Date: 03-08-2001

Case Style: Joyce Hart v. C. A. Wilkerson and Vanliner Insurance Co.

Case Number: CJ-98-300

Judge: Robert Murphy

Court: District Court, Payne County, Oklahoma

Plaintiff's Attorney: Bill M. Roberts and Frances Stanton of Durbin, Larimore and Bialick of Oklahoma City, Oklahoma

Defendant's Attorney: Joanne Deaton of Rhodes, Hieronymus, Jones, Tucker and Gable, of Tulsa, Oklahoma

Description: Automobile accident on I-35 in heavy smoke from grass fire. Plaintiff was rearended by defendant. Plaintiff contended she was going slowly, following vehicle in front of her at speed of 20-25 mph consistent with smoky conditions. Defendant contended plaintiff was stopped.

Plaintiff suffered neck injuries resulting in three level cervical fusion. Defendant claimed surgery would have occurred anyway due to pre-existing conditions, degenerative disk disease, arthritis etc.

Defendant blamed ghost tortfeasor railroad whose train started the grass fire causing the smoke and non-party railraod was on comparative verdict form to apportion negligence, if any.

Plaintiff's medical bills totaled $44,000.00 and approximately $123,000.00 lost wages.

Outcome: Pre-trial settlement offer of $100,000.00 Blue Verdict form for PLaintiff and against Defendant, zero negligence on plaintiff, for $455,000.00 damages.

Plaintiff's Experts: Ron Blevins, accident reconstruction and Dr. Boxell, surgeon by video depo

Defendant's Experts: none

Comments: Bill M. Roberts Durbin, Larimore and Bialick 920 North Harvey Oklahoma City, Ok 73120 phone 405-235-9584