Date: 10-02-2012

Case Style: Margarita Serrato v. Jorge Cannon

Case Number: CJ-2010-9245

Judge: Lisa T. Davis

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Tuan A. Khuu

Defendant's Attorney: Laura L. Holmes

Description: 1. On or about June 7,2010, her son Ricardo Serrato, a minor, who is mentally and physically handicapped and must use a waLker to walk, was injured by the negligence of Defendants to which Plaintiff has entrusted her child for educational purposes.

2. Plaintiffs son suffered a chipped tooth, scrapes and bruises to his face and right wrist and has incurred medical bills of $702.00 and will incur future medical expenses of $2500.00.

3. Defendants were negligent as follows:

a) Failure to supervise

b) Failure to protect the minor child during school hours

4. Defendants refused to disclose the facts concerning her son’s injuries and the son is unable to speak and as a result Plaintiff and minor son have suffered mental anguish and/or International Infliction of Emotional Distress in excess of $10,000.00.

WHEREFORE, Plaintiff prays for judgment against the Defendants in an amount in excess of S 10,000.00, together with interest, costs and any further relief the court deems equitable, just and available to Plaintiffs by law.

Defendant Independent School District No. 89 of Oklahoma County, Oklahoma (“District”) for its Answer to the allegations in Plaintiffs’ Petition states as follows:

1. District denies the allegations in Paragraphs 1, 2, 3, and 4. Affirmative Defenses

2. Plaintiffs fail to state a claim upon which relief may be granted.

3. District is exempt from liability under one or more exemptions of the Oklahoma Governmental Tort Claims Act.

4. District may not be liable for the negligent or intentional acts of third parties.

Outcome: The Plaintiff, Margarita Serrato appears personally and with her attorney, Luis Little and the Defendant appears by and through its attorney of record, Heather N. Hendricks. The parties represent to the Court, and the Court hereby finds that a compromise settlement has been reached between the parties. After receiving the testimony of witnesses and being duly advised in the premises, the Court finds the settlement to be a reasonable one in light of the disputed liability claims and the injury alleged. The Court further finds that this settlement, in the amount of six thousand dollars ($6,000.00), is in the best interests of the minor Plaintiff and should be and is hereby approved.

Further, the Court finds the proceeds of the settlement shall be distributed as follows pursuant to 12 O.S. § 83:

1. To Ricardo Serrato, a minor child, by and through his mother Margarita Serrato, the sum of $2,833.00 deposited in Chase, N.A., as a repository of the settlement funds, which shall not be withdrawn without further order of the Court.

2. To attorney Tuan Khuu for attorneys’ fees and costs incurred, $2,400.00. It is the responsibility of attorney Tuan Khuu, that the amount of $2,833 be so deposited in the bank set forth above.

3. To parent, for payment of Benefit Recovery, $767.00.

Wherefore, be it ordered, adjudged and decreed, that the proceeds received by the Plaintiff be distributed as set forth above. The court authorizes Margarita Serrato to execute a release in full of all claims and a dismissal with prejudice of this action.

Plaintiff's Experts:

Defendant's Experts:

Comments: