Date: 09-21-2015

Case Style: Melissa Saldana v. Matthew Thoams, Erie Insurance and Farm Bureau Town & Country Insurance Company of Missouri

Case Number: CJ-2015-385

Judge: Jeff Virgin

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Ed Able

Defendant's Attorney: W.R. Cathcart for Farm Bureau

Logan Johnson for Matthew Thomas

Mark McAlester for Erie Insurance

Description: Norman, OK - Melissa Saldana sued Matthew Thoams, Erie Insurance and Farm Bureau Town & Country Insurance Company of Missouri on auto negligence and insurance theories claiming:

1. On December 14, 2014 at about 2:05 p.m. Plaintiff was a passenger in a vehicle which was stopped, headed north, in her vehicle in a line of traffic on South Telephone Avenue at its intersection with Kings Manor in Moore, Oklahoma. Defendant, driving his vehicle north on South Telephone Avenue, collided with the rear of Plaintiffs vehicle, knocking Plaintiffs vehicle into the rear of the vehicle stopped in front of Plaintiffs vehicle.
2. The collision resulted from Defendant Thomas’s negligence as follows:
a. Defendant Thomas failed to keep a proper lookout.
b. Defendant Thomas failed to use his brakes, horn or steering mechanism to avoid the collision.
c. Defendant Thomas was traveling at a speed where he could not stop within the assured clear distance ahead.
3. At the time of the collision, Defendant Thomas was an uninsured or underinsured motorist. At the time of the collision, Plaintiff was insured by Erie Insurance and Farm Bureau Town & Country Ins. Co. of Missouri with policies of uninsuredJunderinsured motorist insurance coverage in force and effect in favor of Plaintiff for injuries received and caused by the negligence of an uninsured or underinsured, motorist. All conditions precedent under the policies have been met.
4. As a result of Defendant Thomas’s negligence, Plaintiff suffered personal injuries, said injuries are permanent, painful, and progressive. At the time of the injuries, Plaintiff Melissa Saldana was 22 years of age with a life expectancy of 62.3 years. As a further result of Defendants’ negligence, Plaintiff has and will incur medical expense, has and will lose earnings, has and will suffer pain of mind and body, has suffered permanent injury and has been damaged in an amount in excess of $75,000.00.
COUNT II
5. Plaintiff for Count II repleads and realledges the allegations of Count I herein and states that the acts of Defendant Thomas was gross, wanton, willful and intentional for which
punitive damages should be assessed in an amount in excess of $75,000.00.

Outcome: Dismissed as to Farm Bureau Town and Country without prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: