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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