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Date: 06-07-2011

Case Style: Tyler Hiatt v. Timothy England

Case Number: CJ-2009-2510

Judge: Tom A. Lucas

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Jerry W. Foshee, M. Blake Yaffe and Eric J. Cavett

Defendant's Attorney: Lacy N. Boyles

Description: Tyler Hiatt individually and as mother and next friend of Mark Anderson Hiatt, a minor, sued Timothy England on an auto negligence theory claiming that on October 2, 2008 she was driving northbound on S. Western Avenue near the intersection of S.W. 113th Street in Oklahoma City, Cleveland County with Mark Anderson Hiatt as a passenger. That Timothy England failed to exercise due care in the operation of a vehicle being driving by him and towing a trailer and, as a direct result, a car wreck occurred as a result of the trailer coming loose from the towing vehicle and it collided with Plaintiff's vehicle injuring both Tyler Hiatt and Mark Anderson Hiatt.

Defendant admitted that an accident occurred but denied all other allegations. Defendant claimed contributory negligence, sudden emergy, unavoidable accident, excessive damages, pre-existing condition or injury, post-arising condition or injury, no proximate cause, failure to mitigate damages, and general denial.

Outcome: Plaintiffs' verdicts for Kathy Hiatt for $7,832.22, Tylar Hiatt for $14,427.77 and Mark Hiatt for $5,000.

Plaintiff's Experts: Dr. Jeffrey P. Pardee, Terry Hill, D.O., C. Keith Muse, D.C., Stephen F. Lemons, M.D., C.B. Pettigrew, D.O., Nathan D. Schacter, B.A., D.C.

Defendant's Experts: None

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