Date: 08-07-2012

Case Style: Larry Luckey v. Lori A. Grant and Chuck Fluker

Case Number: CJ-2010-3128

Judge: Dana Kuehn

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Donald E. Smolen, Smolen & Smith, Tulsa, Oklahoma

Defendant's Attorney: Adam Scott Weintraub, Savage, O'Donnell, Affeldt, Weintraub & Johnson, Tulsa, Oklahoma for Lori A. Grant and Chuck Fulker

Leon P. Davis, Tulsa, Oklahoma for Tulsa Diagnostic Imaging

Susan E. Lentz, Works & Lentz, Inc., Tulsa, Oklahoma for St. John Medical Center and Hillcrest Medical Center

Richard T. McGonigle, Law Office of Richard T. McGonigle, Tulsa, Oklahoma for Oklahoma Medical Service and Supply, Inc. and David A. Traub, M.D.

Steven Hightower, Tulsa, Oklahoma for Orthopaedic Center, P.C.

Description: Larry Luckey sued Lori A. Grant and Chuck Fluker on auto negligence theories claiming to have been injured in a car wreck caused by Defendants.

Tulsa Diagnostic Imaging, Physical Rehabilitation of Tulsa, Orthopaedic Center, P.C., St. John Medical Center, Hillcrest Medical Center, Oklahoma Medical Service & Supply, Inc., and David A. Traub, M.D. intervene seeking reimbursement of medical services provided to Luckey.

NOW ON THIS 25th day of May, 2012, the above styled case came for hearing on Plaintiff’s Motion to Determine Liens and Apportion Settlement. Plaintiff is represented by Bryan Smith. Defendant is represented by Adam Scott Weintraub. Lienholders Hillcrest Medical Center, St. John Medical Center, and OSU Medical Center are represented by Jared Lentz, and Dr. Rick Huskey, Heritage Medical Clinic, Oklahoma Medical Service and Supply Inc., Tulsa Diagnostic Imaging, Physical Rehabilitation Center of Tulsa, and the Orthopedic Center are all represented by Lonny Davis.

The Court, having reviewed the file and hearing argument is frilly apprised of the facts and circumstances herein and finds as follows:

1. Plaintiff and Defendant agreed to fill and final settlement of all Plaintiffs claims against Defendant in the amount of $25,000.

2. Pursuant to Plaintiffs Attorney/Client contract, fees are fixed at 40%. Thus, the finn of Smolen & Smith are due $10,000 for their fee. The firm incurred $526.04 in litigation expenses. Therefore, they are due that amount as well. Thus, Smolen & Smith is due the total sum of$10,526.04.

3. The remaining balance of $14,473.96 is to be divided as follows:

1. Dr.Ricklluskey
$410.88

2. Tulsa Diagnostic Imaging
$282.09

3. Physical Rehab
$298.04

4. Dr. Traub/Heritage Medical
$767.16

5. OK Medical Services Supply
$73.22

6. Hillcrest
$9,019.66

7. St. John Medical Center
$455.12

8. Orthopedic Center
$3,167.79

The Court hereby finds that by entry of this Order, liens should be and hereby are extinguished.

IT IS THEREFORE ORDERED ADJUDGED AND DECREED that the settlement proceeds be divided as outlined in Paragraphs 2 and 3.

IT IS FURTHER ORDERED ADJUDGED AND DECREED that all liens herein are extinguished.

IT IS FURTHER ORDERED ADJUDGED AND DECREED that all parties bear their own costs and fees for this action.

Outcome: Settled for $25,000.00.

Plaintiff's Experts:

Defendant's Experts:

Comments: