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Date: 07-03-2013

Case Style: Tinesha Bruner v. Jenks Public School District No. 5 d/b/a Jenks Public Schools

Case Number: CJ-2012-192

Judge: Daman H. Cantrell

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Richard A. Pizzo

Defendant's Attorney: Eric Duaine Janzen and Tracy Lee Priddy

Description: Tinesha Bruner sued the Jenks Public School District No. 5 d/b/a Jenks Public Schools on a governmental tort claim auto negligence theory under 51 O.S. 151, et seq. claiming:

1. That the plaintiffs are residents of Tulsa County, State of Oklahoma.

2. That the Defendant, Jenks Public Schools District #5, is a government entity doing business in Tulsa County, State of Oklahoma.

3. That all the acts and occurrences that arose out of an automobile accident occurred on the 23rd day of September, 2011 at East 9i Street and South Harvard Avenue in Tulsa County, State of Oklahoma.

4. That this Court has jurisdiction and venue over this subject matter and parties involved.

5. That as a result of the negligence of defendant, plaintiffs were injured andgtinLto suffer from physical injuries as a direct result of the negligence of the defend&,t. Wat plaintiffs’ injuries are the direct and proximate result of the negligence of the defendant.

6. That as a result of the negligence of defendant, plaintiffs have incurred medical costs.

7. That as a result of the negligence of defendant, plaintiffs have sustained damages in excess of seventy-five thousand dollars ($75,000.00).

WHEREFORE, premises considered, the plaintiffs pray for judgment against the Defendant for damages in an amount in excess of seventy-five thousand dollars ($75,000.00), together with interest, costs, attorney’s fees and any and all other relief the Court deems just and proper.

Jenks Public Schools appeared and answered as follows:

I) The Defendant is without sufficient information or belief to either admit or deny the allegations in numerical paragraphs 1, 3, 6, and 7 of the Plaintiffs’ Petition and demands strict proof of same.

2) The Defendant admits the allegations in numerical paragraphs 2 and 4 of the Plaintiffs’ Petition.

3) The Defendant denies the allegations in numerical paragraph 5 of the Plaintiffs’ Petition.

4) The Defendant denies each and every other allegation in all other causes of action heretofore controverted.


Motion For Court Approval of Settlement With Minor

On or about September 23, 2011, the minor, Adam Caman Pearson, was a passenger in an automobile driven by Tinesha Bruner involved in an accident with a Jenks bus, wherein he sustained minor injuries. At the time of the accident, Jenks Public Schools held a policy of automobile liability insurance with National American Insurance Company (“NAICO”). As a result of the incident, the minor by and through Tinesha Bruner, his natural mother, has asserted claims against the Defendant, Jenks Public Schools. Tinesha Bruner is the natural mother of the minor and pr en appears to assert the minor’s claims for damages and expenses sustained arising out of the m s injuries.

The Court finds that the compromise agreement reached herein is as follows: NAICO has agreed to pay to Plaintiff a sum certain in the amount of TWO THOUSAND DOLLARS AND NO/100 ($2,000.00), on behalf of Jenks Public Schools. This amount represents payment for necessary and incidental expenses, past and future, incurred or to be incurred as a result of the injuries to the minor Petitioner and for pain and suffering, both past and future, permanent disability, disfigurement, and any other claim said minor may have now, or which may arise in the future, known or unknown, resulting from the said accident.

Tinesha Bruner is aware and understands she will be required to pay any outstanding medical bills, hospital liens, physician’s liens, insurance subrogation claims and/or any other claims from the proceeds of this settlement. She is aware that a lien from the Oklahoma Health Care Authority in the amount of $2 11.99 must be satisfied from the proceeds of this settlement.

Tinesha Bruner believes that the settlement distribution is equitable and in the best interest of her minor child. Tinesha Bruner further represents she was not forced or coerced into accepting the settlement offer from Defendant, its representatives or counsel. Tinesha Bruner has formed her opinion with regard to this settlement on behalf of her minor child, Adam Caman Pearson, based upon her own independent beliefs and thoughts.

Tinesha Bruner is aware that this settlement and distribution fully compromises and concludes the claims on behalf of Adam Caman Pearson with respect to this Defendant and its insurance carrier, NAICO, and that the injured minor and Tinesha Bruner, as natural mother of Adam Caman Pearson, a minor, or any other person(s) will not be able to seek further compensation from Defendant Jenks Public Schools or its carrier, should the minor’s conditions change, or new injuries develop or be discovered at a later time.

Tineshsa Bruner is also aware that by settling the case, she is giving up her rights and those of her minor child to pursue the civil action filed against Defendant Jenks Public Schools. Tinesha Bruner is also aware that the minor, Adam Caman Pearson would otherwise have the right to file his own civilaction for his damages up to one year following the date the minor reached the age of majority. If such civil actions were pursued, Tinesha Bruner is aware that a jury may award either greater or lesser damages than those received in this settlement and distribution of settlement funds. Having been made aware of these rights, Tinesha Bruner desires to waive these rights and proceed to request approval of this settlement.

WHEREFORE, the parties pray that the Court enter its Order approving the settlement along with any and all other matters as required by law.


Outcome: Plaintiff, Tinesha Bruner, individually and as natural mother of Adam Caman Pearson, hereby dismisses this action against Defendant, Jenks Public Schools, with prejudice to refiling.

Plaintiff's Experts:

Defendant's Experts:

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