Date: 07-24-2012

Case Style: Curtis Tonemah v. Geico General Insurance Company

Case Number: CJ-2012-3051

Judge: Barbara G. Swinton

Court: District Court, Oklahoma 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 Plaintiff, Curtis Tonemah, Individually and as Parent and Next Friend of Ethan Tonemah and Allison Tonemah, minor children and Defendant GEICO General Insurance, and make joint 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 Saturday, October 16, 2010, in the State of Oklahoma.

2. Plaintiff Curtis Tonemah is the parent and next friend of minor children, Ethan Tonemah and Allison Tonemah.

3. As a result of the incident referred to in Paragraph 1, the minor plaintiffs suffered injuries to their bodies. In addition, the plaintiff, Curtis Tonemah 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 Ethan Tonemah and Allison Tonemah were covered under a policy of insurance issued to by GEICO General Insurance Company with provisions for uninsured/underinsured motorists benefits from which Curtis Tonemah, Individually and as Parent and Next Friend of Ethan Tonemah and Allison Tonemah, is entitled to recover, and allege that the tortfeasor, Kelli Tonemah, was an underinsured motorist at the time of this accident.

5. Defendant has offered to settle this matter for Twenty Five Thousand Dollars ($25,000) for Allison Tonemah’s claim and Five Thousand Four Hundred Thirty Six Dollars and Fifty Cents ($5,436.50) for Ethan Tonemah’s claim.

6. 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 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 Plaintiff dismissed with prejudice.

Outcome: (ETHAN ORDER APPROVING SETTLEMENT
AND
ORDER FOR DEPOSIT/DISTRIBUTION OF SETTLEMENT PROCEEDS

NOW on this 20th day of June, 2012, Plaintiff, Curtis Tonemah, individually and as parent and next friend of Ethan Tonemah, a minor, appears in person, and Defendant 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 Four Hundred Thirty Six Dollars and Fifty Cents ($5,436.50) to be paid on behalf of the minor child, Ethan Tonemah, is fair and reasonable and in the best interest of the minor child, and that GEICO General Insurance should be released from further liability arising out of the events alleged in the above styled matter.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the total settlement amount of Five Thousand Four Hundred Thirty Six Dollars and Fifty Cents ($5,436.50) on behalf of the minor child, Ethan Tonemah, is hereby approved, and GEICO General Insurance is released from further liability to Allison Tonemah for any cause of action arising out of this accident.
ORDER FOR DEPOSIT/DISTRIBUTION OF SETTLEMENT PROCEEDS Pursuant to 12 O.S. §83, the Court orders:

1. $2,245.94, payable to the Ingenix, lien holder, for payment of medical expenses incurred on behalf of the minor, Ethan Tonemah.

2. Immediate distribution is hereby authorized in the amount of $0, for payment of medical expenses incurred on behalf of the minor, Ethan Tonemah.

3. Check or draft in the sum of $3,190.56, for the benefit of the minor Plaintiff Ethan Tonemah shall be deposited in a trust account for the benefit of the minor child at OJioJ,h-1 V 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.

4. It is directed that Plaintiff Curtis Tonemah, shall have the responsibility of delivering a copy of this Order to the above-designated depository at the time the deposit is made.

5. This case is hereby transferred to the Probate Division of the District Court of Oklahoma County for supervision purposes. Not appealalbe.

Plaintiff's Experts:

Defendant's Experts:

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