Date: 06-23-2013

Case Style: Margie Owens v. The Estate of William Baggett

Case Number: CJ-2011-59

Judge: Jana Kay Wallace

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Bradley Harold Mallett, Sean Burrage, Mark Ramsey, Clint Russell

Defendant's Attorney: Christopher C. King and Bradley E. Bowlby

Description: Margie Owens sued The Estate of William Baggett on an auto negligence theory claiming:

1. Plaintiff Margie Owens individually and as parents and next friend of Hannah Owens, a minor are an individuals residing in Atoka, County, Oklahoma.

2. Defendant William Baggett was an individual who resided in Antlers, Pushmataha County, Oklahoma.

3. The automobile accident which is the subject of this lawsuit occurred in Pushmataha County, Oklahoma. Therefore, jurisdiction and venue are properly before this Court

4. On or about October 2, 2009, Hannah Owens was a passenger in a vehicle which was negligently struck on the side by a vehicle driven by Defendant William Baggett.

5. As a result, Hannah Owens sustained injuries resulting in medical bills, pain and suffering in the past and future, and the need for future medical treatment, all in excess of $10,000.00.

6. As a direct and proximate result of the Defendant’s negligence, the Plaintiff suffered and continues to suffer the following injuries and damages:

a. Medical expenses in the past and future;

b. Physical pain and mental anguish in the past and future;

c. Permanent injury;

WHEREFORE, premises considered, Plaintiff prays forjudgment against the Defendant in an amount exceeding $10,000.00, together with interest, costs and attorney fees and for such other and further relief as this Court deems necessary, equitable and proper.

Defendant filed a motion to dismiss.

Outcome: NOW on this 7 day of ,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:

That on October 2, 2009, the parties hereto were involved in an automobile accident. That as a result of the automobile accident the minor child, Hannah Owens, 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. The Court finds that Margie Owens is the proper party to act on behalf of the minor child, Hannah Owens, and that she is competent and hereby appointed guardian ad litem.

The Court finds that a compromise agreement has been reached wherein The Estate of William Baggett, on behalf of William Baggett, now deceased, and his liability insurance carrier, State Farm Mutual Automobile Insurance Company, have offered to pay to Margie Owens, individually, the sum of Four Thousand One Hundred Fifty-Three and 65/lOOths Dollars ($4,153.65), representing her claim for all necessary and incidental expenses, past and future, incurred or to be incurred because of the alleged injuries to the minor child, Hannah Owens, and for loss of love, services and affection of the minor child, due to said alleged injuries.

Further, The Estate of William Baggett, on behalf of William Baggett, now deceased, and his liability insurance carrier, State Farm Mutual Automobile Insurance Company, has offered to pay to Hannah Owens, by and through Margie Owens, her parent and next friend, the sum of Four Thousand Three Hundred Forty-Six and 35/1 OOths Dollars ($4,346.365), representing 11111 payment for pain and suffering, both past and future, permanent disability, disfigurement 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.

The Court finds that the Plaintiffs have reached an informed decision to waive the right to trial by jury. That she is fully aware of the consequences of settlement of this matter and is aware that once the Court approves this settlement, and the settlement proceeds have been paid, that Hannah Owens, minor child, and Margie Owens, 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.

The Court finds that the parties have agreed, and the Court so orders that Margie Owens, individually, shall pay any and all outstanding medical bills, liens, attorneys’ fees, and all other claims made against the settlement proceeds, and shall indemnify The Estate of William Baggett, on behalf of William Baggett, now deceased, and any other person or entity who might meet the definition of an “insured” under his policy of liability insurance with State Farm Mutual Automobile Insurance Company, from any further loss, as set out in the Petition herein.

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.

The Court finds that Bradley H. Mallett, as attorney for the injured minor child and the parent and next friend, is entitled to receive an attorney’s fee in the sum of One Thousand Eighty- Two and 43/I Ooths Dollars ($1,082.43) for his representation of Hannah Owens, to be taken out of the settlement received by Margie Owens. The Court finds that said fee is reasonable and is hereby approved.

The Court finds and hereby orders that the proposed settlement, as set forth above in the Application, should be and is hereby approved, and upon payment of the settlement proceeds, The Estate of William Baggett, on behalf of William Baggett, now deceased, and any other person or entity who might meet the definition of an “insured” under his policy of liability insurance with State Farm Mutual Automobile Insurance Company shall be deemed to be released from any and all flirther liability to the other parties as a result of the herein.

Plaintiff's Experts:

Defendant's Experts:

Comments: