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Date: 04-05-2013

Case Style: Linda Ishem v. Patricia McGuire

Case Number: CJ-2010-5377

Judge: Linda G. Morrissey

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Sonald E. Smolen, Sr. and Bryan Smith

Defendant's Attorney: Leon P. Davis Jason T. Seay, Michelle Baldwin Skeens for Patricia McGuire and O'Reilly Automotive, Inc.

Susan E. Lentz for OSU Medical Center and Saint Francis Hospital

Richard T. McGonigle for David A. Traub, M.D.

Thomas Jackson Sullivent for Tulsa Spine and Specialty Hospital

Dan M. Webb for Emergency Medical Services Authority (EMSA)

Description: Linda Ishem sued Patricia McGuire on an auto negligence theory and O'Reilly Automotive, Inc. on respondeat superior theories claiming to have been injured and/or damaged in a car wreck caused by McGuire in Tulsa County, Oklahoma.

The claims made and defenses asserted are not available for this case.

The parties agreed to a settlement and the Court entered an order determining liens and apportioning the settlement proceeds as follows:

The Plaintiff appeared by and through his attorney of record, Bryan L Smith The Defendants, Patricia McGuire and O’Reilly Automotive, Inc , did not appear nor did their unse1 of record as it was not required for them to do so.

Lonny Davis appeared on behalf of lien holders, Tulsa Diagnostic Imaging, Associated Anesthesiologists, Inc. and Tulsa Orthopaedic Associates. Richard McGonigle appeared on behalf of lien holders, Dr. David Traub/Heritage Medical Clinic, Oklahoma Medical Service & Supply, Inc., Oklahoma Physical Therapy and Saffa Compounding Pharmacy. Susan Lentz appeared on behalf of lien holders, OSU Medical Center, Saint Francis Hospital and EMSA. Sid Martin appeared on behalf of lien holder, Tulsa Spine & Specialty Hospital.

David Garrett or a representative of Brown Jones Anderson PLLC did not appear nor was type of Entry of Appearance or Answer filed on their behalf in reference to Plaintiff’s Motion For Distribution.

Lien holders, St. John Medical Center, Bartlesville Physical Rehabilitation and Olympia Anesthesia did not appear, nor was any entry of appearance or answer filed in reference to Plaintiff’s Motion For Distribution. That Case Funding, Inc., although not a lien holder, was notified of said Motion To Determine Liens and Apportionment of Settlement Proceeds and no one appeared or entered any type of appearance or answer on their behalf.

After hearing arguments of counsel, it is hereby determined that Plaintiff’s counsel be granted attorney’s fees in the amount of $97,500.00, plus litigation expenses in the amount of $4,094.08, for a total attorney’s fee and costs in the amount of $101,594.08. That Tulsa Diagnostic Imaging be granted the sum of $10,089.62. That Associated Anesthesiologists, Inc. be granted the sum of $897.03. That Tulsa Orthopaedic Associates be granted the sum of $31,434.35. That Dr. David Traub/Heritage Medical Clinic be granted the sum of $3,321.14. That Oklahoma Medical Service & Supply, Inc. be granted the sum of $286.77. That Oklahoma Physical Therapy be granted the sum of $2,330.93. That Saffa Compounding Pharmacy be granted the sum of $625.06. That OSU Medical Center be granted the sum of $2,004.79. That Saint Francis Hospital be granted the sum of $5,789.95. That EMSA be granted the sum of $358.55. That Tulsa Spine and Specialty Hospital be granted the sum of $36,267.73.
The Court further determines that since David Garrett or a representative of Brown Jones Anderson failed to enter an appearance, answer or otherwise appear at Plaintiff’s Motion For Distribution of Proceeds that they are herebyprohibited from recovering from the Plaintiff under this particular Distribution of Proceeds.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Plaintiff’s counsel be granted attorney’s fee in the amount of $97,500.00 and litigation expenses in the amount of $4,094.08, for a total attorney’s fee and costs of $101,594.08.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Tulsa Diagnostic Imaging be granted the sum of $10,089.62; that Associated Anesthesiologists, Inc., be granted the sum of $897.03; that Tulsa Orthopaedic Associates be granted the sum of$3 1,434.35; that Dr. David Traub/Heritage Medical Clinic be granted the sum of $3,321.14; that Oklahoma Medical Service & Supply, Inc. be granted the sum of $286.77; that Oklahoma Physical Therapy be granted the sum of
$2,330.93; that Saffa Compounding Pharmacy be granted the sum of $625.06; that OSU Medical Center be granted the sum of2,004.79; that Saint Francis Hospital be granted the sum of $5,789.95; that EMSA be granted the sum of $358.55; and, that Tulsa Spine and Specialty Hospital be granted the sum of $36,267.73.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that David Garret andJor Brown Jones Anderson shall take nothing under these settlement proceeds.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that St. John Medical Center, Bartlesville Physical Rehabilitation, Case Funding, Inc. and Olympia Anesthesia shall take nothing under these settlement proceeds.


Outcome: Settled and dismissed with prejudice.

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Defendant's Experts:

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