Date: 09-16-2012

Case Style: Paul Richards v. Aleata June Prince

Case Number: CJ-2011-8002

Judge: Barbara G. Swinton

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Kirby Evans and Michael McBride

Defendant's Attorney:

Description: Paul Richards sued Aleata June Prince on an auto negligence theory claiming to have been injured and damages as a direct result of a car wreck caused by Prince.

MOTION TO DISTRIBUTE SETTLEMENT FUNDS

COMES NOW the Plaintiff, Paul Richards, through his attorney, Kirby Evans, and requests the Court to use its equitable powers to allocate funds collected as a result of a bodily injury claim among all entities who have an interest in the funds. In support thereof, the Plaintiff states:

1. On or about October 3, 2011, Plaintiff, Paul Richards was seriously injured in a vehicular collision allegedly caused by Aleata June Prince, within Oklahoma County, State of Oklahoma who was insured by a policy issued by USAA Casualty Insurance Company.

2. The Plaintiff retained counsel on a forty percent (40%) contingency fee plus costs contract to make all claims and effectuate all recoveries resulting from his injuries.

3. Counsel has a perfected attorney lien.

4. The Plaintiff and USAA Casualty Insurance Company had reached a settlement agreement wherein USAA Casualty Insurance Company agreed to tender the amount of $11,500.00.

5. That said $11,500.00 is insufficient to compensate Paul Richards for his injuries, is insufficient to compensate the Counsels for the Plaintiff attorney fees in the amount of $4,600.00 and court costs and other expenses in the amount of $230.66 , and is insufficient to compensate all other entities who have an interest in said sum:

6. The following medical providers thus allege to have claims against the sum in the amount and have been provided notice of this Motion to Distribute Funds amd the hearing date, via U.S Post, Certified Mail:

a. Oklahoma Emergency Services, PC $ 535.00 S/A Corporation Service Company 115 SW 89th St Oklahoma City, OK 73139

b. HCA Health Services of Oklahoma, Inc. dba OU Medical Center Edmond 11,246.00 S/A The Corporation Company 1833 SMorganRd Oklahoma City, OK 73128

c. Accident Care and Treatment Center, Inc. 2,655.89 S/A Joseph N Freund 3233 NW 63rd St Oklahoma City, OK 73116

d. Emergency Medical Services Authority 1,127.00 S/A Cynthia Stires 1111 Classen Drive

Oklahoma City, OK 73103, pursuant to 12 O.S. §2004(C)(1)(c)(5). Plaintiffs counsel has received notice via certified mail of Accident Care and Treatment Center, Inc.’s filed lien.

The Plaintiff requests the Court to use its equitable power in allocating the $11,500.00 by distributing Attorney’s fees and costs to Counsels for the Plaintiff in the amount of $4,830.66 and equitably distributing the remaining balance of $6,669.34 among all Defendants and the Plaintiff in compensation for his pain and suffering. 7. All persons or entities known to the Plaintiff have been given notice of this Motion and hearing date.

WHEREFORE, premises considered, the Plaintiff prays the Court use its equitable power in distributing the $11,500.00 among all those individuals with claims against said funds including the Plaintiff, his counsel and the medical provider Defendants.

Outcome: Settled for $11,500.00.

Plaintiff's Experts:

Defendant's Experts:

Comments: