Case Style: Yok Fong Paat v. Government Employees Insurance Company
Case Number: CJ-2012-1213
Judge: Tom A. Lucas
Court: District Court, Cleveland County, Oklahoma
Plaintiff's Attorney: William Earl Woodson
Description: Yok Fong Paat, individually ans a Mother and Next Friend of Nathan Myers,a minor, sued Government Employees Insurance Company claiming:
1. This action arises out of an incident that occurred on Saturday, February 11, 2012, in the State of Oklahoma.
2. Plaintiff Yok Fong Faat is the parent and next friend of minor Nathan Myers.
3. As a result of the incident referred to in Paragraph I, the nunor plaintiff suffered injuries to his body. In addition, the plaintiff, Yok Fong Paat, is obligated to pay medical expenses incurred to date by the minor plaintiff and will incur additional medical expenses in the future.
4. At the time of the automobile accident Nathan Myers was covered tinder a policy of insurance issued to Richard Myers by Government Employees Insurance Company (GEICO) with provisions for uninsured/underinsured motorists benefits from which Yok Fong Faat, individually and as parent and next friend of Nathan Myers, is entitled to recover.
5. At the time of the automobile accident Nathan Myers was covered under a policy of insurance issued to Yolc Fong Paat by AAA with provisions for uninsured/underinsured motorist benefits from which Yok Fong Paat, individually and as parent and next friend of Nathan Myers, is entitled to recover.
Defendant, GEICO has offered to settle this matter for Twenty Five Thousand and No/100 Dollars ($25,000.00) and Defendant AAA has offered to settle this matter for Fifty Thousand and No/tOO Dollars ($50,000.00), for a total settlement of Seventy Five Thousand and No/I 00 Dollars ($75,000.00).
7. Plaintiff Parent has considered and evaluated the pertinent facts regarding this incident and the injuries incurred, and believe that the proposed settlement is in the best interests of the minor, and fully understands that once the compromised settlement is approved by this Court and consummated, Plaintiffs will be forever barred from seeking further recovery from the defendants, even though the injuries might be worse or more serious in the future than now believed. -
WHEREFORE, the Plaintiff, and said Defendants, respectfully request this Court to approve the settlement agreement as set forth in the above paragraphs between Plaintiff and Defendants and further respectfully request the court to order the claims of the Plaintiff dismissed with prejudice.
Defendant answered as follows:
1. Defendant GEICO is unable to admit or deny the allegations contained in Plaintiffs Petition.
2. The parties have entered into a settlement agreement to resolve the claims of the Plaintiffs in the total amount of Seventy Five Thousand and No/100 Dollars ($75,000.00) in exchange for a dismissal with prejudice and the plaintiffs executing a release of all claims. Because the claims involve a minor child, the Defendant GEICO requests a hearing for Court Approval of said settlement.
WHEREFORE, Defendant GEICO prays that the Court enter an order approving the settlement agreement between the Plaintiffs and the Defendants in the total amount of Seventy Five Thousand and No/100 Dollars ($75,000.00). The Defendant also moves that upon approval of the settlement that this case be dismissed with prejudice.
Outcome: COMES NOW Plaintiff, Yok Fong Paat, individually and as parent and next friend of Nathan Myers, a minor, by and through their attorney of record, William E. Woodson, and dismiss the above-styled action against Defendants Government Employees Insurance Company and AAA, with prejudice to re-filing.