Date: 07-23-2012

Case Style: Miguel Andrews v. Geroge Lawton Monroe

Case Number: CJ-2011-8719

Judge: Roger H. Stuart

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Mikel Flores, .Mikel Flories & Associates, P.C., Oklahoma City, Oklahoma

Defendant's Attorney: William D. Pettigrew, Oklahoma City, Oklahoma

Description: COMES NOW the Plaintiffs, by and through their attorney of record, Mikel W. Flores, and for their causes of action against the Defendant, George Lawton Monroe allege and state as follows:

1. Plaintiff Miguel Andrews is a resident of Oklahoma County, State of Oklahoma.

2. Plaintiff Funisha Cochren, individually and as parent and next friend of Jaquan Andrews, a minor and Monterio Andrews, a minor is a resident of Oklahoma County, State of Oklahoma.

3. Defendant, George Lawton Monroe, at the time of the accident was a resident of Oklahoma County, State of Oklahoma.

4. That on or about the I 7th day of July, 2011, on a public street in Oklahoma County, in the City of Oklahoma City, State of Oklahoma, known as Southeast 59th Street and Douglas Boulevard, the Defendant, George Lawton Monroe did willfully, recklessly andlor negligently operated a motor vehicle causing a collision with the vehicle driven by Plaintiff, Miguel Andrews.

5. That the resulting physical injuries to the Plaintiffs were caused by the negligence of the Defendant, George Lawton Monroe, in that he failed to exercise due care in operating a motor vehicle.

6. By reason of the negligence of the Defendant, George Lawton Monroe, the Plaintiffs, have sustained actual physical injuries.

7. By reason of the negligence of the Defendant, George Lawton Monroe the Plaintiffs, Miguel Andrews and Funisha Cochren individually and as parent and next friend of Jaquan Andrews, a minor and Monterio Andrews, a minor, have endured pain, suffering, lost wages, and mental anguish and is entitled to compensation in an amount in excess of $75,000.00.

WHEREFORE, Plaintiffs, Miguel Andrews and Funisha Cochren, individually, and as parent and next friend of Jaquan Andrews, a minor and Monterio Andrews, a minor demands judgment against the Defendant, George Lawton Monroe in an amount in excess of $75,000.00, for actual damages plus interest set at the statutory level, for costs of this action, for attorney’s fees and costs together with interest and any further relief the court deems equitable, just and available to Plaintiff by law.

ANSWER OF DEFENDANT

COMES NOW the Defendant GEORGE LAWTON MONROE, by and through counsel, who generally denies each and every claim and allegation as contained in Plaintiffs’ Petition except as more specifically set forth herein:

1. The Defendant is without sufficient knowledge or infonnation to admit or deny those claims and allegations contained in paragraph I of Plaintiffs’ Petition and therefore demands strict proof thereof.

2. The Defendant is without sufficient knowledge or infonnation to admit or deny those claims and allegations contained in paragraph 2 of Plaintiffs’ Petition and therefore demands strict proof thereof

3. The Defendant is without sufficient knowledge or information to admit or deny those claims and allegations contained in paragraph 3 of Plaintiffs’ Petition and therefore demands strict proof thereof.

4. The Defendant admits that an accident took place on the date and near the location listed in Paragraph 4 of Plaintiffs’ Petition. The Defendant is without sufficient knowledge or information to admit or deny those remaining claims and allegations contained in paragraph 4 of Plaintiffs’ Petition and therefore demands strict proof thereof.

5. The Defendant is without sufficient knowledge or information to admit or denythose claims and allegations contained in paragraph 5 of Plaintiffs’ Petition and therefore demands strict proof thereof.

6. The Defendant is without sufficient knowledge or information to admit or deny those claims and allegations contained in paragraph 6 of Plaintiffs’ Petition and therefore demands strict proof thereof.

7. The Defendant is without sufficient knowledge or information to admit or deny those claims and allegations contained in paragraph 7 of Plaintiffs’ Petition and therefore demands strict proof thereof. For ffirther answer and defense the Defendant states as follows:

First Affirmative Defense

The negligence if any of the parties and any relevant non-parties will be developed during discovery and the Defendant specifically reserves the right to plead defenses as to contributory and comparative negligence at the time of pretrial.

Second Affirmative Defense

Whether the Plaintiff suffers from any preexisting or post-arising medical condition will be developed during discovery and the Defendants specifically reserve the right to plead those defenses at the time of pretrial.

Third Affirmative Defense

Whether PlaintifTh have acted to mitigate their damage claims will be developed during discovery and the Defendant specifically reserves the right to plead that defense at the time of pretrial.

Fourth Affirmative Defense

Settlement, Accord and Satisfaction, Wavier and Release.

WHEREFORE, PREMISES CONSIDERED Defendant prays that the action against him be dismissed and he be awarded costs such as the court may determine is just.

Outcome: ORDER APPROVING SETTLEMENT And ORDER FOR DEPOSIT

NOW, ON THIS 21st DAY OF June, 2012, this matter comes on for consideration of the parties’ Joint Application for Court Approval of Settlement, and Order for Deposit. The Plaintiffs appear in person and the Defendant appears through counsel of record, William D. Pettigrew. The Court, having reviewed the stipulations and considering the evidence presented on the record, finds as follows:

1. On or about July 17, 2011, at S.E. 59th Street and Douglas Boulevard, Oklahoma City, Oklahoma County, Oklahoma, the minor children were injured in an automobile accident.

2. That MIGUEL ANDREWS and FUNISHA COCHREN, are the biological Parents and Next Friend of the minor children JAQUAN ANDREWS and MONTERIO ANDREWS.

3. As a result of the accident, the minor Plaintiffs required medical attention, and the minor Plaintiffs parents incurred certain expenses for the care of the minor Plaintiffs.

4. Non-Party United Services Automobile Association (USAA) issued a policy of insurance covering this loss.

5. The parties have reached a compromise settlement whereby the Plaintiffs agree to release and discharge Defendant George Lawton Monroe, Paul L. Monroe and United Services Automobile Association (USAA) from any and all claims arising from the accident, in exchange for the total payment to the minor Plaintiff JAQUAN ANDREWS in the amount of Seven Thousand Dollars ($7,000.00) and in exchange for the total payment to the minor Plaintiff MONTERTO ANDREWS in the amount of One Hundred Thousand Dollars ($100,000.00).

6. The settlement proceeds shall be distributed as follows:

Gross Settlement Amount JAQUAN ANDREWS $7,000.00

Okia Health Care Authority $896.67

Mikel Flores & Associates $2,369.04

From the settlement as set forth in ¶ 6 above, $3,734.29 will be paid on behalf of JAQUAN ANDREWS to an annuity with New York Life Insurance Company with Guaranteed Payments as follows:

Payable to Jaquan Andrews (DOB 7/11/2000):

$3,877.36 in a guaranteed lump sum on 7/11/2018 (age 18).

Gross Settlement Amount MONTERIO ANDREWS $100,000.00 Okla Health Care Authority $6.38 1.79

Mike! Flores & Associates $33,478.65

From the settlement as set forth in ¶ 6 above, $60,139.56 will be paid on behalf of MONTERIO ANDREWS to an annuity with New York Life Insurance Company with Guaranteed Payments as follows:

Payable to Monterio Andrews (DOB 7/6/2005):

$10,000 in a guaranteed lump sum on 7/6/2023 (age 18).

$17,000 in a guaranteed lump sum on 7/6/2026 (age 21).

$25,000 in a guaranteed lump sum on 7/6/2028 (age 23).

$40,764.44 in a guaranteed lump sum on 7/6/2030 (age 25).

7. Plaintiffs shall pay all medical bills and liens not otherwise listed above and shall be charged with discharging all rights of subrogation or indemnification asserted by any third party. The parties agree that the payment made in accordance with this compromise settlement shall not be construed as an admission of liability on the part of the Defendant, but rather is paid in compromise of a disputed claim in order to avoid further litigation.

8. The parties enter into this agreement of their own free will and they believe the agreement to be just and fair.

9. The Parents and Next Friends of the a minor children, are aware that by asking the Court to approve this settlement that they waive the minors’ right to trial by jury. They are aware that each minor, has until one year beyond their eighteenth birthday to bring suit against Defendant as to the claims against him. They freely, knowingly, and voluntarily asks the Court to approve their waiver of these rights on behalf of the minor children.

10. The Court finds that this settlement is in the best interest of the minor children and each Parent and Next Friend agrees with the Court’s ruling in this regard.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that the Order Approving Settlement and Order for Deposit filed by the parties to this action should be and the same is hereby granted, and this Court approves the terms of the settlement agreement as set out herein.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that the funds on deposit with the above identified Bank in this case shall be held for the minor child and that no withdrawal shall be made or allowed without further order of the Court or until the minor presents 2 forms of ID indicating that they have reached their 8°’ birthday. This Order binds all providers, Parents, Guardians, the Bank, it’s employees, officers, assigns and successors.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that the claims of the minor Plaintiffs are DISMISSED WITH PREJUDICE.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that the Probate Division of this Court retain jurisdiction over the settlement funds pursuant to 12 O.S. § 83, until the minor reaches their 18°’ birthday.

Plaintiff's Experts:

Defendant's Experts:

Comments: