Date: 01-22-2015

Case Style: Robert Bodin v. Linda Hernandez and State Farm Mutual Insurance Company

Case Number: CJ-2013-4968

Judge: Thomas E. Prince

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Luke Abel

Defendant's Attorney: Mark Maguire and Andrew Wakeman for State Farm

Description: 1. On March 14, 2013, at about 10:50 a.m., Plaintiff Robert Bodin (“Plaintiff’) was driving his vehicle east on N.W. 63td Street where it intersects with N. Portland Ave. in Oklahoma City, Oklahoma.
2. Defendant Linda Hernandez (“Defendant Hernandez”) was driving a vehicle west on N.W. 63’ Street when she attempted to make a left hand turn onto N. Portland Ave. and caused a collision with Plaintiffs vehicle.
3. The collision resulted from Defendant Hemandez’s negligence as follows:
a. Defendant was traveling at a speed in excess of the posted speed limit andJor at a speed wherein she could not stop within the assured clear
distance ahead.
b. Defendant failed to keep a proper lookout.
c. Defendant failed to use her brakes, horn or steering mechanism to avoid the collision.
d. Defendant failed to yield to the right of way.
e. Defendant failed to obey traffic control devices.
f. Defendant attempted to make a left hand turn at a time when said movement could not be made with reasonable safety.
4. Plaintiff states that at the time of the collision set forth above, Defendant State Farm Mutual Automobile Insurance Co. had a policy of uninsured/underinsured motorist insurance coverage in force and effect in favor of Plaintiff, for injuries received and caused by the negligence of an uninsured or underinsured motorist. At the time of the collision complained of, Defendant Hernandez was an underinsured motorist.
5. As a result of Defendant Hemandez’s negligence, Plaintiff suffered personal injuries. Said injuries are permanent, painful and progressive. When injured, Plaintiff was 57 years of age with a life expectancy of 23.9 years. As a further result of Defendant Hernandez’s negligence, Plaintiff has and will incur medical expense, has and will suffer pain of mind and body, has and will lose earnings, will be permanently disabled, and his earning capacity reduced in an amount in excess of $10,000.00.
WHEREFORE, Plaintiff prays judgment against Defendants in an amount in excess of $10,000.00, together with attorney fees, interest and costs of this action.

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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