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Date: 01-19-2013

Case Style: James Neal Barlow v. Devin Michael Miller

Case Number: CJ-2012-3668

Judge: Mary Fitzgerald

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Donald E. Smolen

Defendant's Attorney: Michale G. McAtee for Devin Michael Miller

Eugene Robinson for Travelers Home and Marine Insurance Company

Description: James Neal Barlow sued Devin Michael Miller and Travelers Home and Marine Insurance Company on auto negligence theories claiming:

1. That the Plaintiff is a resident of Tulsa County, State of Oklahoma; that Defendant, DEVIN MICHAEL MILLER, is a resident of Tulsa County, State of Oklahoma; and, that Defendant, TRAVELERS HOME AND MARINE INSURANCE COMPANY, is an insurance comiy organized and existing under the laws of Connecticut and doing business in the State of Oklaho. That the complaint alleged herein occurred in Tulsa County, State of Oklahoma, and that this Cmtt has jurisdiction over the parties and the subject matter herein.

FIRST CAUSE OF ACTION

2. On March 23, 2012, on South Utica Avenue at its intersection with East 14th Street in the City of Tulsa, State of Oklahoma, DEVIN MICHAEL MILLER, negligently ran the stop light and drove his vehicle into the vehicle being operated by Plaintiff, JAMES NEAL BARLOW.

3. The Defendant, DEVIN MICHAEL MILLERs, actions violated the following traffic ordinances of Title 37 of the City of Tulsa Traffic Code as follows, to-wit:

a. Title 37, Section 606. TRAFFIC-CONTROL SIGNAL LIGHTS.

C. Vehicular traffic facing a steady red signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection of signalized location, and shall remain standing until the green signal is shown alone, or, while the signal is still red, vehicular traffic may turn right, or turn left from a one-way street into a one-way street, from the appropriate lane after coming to the required stop, unless such turn on red is prohibited by a official sign. Such vehicular traffic making a turn on red shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection.

b. Title 37, Section 613. STARTING AND STOPPING.
Before starting, stopping or turning, the driver of any vehicle upon a street, alley, highway or public or private roadway shall first assure himself that such movement can be made in safety without endangering other vehicles or pedestrian traffic.

c. Title 37, Section 645. INATTENTIVE DRIVING.

A. It shall be unlawful and an offense for any driver to fail to remain alert and give fall attention to the safe operation of his vehicle while it is in motion.

4. As a result of the negligence of DEVIN MICHAEL MILLER, Plaintiff, JAMES NEAL BARLOW, was injured and his injuries are pemianent, painful and progressive. When injured, Plaintiff, JAMES NEAL BARLOW, was 32 years of age with a life expectancy of 44.5 more years according to the U. S. Census Bureau, Statistical Abstract of the United States: 2003.

5. As a result of the injuries, Plaintiff JAMES NEAL BARLOW, has and will incur medical expenses, has and will suffer pain of mind and body, has and will lose wages, and has had his earning capacity impaired.

WHEREFORE, Plaintiff, JAMES NEAT BARLOW, prays for judgment against the Defendant, DEVIN MICHAEL MILLER, 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.

SECOND CAUSE OF ACTION

1. COMES NOW the Plaintiff, JAMES NEAL BARLOW, and for the SECOND CAUSE OF
ACTION, hereby re-adopts and re-alleges the allegations contained within paragraphs 1-5 of the
FIRST CAUSE OF ACTION as if fully restated herein, and further states and alleges as follows:

2. That, at the time of the collision, TRAVELERS HOME AND MARINE INSURANCE COMPANY, had a policy of insurance on the 2007 Lexus ES 350 owned and operated by the Plaintiff, JAMES NEAL BARLOW, that had uninsuredlunder-insured motorists coverage in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) per person and THREE HUNDRED THOUSAND DOLLAJ{S ($300,000.00) per accident. The policynumber is 987487922 1011. It is believed by Plaintiff that, at the time ofthe collision, the Defendant, DEVIN MICHAEL MILLER, was provided insurance coverage by Pride National Insurance Company, but that said Defendant is believed to be under insured in regard to this claim, and that Plaintiff is entitled to recover from TRAVELERS HOME AND MARINE iNSURANCE COMPANY, on the policy of insurance in the amount of $100,000.00.

WHEREFORE, Plaintiff prays forjudgment against the Defendant, TRAVELERS HOME AND MAJ{INE INSURANCE COMPANY, in the amount of $100,000.00 for personal injuries, together with the costs of this action.

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments:



 
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