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Date: 01-10-2013
Case Style: John Morgan III v. Independent School District No. 4 of Bixby
Case Number: CJ-2010-3697
Judge: Dana Kuehn
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney:
Defendant's Attorney: John E. Priddy
Description: John Morgan III, individually and as parent and next friend of J.M., a minor, sued Independent School District No. 4 of Bixby on a governmental tort claim theory.
The claims made and defenses asserted are not available.
Outcome: Now on this 18th day of December, 2012, this matter comes on for hearing before the undersigned Judge of the District Court. The Plaintiff, John Morgan, III, as Parent and Next Friend of J.M., a minor child, (the “Plaintiff’), appear in person and by their attorney, Donald E. Smolen, II. The Defendant, Independent School District No.4 of Tulsa County, Oklahoma, commonly known as Bixby Public Schools (the “School District”), appear by its attorney, John E. Priddy of the firm ROSENSTEIN, FIST & RINGOLD. Trial by july is waived by all parties.
The court, being fully advised in the premises and having listened to testimony of the witness(es), finds that a Settlement Agreement has been entered into between the parties to settle this matter for the total amount of Ninety Thousand Dollars ($90,000.00). Of the $90,000.00 recovered, Donald E. Smolen, II, attorney for the Plaintiff, shall receive $30,000.00 as attorney fees and $1,174.96 as costs. A payment of $17,324.28 shall be made to Coventry Health & Life Insurance Company for its subrogation claim. The Plaintiff is entitled to reimbursement of $5,000.00 for out of pocket expenses leaving the sum of $36,500.76 for the minor Plaintiff, J.M.
The court finds that the settlement amount is reasonable and should be and the same is hereby approved.
The court makes no finding regarding the issue of liability of the School District, but finds that the Settlement Agreement is reasonable insofar as the injuries and damages of the Plaintiff is concerned.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Plaintiff should be and is hereby granted judgment against the School District in the total amount of $90,000.00.
IT IS FURTHER ORDERED that from the $90,000.00 recovered, Donald E. Smolen, II, attorney for the Plaintiff, shall receive $30,000.00 as attorney fees and $1,174.96 as costs. A payment of $17,324.28 shall be made to Coventry Health & Life Insurance Company for its subrogation claim. The Plaintiff is entitled to reimbursement of $5,000.00 for out of pocket costs leaving the sum of $36,500.76 for the minor Plaintiff, J.M.
Plaintiff's Experts:
Defendant's Experts:
Comments: