Date: 03-15-2013

Case Style: Greg Bury v. State of Oklahoma ex rel Bixby Public Schools, aka Independent School District No. 4

Case Number: CJ-2010-7137

Judge: Mary Fitzgerald

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Robert L. Rode

Defendant's Attorney: John E. Priddy for Bixby Public Schools

Eugene Robinson for Benchmark Enterprises, LLC

Description: Greg Bury and Lacy Page Bury sued State of Oklahoma ex rel Bixby Public Schools, aka Independent School District No. 4 and Benchmark Enterprises, LLC on negligence theories.

Plaintiffs claimed that on September 23, 2010, the minor Plaintiff, D.J.B., was injured due to the negligence of an agent or employee of the School District, which was denied by the District.

The Plaintiffs ask for judgment against the Defendants in excess of Seventy-Five Thousand Dollars ($75,000.00).

Without admitting liability for any reason and solely to conclude the dispute between the parties and minimize the risks and costs of litigation, the parties have agreed to settle all claims that Plaintiffs now have or may have against the School District and Benchmark for the sum of Thirteen Thousand Dollars ($13,000.00). A copy of the Release and Settlement Agreement executed by the Plaintiffs is attached as Exhibit A and incorporated herein as if set out in full.

The amount recovered by the minor plaintiff after payment of costs and attorney’s fees will be $3,472.19, which is over $1,000. Therefore, it is necessary to deposit this amount in a federally insured institution, pursuant to OKLA. STAT. tit. 12, § 83.

The amount recovered by the Plaintiffs’ attorney for attorney’s fees and costs will be $5,207.50.

Plaintiffs have represented there is a medical lien in the amount of $250.00 by Tulsa Bone & Joint Associates Brace Shop. Plaintiffs have also represented there is a subrogation claim in the amount of $4,070.31 by ASC. Plaintiffs hereby confirm these are the only medical liens or subrogation claims in this action.

Outcome: Now on this 21st day of February, 2013, this matter comes on for hearing before the undersigned Judge of the District Court. The Plaintiffs, Greg Bury and Lacy Page Bury’, as Parent and Guardian of DJ.B., a minor child, (the “Plaintiffs”), appear in person and by their attorney, Robert L. Rode. The Defendant, Independent School District No. 4 of Tulsa County, Oklahoma, commonly known as Bixby Public Schools (the “School District”), appears by its attorney, John E. Pricldy of the firm ROSENSTEIN, FIST & RINGOLD and Benchmark Enterprises, LLC (“Benchmark”) appears by its attorney James C. Daniel of the Robinson Law Firm. Trial by jury 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 Thirteen Thousand Dollars ($13,000.00). Of the $13,000.00 recovered, Robert L. Rode, attorney for the Plaintiffs, shall receive $5,207.50 attorney fees and leaving the sum of $3,472.19 for the minor Plaintiff, D.J.B.

The court further finds Tulsa Bone & Joint Associates Brace Shop has a medical lien in the amount of $250.00. ASC has a subrogation claim in the amount of $4,070.31.

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 or Benchmark, 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 Plaintiffs should be and is hereby granted judgment against the School District and Benchmark in the total amount of $13,000.00.

IT [S FURTHER ORDERED that from the $13,000.00 recovered, Robert L. Rode, attorney for the Plaintiffs, shall receive $5,207.50 as attorney fees, Tulsa Bone & Joint Associates Brace Shop shall receive $250.00 and ACS shall receive the sum of $407 1.31 and leaving the sum of $3,472.19 for the minor Plaintiff, D.J.B.

Plaintiff's Experts:

Defendant's Experts:

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