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Woman sues county after December accident

October 4, 2011

A lawsuit was filed in
the LeFlore County Court
Clerk's Office Wednesday
naming the county as a
defendant after a woman
was injured in an automobile
accident.
According to the petition
filed by Attorney
Gary Buckles on behalf of
his client, Krista
McCurtain, she claims that
LeFlore County and
Bradley Lewis, 20, of
Duncan,Okla., were both
negligent in their actions
which caused her injury.
On December 11,
McCurtain was a passenger
in a 1999 Pontiac four
door driven by Lewis. At
approximately 4 a.m. they
were traveling down Green
Hill Road, two miles east
of Talihina when they
encountered a detour in
the road due to construction
on a bridge. Lewis,
who was unfamiliar with
the area and driving
approximately 50 miles
per hour, was unable to
negotiate the detour and
the vehicle struck a dirt
barrier. Once the Pontiac
struck the barrier it went
airborne and landed more
than 90 feet west of the
barrier.
When Trooper Joshua
Davies arrived on the
scene, the Talihina Fire
and Rescue were extricating
McCurtain from the
damaged vehicle and she
was transported to the
Choctaw Nation Hospital
by EMS of LeFlore
County. It was suspected
at the time of the accident
that she was suffering
from a head injury.
Davies reported that
Lewis was driving under
the influence of alcohol at
the time of the accident
and he was formally
charged with the crime in
August.
McCurtain claims in
her petition against the
county that their negligence
stems from failure
to properly warn about the
detour around the work
site and by failing to provide
reasonable notice of
the known danger. She
also claims that their
action was wanton and in
reckless disregard. She
claims that Lewis was
negligent by driving a
motor vehicle while under
the influence of alcohol
and not exercising caution
for his own safety and the
safety of others.
She is asking the court
for compensation for
incurred medical costs,
loss of wages, and for
future medical costs due
to the continued treatment
of her injuries.

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