Date: 01-13-2013

Case Style: Darla Lewis v. Pamela Swatzell

Case Number: CJ-2011-5516

Judge: Daman H. Cantrell

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Chris Knight

Defendant's Attorney: Keith B. Bartsch and Mark W. Maguire

Description: Darla Lewis, as a guardian of Justice Edwards, sued Pamela Swatzell on an auto negligence theory claiming that Edwards was injured in a car wreck caused by Swatzell that occurred in Tulsa County, Oklahoma.

The claims made by the Plaintiff are not available.

Defendant appeared and answered as follows:


This Defendant specifically denied the allegations contained in Paragraphs I and II of Plaintiffs Petition and demands strict proof thereof.

The allegations in Paragraph III of Plaintiffs Petition set forth Plaintiffs legal statements which are not proper and are not required to be responded to by this Defendant.

Defendant denied, both generally and specifically, each and every material allegation
contained therein and demands strict proof thereof, except that which may be hereinafter admitted.

This Defendant would state that Plaintiff has failed to state a claim against this Defendant upon which relief can be granted as to this Defendant.

For further answer and defense, this Defendant states that Plaintiff may have been guilty of contributory/comparative negligence to such an extent as to bar Plaintiffs recovery under the Oklahoma law of contributory/comparative negligence.

This Defendant would specifically deny that the alleged injuries and damages claimed by Plaintiff are the direct and proximate result of this motor vehicle accident and demands strict proof thereof at the time of trial,

This Defendant hereby pleads any and all affirmative defenses available to her under the Oklahoma Pleading Code, now or which may hereinafter be applicable.

This Defendant specifically reserves the right to plead additional defenses, delete or modi& defenses plead, upon the completion of discovery or as facts waif ant.

WHEREFORE, having answered Plaintiffs Petition, this Defendant requests judgment in her favor and against the Plaintiff, for her costs and attorney’s fees incurred, and any other and further relief the Court deems just and equitable.

Court Order Approving Settlement Agreement with A Minor

NOW on this 13th day of January, 2013, this matter coming on before me, the undersigned Judge of the District Court, and having heard testimony of witnesses sworn and statement of counsel and being fully advised in the premises herein, finds as follows:

1. That on the 29th day of February, 2008, the parties hereto were involved in an automobile accident. That as a result of the automobile accident, the minor child, Justice Nicole Edwards ,was allegedly injured, and a claim has arisen that is disputed both as to the liability and damages. The parties have reached a compromise agreement, and have requested that the Court approve the settlement.

2. On hearing testimony from Plaintiff Lewis, the Court finds that Plaintiff Dana Jean Lewis, biological mother and guardian of the minor, Justice Nicole Edwards, is the sole living parent of said child. The Court further finds the minor’s Birth Certificate, issued by the State of Kansas, does not identify the father, and Plaintiff Lewis avers the putative father, Ricky Lockett, was deceased in Kansas City, Kansas, six (6) months before minor Justice Nicole Edwards’ birth, Plaintiff Lewis has no information as to Mr. Lockett’s living relations. (Copy of the subject minor’s Birth Certificate, is attached hereto as “Exhibit 1”).

3. On hearing testimony from Plaintiff Lewis, the Court finds that the minor’s putative father, Ricky Lockett, was never a custodial parent or legal guardian of minor Justice Nicole Edwards, is deceased, and neither he nor his estate have made any claim in the instant cause, or contributed funds towards the medical expenses claimed on behalf of said minor.

4. The Court finds that Darla Jean Lewis is the proper party to act on behalf of the minor child, Justice Nicole Edwards, and that she is competent and is hereby appointed guardian ad litem.

5. The Court finds that the estate of the minor’s putative father, Picky Lockett,
deceased, has no right or interest in any of the settlement proceeds being paid to Darla Jean Lewis on behalf of the claims of the minor, Justice Nicole Edwards.

6. The Court finds that a compromise agreement has been reached wherein Pamela Swatzell and her liability insurance carrier, State Farm Mutual Automobile Insurance Company, have offered to pay to Dana Jean Lewis, individually, the sum of FIVE THOUSAND THREE HUNDRED AND NO/l00’s DOLLARS ($5,300.00). From said funds, $3,809.53 is paid for the medical expenses incurred to treat Minor, Justice Nicole Edwards’, alleged injuries, of which $249.53 is the subrogation interest of the Oklahoma Health Care Authority and; the sum of $1,073.48, for her attorneys fees and costs, of which $656.50 are costs, representing her claims for all necessary and incidental expenses, past and future, incurred or to be incurred because of the alleged injuries to the minor child, Justice Nicole Edwards, and for loss of love, services and affection of the minor child, Justice Nicole Edwards, due to said alleged injuries.

7. Further, Pamela Swatzell and her liability insurance carrier, State Farm Mutual Automobile Insurance Company have offered to pay to minor Justice Nicole Edwards, by and through her parent and next friend, Darla Jean Lewis, the remainder of the $5,300.00 settlement amount, to wit, FOUR HUNDRED SIXTEEN AND 99/100 DOLLARS ($416.99), representing full payment for pain and suffering, both past and future, permanent disability, disfigurement, attorneys fees and costs, and any other claim the minor child may have now, or which may arise in the future, known or unknown, resulting from the said accident.

8. The Court finds that the Plaintiff, Dana Jean Lewis, has reached an informed decision to waive the right to trial byjury. That she is fully aware of the consequences of settlement of this matter and are aware that once the Court approves this settlement, and the settlement proceeds have been paid, that Justice Nicole Edwards, a minor, and Darla Jean Edwards, individually, and as parent and next friend, shall be forever barred from making any additional claims as a result of the subject accident, even if the medical condition of the minor child does not progress as presently anticipated or shall unexpectedly change for the worse after this settlement.

9. The Court finds that the parties have agreed, and the Court so orders that Dana Jean Lewis, individually, shall pay any and all outstanding medical bills, liens, attorneys’ fees, and all other claims made against the settlement proceeds, and shall indemnify Pamela Swatzell and any other person or entity who might meet the definition of an “insured” under Pamela Swatzell’ s policy of liability insurance with State Farm Mutual Automobile Insurance Company, from any further loss, as set out in the Petition herein.

10. The Court has heard testimony as to the medical condition and prognosis of the minor child, and as to the other elements of damage and liability in the case, and finds that the settlement agreement is fair, equitable, and in the best interest of the minor child. That it was entered into free from fraud, coercion, and duress by either of the parties, their agents, insurers, or attorneys. Said agreement is hereby approved by the Court.

11. The Court finds and hereby orders that the proposed settlement, as set forth above, should be and is hereby approved, and upon payment of the settlement proceeds, Pamela Swatzell and any other person or entity who might meet the definition of an “insured” under her policy of liability insurance with State Farm Mutual Automobile Insurance Company shall be deemed to be released from any and all further liability to the other parties as a result of the automobile accident described herein.

Outcome: Settled for $5,300.00 and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: