Date: 06-16-2015

Case Style: Kaci Nicole Mays v. Thomas Alexander Fabri and Service Experts, Inc.

Case Number: CJ-2011-1640

Judge: Lori Walkley

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Jim Self and Mike Blue

Defendant's Attorney: Stan Ward, Chris Davis, Trevor Hughes, Jon Cartledge for Thomas Fabri and Service Experts Heating and Air Conditioning, LLC

Bryan King for Amtrust North America

Gene Robinson for Peerless Indemnity Insurance Company

Description: Norman, OK - Terry Dale Mays sued Thomas Alexander Fabri and Service Experts, Inc. d/b/a Gordon's Service Experts aka Service Experts Heating and Air Conditioning, LLC on auto negligence wrongful death theories claiming:

1. On or about the 13th day of August, 2010, the Plaintiff, Terry Dale Mays was driving eastbound on Lindsey Street in Norman, Cleveland County, Oklahoma. Terry Dale Mays had stopped for a red traffic light at the intersection of Lindsey and Beuy Road when a vehicle driven by the Defendant, Thomas Alexander Fabri, traveling eastbound on Lindsey rear-ended Plaintiffs vehicle. Said collision causing personal injuries to the Plaintiff
2. At the time and place of said collision Thomas Alexander Fabri. was the agent, servant or employee of Service Experts, Inc. dba Gordon’s Service Experts aka Service Experts
Heating and Air Conditioning, LLC. This entity or entities is therefore legally responsible for the negligent acts of Thomas Alexander Fabri.
3. Plaintiffs injuries were the direct and proximate result of the negligence of Thomas Alexander Fabri, individually and as the agent, servant and/or employee of Service Experts, Inc. dba Gordons Service Experts aka Service Experts Heating and Air Conditioning, LLC, as follows:
a. The Defendant, Thomas Alexander Fabri, failed to maintain a proper lookout for other traffic;
b. The Defendant, Thomas Alexander Fabri, failed to devote his full time and attention to his driving;
c. The Defendant, Thomas Alexander Fabri, failed to use his brakes and other mechanical means available to avoid the accident; and,
d. The Defendant, Thomas Alexander Fabri, followed too close causing the collision.
4. As a result of the Defendants negligence the Plaintiff, Terry Dale Mays, suffered serious physical injuries, said injuries are permanent, painful and progressive. As a result of said injuries, Plaintiff has incurred and will incur future medical expenses; has lost wages and his earning capacity has been reduced; has endured and will endure both physical and mental pain and suffering; will be permanently disabled/impaired and disfigured and he has been damaged in an aggregate sum in an amount in excess of $75,000.00.

Outcome: On this 16th day of June, 2015, the above-referenced matter came on for hearing upon the Application of the Plaintiff for Court approval of an agreed settlement. The Court has reviewed the terms of the Settlement Agreement and Release executed by the parties, heard statements of counsel, and testimony. The Court concludes that the Settlement Agreement and Release is fair, reasonable, in the best interest of M. J. M., surviving minor daughter of Decedent (born in 1999); and E, 0. I. M., surviving minor daughter of Decedent (born in 2008) and should be approved.
THIS COURT FINDS that at the time of the death of the Decedent, TERRY DALE MAYS, was not married and died without a Will or any other directions as to how to distribute his estate, thus died intestate.
THIS COURT FINDS AND MAKES THE FOLLOWING DETERMINATION OF
HEIRS: The Decedent, TERRY DALE MAYS, was survived by his three (3) biological children
[1] KACIE NICOLE MAYS, surviving adult daughter of Decedent and Personal Representative of the Decedent; [2] M. J. M., surviving minor daughter of Decedent (born in 1999); and [3] E. G. I. M., surviving minor daughter of Decedent (born in 2008). TERRY DALE MAYS was also survived by his mother, CONNIE ELAINE MAYS. TERRY DALE MAYS’ father predeceased him.
THIS COURT FINDS that the complexities of the case and the rights and claims of the individual heirs and beneficiaries of TERRY DALE MAYS, were previously discussed with each of the Decedent’s heirs and beneficiaries, to wit: [11 KACIE NICOLE MAYS, surviving adult daughter of Decedent and Personal Representative of the Decedent’s; [2] MELANIE DANELLE SEIBER as parent, guardian and next friend of M. J. M., surviving minor daughter of Decedent (born in 1999); [31 JENNIFER INMAN MAYS as parent, guardian and next friend of E. 0. I. M., surviving minor daughter of Decedent (born in 2008); and [4] CONNIE MAYS, surviving mother of Decedent.
THIS COURT FINDS that all of the heirs and beneficiaries of TERRY DALE MAYS, agreed, in writing, to divide any recovery or settlement proceeds recovered in this case and the parallel workers’ compensation case in equal percentages of 25% each.
THE COURT APPROVES this apportionment and division as fair, reasonable and in the best interest of all parties and, in particular, the minor children, M. J. M., surviving minor daughter of Decedent (born in 1999) and E. G. I. M., surviving minor daughter of Decedent (born in 2008).
THE COURT FINDS that on June 16, 2015, KACIE NICOLE MAYS as personal representative of the estate of TERRY DALE MAYS and as guardian ad litem of the two minor children of TERRY DALE MAYS, settled the workers’ compensation case recovering, inter alia, $30,000.00 of behalf of M. J. M., surviving minor daughter of Decedent (born in 1999), and $30,000.00 on behalf of E. 0. I. M., surviving minor daughter of Decedent (born in 2008) and secured the workers’ compensation insurer’s agreement to waive subrogation for the benefits previously paid. (These settlement proceeds will be referred to as the “workers’ compensation funds”.)
THE COURT FINDS that the workers’ compensation settlement and the amounts being apportioned to the minor children are fair, reasonable, in the best interest of the minor children and ARE HEREBY APPROVED.
THE COURT ORDERS that the amount of $30,000.00 from the workers’ compensation funds shall be paid to MELANIE DANELLE SEIBER as parent and next friend of M. J. M., surviving minor daughter of Decedent (born in 1999) and shall be immediately impounded for the use and benefit of the minor at Bank of Oklahoma in a federally insured, interest bearing account, with the mandate that such funds are not to be withdrawn until the minor reaches the age of eighteen (18) or until further order of the Court.
THE COURT ORDERS that the amount of $30,000.00 from the workers’ compensation funds shall be paid to JENNIFER INMAN MAYS as parent and next friend of E. G. I. M., surviving minor daughter of Decedent (born in 2008) and be immediately impounded for the use and benefit of the minor at Bank of Oklahoma in a federally insured, interest bearing account, with the mandate that such funds are not to be withdrawn until the minor reaches the age of eighteen (18) or until further order of the Court.
THE COURT FINDS that KACIE NICOLE MAYS, as personal representative of the estate of TERRY DALE MAYS and on behalf of all heirs and beneficiaries, has agreed to settle the claims against the Defendants, THOMAS ALEXANDER FABRI, and SERVICE EXPERTS, INC., d/b/a GORDON’S SERVICE EXPERTS, aJkla SERVICE EXPERTS HEATING AND AIR CONDITIONING, LLC, for $2,000,000.00 and settled the claims against Defendant, PEERLESS INDEMNITY INSURANCE COMPANY, for $1,000,000.00, pending the Court’s approval of the settlements on behalf of the minors and the Court’s permission to have the minors’ proceeds used to purchase structured annuities for the use and benefit of the minors with the first payments to be made to minors upon reaching their 1 8 birthday. (These settlement proceeds will be referred to as the “wrongful death funds”.)
THE COURT FINDS that the amount of the wrongful death settlement is fair, reasonable, in the best interest of the minor children and IS HEREBY APPROVED.
THE COURT APPROVES the request of KACIE NICOLE MAYS, as personal representative of the estate of TERRY DALE MAYS, to pay the final bills and accounts of the Decedent totaling $14,786.84, as follows:
[a] Decedent’s funeral bills and expenses in the amount of$l,257.84 paid to Barnes Friedrich Funeral Home;
[b] A personal loan in the amount of $12,771.00 paid to U.S. Claims; and
[ci Dr. Jason Leinen in the amount of $758.00.
THE COURT ORDERS that Plaintiffs counsel is authorized and directed to pay these final bills and accounts of the Decedent out of the wrongful death funds.
THE COURT FINDS that the attorneys’ fees of Plaintiffs counsel, James F. Self, Jr. with SELF & ASSOCIATES, INC., in the amount of 40% of the wrongful death funds (to be received both in cash and a structured annuity) and the litigation expenses in the amount of $56,858.64 incurred by counsel in the prosecution of the personal injury/wrongful death action are reasonable, necessary and fair and ARE HEREBY
APPROVED.
THE COURT ORDERS that the following future Periodic Payments will be made payable to the individuals named below, said Periodic Payments to be provided through a qualified assignment to MetLife Tower Resources Group, Inc., (Assignee), within the meaning of Section 130(c) of the Internal Revenue Code of 1986, as amended, and the issuance of annuity policies from Metropolitan Life Insurance Company, (Annuity Issuer), all as more fully described and in accordance with the terms and conditions of the Settlement Agreement And Release, which has been approved by the Court:
Payee: M. J. M., surviving minor daughter of Decedent (born in 1999);
$3,168.37 per month, guaranteed 10 years, beginning on October 16, 2017.
The final guaranteed payment will be due on September 16, 2027.
$75,000.00 guaranteed lump sum, payable on October 16, 2017.
$50,000.00 guaranteed lump sum, payable on October 16, 2027.
Payee: E. G. I. M., surviving minor daughter of Decedent (born in 2008)
$4,980.00 per month, guaranteed 10 years, beginning on November 21, 2026.
The final guaranteed payment will be due on October 21, 2036.
$75,000.00 guaranteed lump sum, payable on November 21, 2026.
$50,000.00 guaranteed lump sum, payable on November 21, 2036..
THE COURT ORDERS the Personal Representative, the parents and next friends of the Decedent’s minor children and the surviving mother of the Decedent are authorized and directed to execute any and all releases, checks, annuity agreements, or other settlement documents necessary to consummate and finalize the foregoing settlements and to do all acts incidental thereto.
11 IS HEREBY ORDERED that upon funding the settlement structures and fully paying the sums agreed upon, the Plaintiff will execute a full release and discharge of the Defendants, THOMAS ALEXANDER FABRI, and SERVICE EXPERTS, INC., d/b/a GORDON’S SERVICE EXPERTS, a/k/a SERVICE EXPERTS HEATING AND AIR CONDITIONING, LLC, and PEERLESS INDEMNITY INSURANCE COMPANY d/b/a AMERICA FIRST
INSURANCE.
IT IS FURTHER ORDERED that after consummation and finalization of all necessary settlement documents, the Plaintiff shall file in this action, a dismissal of all Defendants with
prejudice.

Plaintiff's Experts:

Defendant's Experts:

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