Date: 04-07-2013

Case Style: Jameko Mathies v. Gatra Miller

Case Number: CJ-2011-2535

Judge: Daman H. Cantrell

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Robert L. Rode, Jesse L. Fettkether and David C. Bean

Defendant's Attorney: Harry A. Parrish

Description: Jameko Mathies sued Gatra Miller on an auto negligence theory claiming to have been injured in a car wreck caused by Miller that occurred in Tulsa County, Oklahoma.

The case settled and the Plaintiff filed a motion to allocate the settlement funds:

1. That on June 4, 2009, Plaintiff was injured in a motor vehicle accident allegedly caused by the negligence of Gatra Miller, who was insured under a liability insurance policy issued by Safeco Insurance Company.

2. That this action was filed on May 4, 2011, by attorney Hansen Dirani, but Plaintiff subsequently retained Rode Law Firm on a 50% contingency fee contract to complete all claims and further litigate the case and effectuate any and all recoveries resulting from his injuries.

3. That Rode Law Firm and Safeco Insurance Company have reached a settlement agreement wherein Safeco has agreed to tender the sum of $3,483.00 for a full and final settlement of Plaintiff’s claim.

4. That the $3,483.00 is insufficient to compensate Rode Law Firm its lien for attorney fees and costs in the amount of $1,741 .00, and is insufficient to compensate all medical providers and any other entities with liens and/or balances or claims in excess of $95,000.00 against the sum.

5. That Rode Law Firm is entitled to receive the amount of $1,741.00 in compensation for its lien for attorney’s fees and costs, and the following medical providers and entities with existing claims are entitled to receive pro rata shares from the remaining balance of $1,742.00; EMSA, Hillcrest Medical Center, Walgreen’s Pharmacy, Saint Francis Hospital, OR Group, Beeler Chiropractic, Diagnostic Imaging, Lab Medicine of Greater Tulsa, Redbud Physical Therapy, Tulsa Diagnostic Imaging, Associated Anesthesiologists, Harvard Medical Clinic, Oklahoma Neurosurgical Associates.

WHEREFORE, Plaintiff requests that this Court award Rode Law Firm the sum of$1,741.00 in compensation for its lien for attorney fees and costs, and award all providers and other entities with liens and/or outstanding claims pro rata shares from the balance of $1,742.00.

Outcome: Settled for $3,483.00 and dismissed with prejudice

Plaintiff's Experts:

Defendant's Experts:

Comments: