On January 19, 2005, Plaintiff was the passenger in a vehicle driven by a non-party which was struck by Defendant's semi-tractor rig at the intersection of Hwy 69 and Choctaw Road in Durant, OK. Plaintiff alleged that Defendant was negligent because he failed to slow down as he approached the intersection at which there had been an accident earlier that day and at which the Defendant had flashing yellow lights controlling the intersection.
As a result of the collision, Plaintiff incurred $146,862.27 in medical and hospital bills for a crush injury to her ankle with resulting surgeries and hardware inserted to stabilize the ankle; six fractured ribs; and, resulting cellulitis in her foot and leg which necessitated additional medical treatment.
Defendant denied that he was negligent and claimed that he tried to avoid the collision but was unable to under the circumstances.
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