St Street in Tulsa, Tulsa County, Oklahoma. At that time and place, Defendant Middlebrook, in the operation of her vehicle, violated her duty to operate her motor vehicle in a reasonable manner when she suddenly and without warning negligently struck the Plaintiff’s vehicle with her vehicle.
9. The Defendant’s actions were negligent and were the direct and proximate cause of the collision with the Plaintiffs vehicle. Plaintiff was without fault in the accident and at all times acted with due care.
10. The negligent acts and omissions of Defendant caused injuries to Plaintiff. Defendant’s negligent acts and omissions are the direct and proximate cause of the injuries and other damages suffered by the Plaintiff.
11. Plaintiff has incurred expenses for medical services for the treatment of his injuries, and will continue to incur such expenses. Plaintiffs injuries have caused him pain and suffering as a direct and proximate result of Defendant’s negligence and he will continue to so suffer.
12. Each and every of Plaintiffs above listed damages are a direct and proximate result of the negligence of Defendant.

OFFER TO CONFESS JUDGMENT
COMES NOW the Defendant, Fonda Middlebrook, by and through her attorney, and hereby offers to allow judgment to be taken against this Defendant in thabove captioned action, in the total amount of TEN THOUSAND ONE AND NO/1O9DOARS ($10,001 00) This offer is inclusive of all interest, costs and attorney’s fees
This offer is made pursuant to the provisions of Title 12 O.S. § 1 10I:&i940Tis offer will expire five days after service of the same upon Plaintiff’s attorney. This &ifer shall not be given in evidence or mentioned at trial if not accepted by Plaintiffs.

Outcome: Settled for $10,000 an dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: