Date: 07-05-2012

Case Style: Mariamma Kurian v. Grace Joy

Case Number: CJ-2012-2615

Judge: Mark Barcus

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Pro se

Defendant's Attorney: Bart A. Chancellor, Law Offices of Michael H. Githens, Oklahoma City, Oklahoma

Description: COMES NOW the Plaintiffs, James Idiculla and Mariamma Kurian, Individually and as Parents and Next Friends of Jayme James and Jeslin Edakkalloor minor children and Defendant Grace Joy, and make )oint application to this Court for an Order approving settlement among the parties and for an Order dismissing with prejudice the claims of Plaintiffs In support of their Application, the parties stipulate as follows:

1. This action arises out of an incident that occurred on Sunday, August 15, 2010, in the State of Oklahoma.

2. Plaintiffs James Idiculla and Mariamma Kurian are the parents and next friends of the minors.

3. As a result of the incident referred to in Paragraph 1, the minor plaintiff, Jayme James suffered injuries to her body and the minor plaintiff. Jeslin Eddakkalloor suffered injuries to her body. In addition, the plaintiffs, James Idiculla and Mariamma Kurian, are obligated to pay medical expenses incurred to date by the minor plaintiffs and will incur additional medical expenses in the future.

4. Defendant has offered to settle this matter for Five Thousand Dollars ($5,000.00) for Jayme James and Forty Thousand Dollars ($40,000.00) for Jeslin Edakkalloor.

5. Plaintiff Parents have 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 minors, 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 defendant, even though the injuries might be worse or more serious in the future than now believed.

WHEREFORE, the Plaintiffs, and said Defendant, respectfully request this Court to approve the settlement agreement as set forth in the above paragraphs between Plaintiffs and Defendant and further respectfully request the court to order the claims of the Plaintiffs dismissed with prejudice.

Outcome: FOR DEPOSIT/DISTRIBUTION OF SETTLEMENT PROCEEDS
NOW on this 5th day of July, 2012 Plaintiffs, James Idiculla and ariarnma Kurian, individually and as Parents and Next Friends of Jayme James. mihor, appear in person, and Defendant Grace Joy appears by and through counsel, Bart
A. Chancellor.

ORDER APPROVING SETTLEMENT

1. The Court having reviewed the file and having heard testimony of witnesses sworn and having been fully apprised of the facts, finds that the total settlement amount of Five Thousand Dollars ($5,000) to be paid on behalf of the minor child, Jayme James, is fair and reasonable and in the best interest of the minor child, and that Grace Joy should be released from further liability arising of the events alleged in the above styled matter.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the total settlement amount of Five Thousand Dollars ($5,000) on behalf of the minor child, Jayme James, is hereby approved, and Grace Joy is released from further liability to for any cause of action arising out of this accident.

ORDER FOR DEPOSIT/DISTRIBUTION OF SETTLEMENT PROCEEDS Pursuant to 120.8. §83, the Court orders:

2. Check or draft in the sum of $5,000.00, for the benefit of the minor Plaintiff shall be deposited in a trust account for the benefit of the minor child at Tulsa Teachers Credit Union and shall only be withdrawn from said depository by order of the Court authorizing the withdrawal or upon the said minor child attaining eighteen years of age.

3. It is directed that Plaintiffs James Idiculla and Mariamma Kurian, shall have the responsibility of delivering a copy of this Order to the above-designated depository at the time the deposit is made.

4. This case is hereby transferred to the Probate Division of the District Court of Tulsa County for supervision purposes.

Plaintiff's Experts:

Defendant's Experts:

Comments: