Case Style: Sherwood Brown v. Kellie M. Warrier
Case Number: CJ-2009-1627
Judge: Lisa T. Davis
Court: District Court, Oklahoma County, Oklahoma
Plaintiff's Attorney: Frank B. Kirk, Jr.
Defendant's Attorney: Melissa G. Handke
Description: Sherwood Brown sued Kellie M. Warrier and Allstate Insurance Company on auto negligence and underinsured motorist theories claiming:
1. Brown is a resident of Oklahoma City, Oklahoma County, State of Oklahoma.
2. Warrior is a resident of Spencer, Oklahoma County, State of Oklahoma.
FIRST CAUSE OF ACTION
3. On or about February 21, 2007, Brown was operating a 2002 Kia, traveling northbound on N. Classen in the left turn lane going west onto NW 23’ Street, in Oklahoma City. Brown did not proceed because an emergency vehicle was approaching. Warrior disregarded the proaching emergency vehicle, and proceeded to make the left hand turn onto 23 Street. Brown was negligently rear ended by the 2004 Toyota Tundra, driven by the defendant, Warrior, striking him with great force and violence. The collision caused Brown severe injuries and damages, including, past, present and future pain and suffering; past, present and future medical expenses; and any other damages the Court deems just and equitable.
WHEREFORE, the plaintiff, Sherwood Brown, prays for damages in a sum in excess of $10,000.00 against the defendant, Kellie M. Warrior, for past, present and future pain and suffering; past, present and future medical expenses; and all costs of this action and such other relief as the Court deems just and equitable.
SECOND CAUSE OF ACTION
COMES NOW the plaintiff, Sherwood Brown, and realleges and restates the First Cause of Action and further alleges and states as follows:
4. That the vehicle Brown was driving, the 2002 Kia, sustained damage as a result of the negligence of Warrior when her vehicle rear-ended Brown’s vehicle. Brown should be compensated for the damage to his vehicle, and any other damages the Court deems just and equitable.
WHEREFORE, the plaintiff, Sherwood Brown, prays for an approximate sum of $5,000.00 against the defendant, Kellie M. Warrior, for damages to his vehicle, all costs of this action, and such o relief as the Court deems just and equitable.
Defendants answered as follows:
COME NOW the Defendants, Kellie M. Warrior and Allstate Insurance Company, and for the answer to the Petition filed on behalf of the Plaintiff, allege and state as follows:
ADMISSIONS AND DENIALS
1. Defendants generally and specifically deny each and every material allegation contained in the Petition filed on behalf of the Plaintiff except for those which may be specifically admitted hereinafter.
2. Defendants admit that there was a collision of automobiles at the approximate time and location alleged in paragraph 3 of Plaintiff’s Petition.
3. Defendants are without sufficient information, knowledge, or belief to either admit or deny the allegations of injuries and damages alleged in paragraphs 3 and 4 of Plaintiff’s Petition, and therefore deny the same, and demand strict proof thereof
4. The Defendant denies the nature and extent of Pjaintiff’s injures and damages, if any, and the reasonableness and necessity of medical treatment.
5. Discovery in this case is just commencing, and reserves the right to amend his/her answer to assert additional affirmative defenses as they may be ascertained.
WHEREFORE, premises considered, defendants pray that Plaintiffs Petition be dismissed and Plaintiff take nothing thereby; further Defendants pray for the costs of this action and for such relief as may be fair and equitable.
Outcome: JUDGE DAVIS: CASE COMES ON FOR JURY TRIAL. PLAINTIFF APPEARS PRO SE. ANTHONY BONNER APPEARS ON BEHALF OF DEFENDANT. BOTH SIDES ANNOUNCE READY. (25) JURORS SWORN TO ANSWER QUESTIONS. (18) JURORS CALLED TO THE BOX. COURT INQUIRES OF THE BOX. JURY EXAMINATION BY PLAINTIFF AND DEFENDANT THEN PASSED FOR CAUSE. PEREMPTORY CHALLENGES. ALL CHALLENGES CALLED. 12 JURORS SWORN TO TRY CASE. COURT'S INSTRUCTION #1. OPENING STATEMENTS BY PLAINTIFF AND DEFENDANT. WITNESS SWORN, TESTIMONY HEARD, EXHIBITS OFFERED. PLAINTIFF RESTS. DEMURRER OVERRULED. DEFENDANT RESTS. COURT'S INSTRUCTIONS TO THE JURY. CLOSING ARGUMENTS BY PLAINTIFF AND DEFENDANTJURY RETIRES TO DELIBERATE, RETURNS WITH VERDICT AND FINDS: JUDGMENT FOR THE DEFENDANT. JURY DISCHARGED, CLERK DIRECTED TO FILE AND RECORD VERDICT ACCORDINGLY. COURT REPORTER MARILYN HODGEN.