Date: 10-11-2012

Case Style: Michael Bell, Sr. v. Kenneth Barnett

Case Number: CJ-2011-4972

Judge: Jefferson D. Sellers

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Daniel B. Graves and Rachel E. Gusman

Defendant's Attorney: Gregory Don Nellis and Keith B. Bartsch

Description: Michael Bell, Sr. and Haniyyah Bell sued Kenneth Barnett and Fedex Ground Package System, Inc. on auto negligence and respondeat superior theories claiming to have been injured or damaged in a car truck wreck caused by Barnett.

COURT ORDER APPROVING SETTLEMENT AGREEMENT WITH MINORS

The minor plaintiffs, Michael Henry Bell, Jr., Mack Henry Bell, II and Truth Victory Bell, were involved in an automobile accident on November 13, 2008, and as a result thereof, the minor plaintiffs received medical care and have made claims against the Defendants. These claims disputed as to liability and damage.

The Plaintiffs, Michael Bell, Sr. and Haniyah Bell, are the parents of the minor children, custodial parents, and the proper parties to act as next friends for said minors.

A compromise and settlement has been reached, wherein Defendants Kenneth Bamett and FedEx Ground Package System, Inc. have offered to pay to Michael Henry Bell, Jr., by and through his parent and next friend, Michael Bell, Sr., the sum of One Thousand Dollars ($1,000.00) in full and complete settlement of Plaintiff Michael Bell, Jr.’s claims against Defendants.

Further, Defendants Kenneth Barnett and FedEx Ground Package System, Inc. have offered to pay to Mack Bell, II, by and through his parent and next friend, Michael Bell, Sr., the sum of One Thousand Dollars ($1,000.00), in full and complete settlement of Plaintiff Mack Henry Bell, II’s claims against Defendants.

Further, Defendants Kenneth Barnett and FedEx Ground Package System, Inc. have offered to pay to Victory Truth Bell, by and through her parent and next friend, Michael Bell, Sr., the sum of Two Thousand Dollars ($2,000.00), in full and complete settlement of Plaintiff Truth Victory Bell’s claims against Defendants.

The Plaintiffs, Michael Bell, Sr. and Haniyah Bell, have reached an informed decision to waive the right to a jury trial in which the minor plaintiffs could receive more money, less money, or no money at all.
The Plaintiffs, Michael Bell, Sr. and Haniyah Bell, have been informed of the minors’ right to proceed on his/her own behalf after he/she reaches the age ofmajority or until the age of 19 years, and have reached an informed decision to waive the minor plaintiffs’ right to a jury trial.

The Plaintiffs, Michael Bell, Sr. and Haniyah Bell, are fully aware of the consequences of the settlement of this matter and are aware that once the Court approves this settlement, any and all claims of the parents in their individual capacities and any and all claims of the minors shall forever be barred.

The Plaintiffs, Michael Bell, Sr. and Haniyah Bell, have not been forced or coerced in any manner and choose to enter this settlement of their own free will and accord.

The Plaintiffs, Michael Bell, Sr. and Haniyah Bell, understand that the Defendants, their officers, employees and agents, shall be released from any and all liability to plaintiffs as a result of said incident.

The Plaintiffs, Michael Bell, Sr. and Haniyah Bell, the minors’ parents, are the proper persons to execute any documents on behalf of the minor plaintiffs, Michael Henry Bell, Jr., Mack Henry Bell, II and Truth Victory Bell, in relation to this proposed settlement and are the proper persons to receive funds paid pursuant to this settlement agreement for the benefit of the minors.

The Defendants shall distribute said Settlement Amount as follows, once the Court has approved the instant Settlement and the releases are exchanged:

1) To OHCA, Graves McLain, PLLC and Michael Bell, Sr., as parent and next friend of Michael Henry Bell. Jr.: Thirty Five and 82/100 Dollars ($35.82);

2) To Saint Francis Hospital, Heritage Medical Clinic, Graves McLain, PLLC and Michael
Bell, Sr., as parent and next friend of Michael Henry Bell, Jr.: Nine Hundred Sixty Four and
18/100 Dollars ($964.18);

3) To OHCA, Graves McLain, PLLC and Michael Bell, Sr., as parent and next friend of Mack Henry Bell, II: Ninety Nine and 99/100 Dollars ($99.99);

4) To Heritage Medical Clinic, Graves McLain, PLLC and Michael Bell, Sr., as parent and next friend of Mack Henry Bell, TI: Nine Hundred and 1/100 Dollars ($900.01);

5) To OHCA, Graves McLain, PLLC and Michael Bell, Sr., as parent and next friend of Truth Victory Bell: Six Hundred Twenty One and 83/1 00 Dollars ($621.83);

6) To Heritage Medical Clinic, Oklahoma Physical Therapy, Graves McLain, PLLC and
Michael Bell, Sr., as parent and next friend of Truth Victory Bell: One Thousand Three
Hundred Seventy Eight and 17/100 Dollars ($1,378.17);

The Court finds that settlement proceeds paid for the benefit of each minor, after deduction
of legal fees and costs and medical expenses arising from the subject accident are less than
$1,000.00, and therefore are not required to be deposited in a qualified trust account pursuant to 12
O.S. § 83.

WHEREFORE, premises considered, the Court does hereby approve the above Settlement
Agreement.

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: