Date: 02-03-2014

Case Style: Geraldine Roserie v. Thanh Nyguyen

Case Number: CJ-2011-8534

Judge: Barbara G. Swinton

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Jason M. Hicks

Defendant's Attorney: Adam M. Baker and Michael E. McAtee

Description: 1. On or about November 8, 2010, on a public roadway in Oklahoma City, Oklahoma County, Oklahoma, Defendant, Thanh Nguyen negligently drove a motor vehicle causing a collision with a vehicle then and there lawfully operated by Plaintiff.

2. As a result of the negligence of Defendant, Plaintiff sustained personal injuries and is entitled to recover damages for such personal injuries.

3. That as a direct and proximate result of the collision caused by Defendant, Plaintiff has sustained serious and permanent injuries; has suffered a tremendous amount of physical and mental pain and suffering; and has incurred medical expenses, all in an amount in excess of $10,000.00.

4. Pursuant to the provisions of 12 O.S. § 3226(A)(2)(a), Plaintiff submits this preliminary computation of damages sought in this lawsuit. As this is an action for injuries suffered by an adult, Plaintiff advises that all damages recoverable by law are sought, including those listed in OUJI3d 4.1. Plaintiff advises that under item (K), Plaintiffs’ medical bills incurred to-date are in the approximate amount of $13,243.34. At this point, Plaintiff does not know the amount of future medical expense, if any. These items are among the elements for the jury to consider in fixing the amount of damages to award to Plaintiff. Other than the amounts which Plaintiff has specifically identified, and which are capable of being ascertained to some degree of certainty, Plaintiff is unable to guess or speculate as to what amount of damages a jury might award. The elements for the jury to consider include the following:

a. Plaintiff’s physical pain and suffering, past and future;

b. Plaintiff’s mental pain and suffering, past and future;

c. Plaintiff’s age;

d. Plaintiff’s physical condition immediately before and after the accident;

e. The nature and extent of Plaintiff’s injuries;

f. Whether the injuries are permanent;

g. The physical impairment;

h. The disfigurement;

i. Loss of time;

j. The reasonable expenses of the necessary medical care, treatment, and services, past and future.

WHEREFORE, Plaintiff prays for judgment against Defendant for personal injuries, for a sum hereinbefore set forth, plus interest, costs, attorney fees, and such other relief as to which Plaintiff may be entitled.

COMES NOW the Defendant, Thanh Nguyen, and for his Answer to the Petition filed herein by the Plaintiff, alleges and states as follows:

1. The Defendant denies the allegations contained in Paragraphs 1, 2, 3 and 4 of Plaintiffs Petition and demands strict proof thereof.

AFFIRMATIVE DEFENSES

2. The incident complained of in the Plaintiff’s Petition was caused by the negligence of third parties over whom this Defendant had no control or supervision, and therefore, liability will not attach to this Defendant.

3. The incident complained of in the Plaintiffs Petition was the direct result of the negligence of the Plaintiff in a degree to either prohibit or lessen any recovery thereunder.

4. The injuries complained of by the Plaintiff were not the proximate result of any actions of Defendant.

5. The incident complained of in the Plaintiff’s Petition was the result of a sudden emergency andJor unavoidable casualty presented to this Defendant and, at all times pertinent
thereto, this Defendant acted reasonably and prudently; and therefore, liability will not attach to this Defendant.

6. The Plaintiff sustained no injury or was not injured as severely as alleged as a result of the incident in this suit.

7. Plaintiff voluntarily assumed the risk of a known danger and is not entitled to recover herein.

8, The Plaintiffs Petition fails to state a claim upon which relief can be granted.

9. The Defendant reserves the right to amend or abandon any or all of the allegations stated.

10. It is anticipated that additional affirmative defenses will become known through the discovery process; therefore, this Defendant reserves the right to plead them as they are discovered.

WHEREFORE, the Defendant, Thanh Nguyen, prays that judgment be rendered in his favor, that he be awarded his costs and attorney fees, and any and all other relief the Court deems just and equitable.

Outcome: COMES NOW the Plaintiff, Geraldine Roserie, and hereby moves this Honorable Court to enter a Distribution and Settlement Order. In support of said Motion, Plaintiff states as follows:

1. Plaintiff, Geraldine Roserie was a citizen and resident of Oklahoma County, Oklahoma at the time of the collision hereinafter described.

2. Defendant, Thanh Nguyen, deceased was a citizen and resident of Oklahoma County, Oklahoma at the time of the collision hereinafter described.

3. This is an action arising from a motor vehicle collision that occurred in Oklahoma County, Oklahoma, when Defendant was negligent in causing the collision that is the subject of this action.

4. Defendant’s insurance company, State Farm Insurance, offered Twelve Thousand, Seven Hundred and Fifty Dollars ($12,750.00) as full and final resolution of all claims against Defendant.

5. Plaintiff, Geraldine Roserie requests this Court apportion the proceeds as set forth hereinafter for the reason that the proceeds are not adequate to fully pay all outstanding medical liens.

6. Plaintiff, Geraldine Roserie has contracted for attorney fees and costs, which Plaintiff’s attorneys are entitled to Six Thousand, Three Hundred and Seventy-five Dollars ($6,375.00) which represents fifty percent (50%) of the total amount awarded and one hundred percent (100%) of the costs. (42 0.S. 43 and 42 O.S. 46)

7. The following medical liens have been filed regarding Plaintiff Geraldine Roserie:

a. Integris Baptist Medical Center $705.20

b. Bryan L. Predmore, D.C. $6,445.00

c. Joseph Broome, M.D. $478.00

d. H.P.I. Physicians/Dr. Stone $1,081.00

e. Community Hospital $4,323.14

8. The following medical providers have outstanding balances for services rendered to Geraldine Roserie but not file a lien:

a. Perse Technologies $211.00

9. That after payment of attorney fees and costs there remains the sum of Five Thousand, Six Hundred Sixty-Seven and Fifty Cents ($5,667.50) for payment of medical service providers on a pro rata share. That those medical service providers who have not filed liens shall recover nothing from the proceeds of this action and that those who have filed liens shall recover their pro-rated share from their remainder of the settlement proceeds as follows:

PROVIDER AMOUNT OWED AMOUNT TO BE PAID

Integris Baptist $705.20 $306.68

Bryan L. Predmore $6,445.00 $2,802.80

Joseph Broome, M.D. $478.00 $207.87

H.P.I. Physicians/Dr. Stone $1,081.00 $470.10

Community Hospital $4,323.14 $1,880.05

TOTAL $5,667.50

9. The Plaintiff requests this Court determine the distribution of the settlement proceeds as set forth above.

WHEREFORE, Plaintiff, Geraldine Roserie moves this Honorable Court to grant her Motion by approving the distribution in the total sum of Twelve Thousand, Seven Hundred and Fifty Dollars ($12,750.00) and for disbursements in accordance with the foregoing Motion ndby dismissing Defendant, with prejudice and without costs.

Plaintiff's Experts:

Defendant's Experts:

Comments: