Johnnie Jones v. Mytwaun Dawson Alverson and Ashley's American Mall, LLC

Johnnie Jones sued Mytwaun Dawson Alverson and Ashley's American Mall, LLC on auto negligence theories claiming:



I. On or about December 1,2012, on private property at or near 9206 E. Admiral Place, Tulsa, Tulsa County, State of Oklahoma, Defendant Mytwaun Dawon Alverson willfully or recklessly or negligently drove a motor vehicle against Plaintiff who was then a pedestrian lawfully and properly walking towards a store.



II As a result, Plaintiff was struck and thrown down suffering gnevous personal injuries, was preventing from transacting his business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization.



WHEREFORE, Plaintiff demandsjudgment against Mytwaun Dawon Alverson for actual andpunitive damages in excess of $75,000.00 the amount required for diversityjurisdiction under § 1332 of Title 28 of the United States Code.



Defendants appeared and answered as follows:



1. This Defendant is without sufficient information to admit or deny the allegqpns set forth in Paragraph No. 1 of Plaintiff's Amended Petition and therefore the allegations are denied and strict proof thereof is demanded.



2. This Defendant is without sufficient information to admit or deny the allegations set forth in Paragraph No. 2 of Plaintiff's Amended Petition and therefore the allegations are denied and strict proof thereof is demanded.



SECOND CAUSE OF ACTION



1. It is acknowledged that Defendant Ashley's Americas Mall, LLC was operating a business.



2. It is acknowledged that Ashley's Americas Mall, LLC rented space to vendors which has included the Plaintiff Johnnie Jones. All other allegations set forth in Paragraph N Plaintiff's Second Cause of Action is denied and strict proof thereof demanded.



3. The allegations set forth in Paragraph No. 3 of Plaintiff's Second Cause of Action are denied and strict proof thereof is demanded.



4. To the extent that Paragraph No. 4 of Plaintiff's Second Cause of Action purports to call for a legal conclusion, this Defendant is without sufficient information to admit or deny therefore the allegations are denied and strict proof thereof demanded. All other allegations set forth in Paragraph No. 4 not expressly admitted are denied and strict proof thereof demanded.



5. The allegations set forth in Paragraph No. 5 of Plaintiff's Second Cause of Action are denied and strict proof thereof is demanded.



AFFIRMATVE DEFENSES



1. This Defendant alleges that Plaintiffs injuries, if any, resulted from an unavoidable accident andJor condition which this Defendant has no control and could not prevent.



2. The Plaintiff fails to state a cause of action for negligence or other cause of action against this Defendant as alleged in Plaintiff's Amended Petition.



3. This Defendant asserts that Plaintiff's injuries, if any, resulted from natural conditions, infirmities or other bodily conditions not caused by the negligence on the part of this Defendant.



4. This Defendant asserts that Plaintiff's claims are barred by the Statute of Limitations.



5. This Defendant specifically and generally denies that it was negligent therefore resulting in damages to the Plaintiff.



6. This Defendant states that any danger presented to the Plaintiff resulting in any injury was open and obvious and not hidden.





7. This Defendant denies that any act or omission allegedly done by any agent, employee and/or servant of this defendant that allegedly caused harm to Plaintiff was performed within the course and scope of employment.



8. This Defendant denies that it breached any duty owed to Plaintiff.



9. This Defendant denies that it was responsible for any act or omission that might have caused injury and/or damage to Plaintiff.



10. This Defendant states that Plaintiffs injuries, if any, were due to the negligence of another party or Plaintiffs contributory/comparative negligence for which this Defendant has no control.



11. Plaintiffs claims are barred by estoppel, statute of laches and statute of repose.



12. Plaintiffs claims are barred by his assumption of the risk.



13. Any allegations contained in Plaintiffs Amended Petition asserted against this Defendant not expressly admitted are denied and strict proof thereof demanded.



14. Plaintiff had a duty to keep a careful lookout from where he was going and for traffic.



15. This Defendant is an improper party.



16. This Defendant specifically reserves the right to further amend this Answer and Affirmative Defenses prior to the Pretrial of this action.



WHEREFORE premises considered Defendant Ashley's Americas Mall, LLC praises this Court enter judgment in its favor, finds that Plaintiff is not entitled to the relief requested and for such other and further relief as the Court may deem just and equitable.

Settled and dismissed with prejudice as to Ashley's Americas Mall, LLC