Date: 10-13-2012

Case Style: Raylene Sonnier v. Jedediah Perkey

Case Number: CJ-2012-4248

Judge: Dana Kuehn

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Brad W. Wicker

Defendant's Attorney: Robert Edward Black

Description: Raylene Sonnier and Estate of Darrell Abadie sued Jedediah Perkey claiming:

1. Raylene Sonnier is the Parent of David Glen Abadie, Jessica Renea Abadie and Heather Elizabeth Abadie, and is bringing this cause of action on behalf of David Glen Abadie, Jessica Renea Abadie and Heather Elizabeth Abadie. The Plaintiffs are residents of Tulsa County.

2. On or about January 15, 2012, David Glen Abadie was involved in a pedestrian incident which resulted in his death caused as a result of the negligence of Jedediah Perkey.

3. As a direct result of the wrongful death of Jedediab Perkey, the minor Plaintiffs suffered damages.

4. Defendant has offered to settle this matter for Twenty Five Thousand and 0/I00> Dollars ($25,000.00), the policy limit applicable to the car driven by Jedediah Perkey at the timer of the accident with Darrell Abadie. Said proceeds are to be divided between the surviving children of Darrell Abadie, in the following manor pursuant to the law of descent and distribution: Eight Thousand Three Hundred Thirty-Three and 33/100 Dollars ($8,333.33) as to David Glen Abadie, Eight Thousand Three Hundred Thirty-Three and 33/100 Dollars ($8,333.33) as to Jessica Renea Abadie, and Eight Thousand Three Hundred Thirty-Thee and 34/100 Dollars ($8,333.34) as to Heather Elizabeth Abadie.

5. Plaintiff Parent has considered and evaluated the pertinent facts regarding this incident and the injuries incurred, and believes that the proposed settlement is in the best interests of the minor(s), 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 belicved.

WHEREFORE, Plaintiff, Raylene Sonnier, as the Special Administrator for the Estate of Darrell Abadie and on behalf of David Glen Abadie, Jessica Renea Abadie and Heather Elizabeth Abadie, minors, pray for judgment against Defendant, Jedediah Perkey, in an amount of Eight Thousand Three 1-lundred Thirty-Three and 33/100 Dollars ($8,333.33) as to David Glen Abadie, Eight Thousand Three Hundred Thirty-Thee and 33/100 Dollars ($8,333.33) as to Jessica Renea Abadie, and Eight Thousand Three Hundred Thirty-Three and 34/100 Dollars ($8,333.34) as to Heather Elizabeth Abadie.

Defendant answered as follows:

Defendant, Jedediah Perkey, hereby answers the Petition of Plaintiffs by numerical paragraph as follows:

1. Admitted.

2. Denied.

3. Defendant is without sufficient information to either admit or deny the allegations of this paragraph and therefore denies the same.

4. Defendant admits a compromise settlement agreement has been entered into with the Plaintiffs in exchange for an agreement to release Defendant from any and all claims of the Plaintiffs.

5. Defendant is without sufficient information to admit or deny the contention.

Outcome: On this 5th day of September, 2012, this matter comes on before me, the undersigned Judge of the District Court, Plaintiffs, David Glen Abadie, Jessica Renea Abadie and Heather Elizabeth Abadie, minors, appear by and through Raylene Sonnier, Special Administrator of the Estate of Darrell Abadie, and by and through counsel of record, Brad Wicker; and the Defendant, Jedediah Perkey, being present by and through his counsel of record, Robert Edward Black.

Thereupon evidence and testimony was introduced and upon due consideration of the evidence and testimony and being fully advised in the premises, the Court finds as follows:

That Darrell Abadie was involved in a pedestrian incident which occurred on January 15, 2012, and as a result thereof the minor Plaintiffs suffered loss and have made claims against the Defendant. These claims are disputed both as to liability and damages.

Raylene Sonnier, is the Special Administrator of the Estate of Darrell Abadie and is the proper party to act on behalf of said minors.

A compromise settlement has been reached wherein the State Farm Mutual Automobile Insurance Company, on behalf of the Defendant Jedediah Perkey, has offered to pay to the minor Plaintiffs by and through the Special Administrator of the Estate of Darrell Abadie, the sum of Eight Thousand Three Hundred Thirty-Three and 33/100 Dollars ($8,333.33) as to David Glen Abadie, Eight Thousand Three Hundred Thirty-Three and 33/100 Dollars ($8,333.33) as to Jessica Renea Abadie, and Eight Thousand Three Hundred Thirty-Three and 34/100 Dollars ($8,333.34) as to Heather Elizabeth Abadie as full and final settlement of all claims made by said minors against the Defendant, Jedediah Perkey, for all injuries and damages sustained together with any and all damages which may arise in the future and/or for injuries known or unknown resulting from said accident, and all other claims which derive from the injuries and death of Darrell Abadie. The Plaintiff Special Administrator, on behalf of the minor plaintiffs, has reached an informed decision to waive their right to a jury trial in which they could receive more money, less money or no money at all.

The Plaintiff has been informed of the minor Plaintiffs’ right to proceed on their own behalf after they reach the age of majority until the age of 19 years and has reached an informed decision to waive the minor Plaintiffs’ right to a jury trial.

The Plaintiff is fully aware of the consequences of settlement of this matter and is aware that once the Court approves this settlement any and all claims arising from the death of Darrell Abadie shall be forever barred. The Plaintiff is also aware that any and all lien holders and providers of any services known and unknown must be compensated from the proceeds of this settlement.

The Plaintiff has not been forced or coerced, in any manner, to enter into this settlement.

The Plaintiff understands the Defendant shall be released from any and all liability to Plaintiff as a result of said auto pedestrian incident.

The Parent is the proper person to execute any documents on behalf of the minor Plaintiffs in relation to this approved settlement and Raylene Sonnier is the proper person to receive any money paid pursuant to this settlement agreement for the use and benefit of the minor Plaintiffs.

WHEREFORE, the Court does hereby approve the above settlement agreement, and dismisses with prejudice any and all claims of the Plaintiffs against the Defendant. The Court transfers this case to the Probate Division of the time as the minor Plaintiffs reach the age of eighteen (18) years. David Glen Abadie’s date of birth was October 13, 2002, and Jessica Renea Abadie’s date of birth was July 7, 1995, and Heather Elizabeth Abadie’s date of birth was March 16, 1998.

Plaintiff's Experts:

Defendant's Experts:

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