Date: 11-09-2013

Case Style: Alice Berry v. Krista Cavery

Case Number: CJ-2012-4732

Judge: Linda G. Morrissey

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Adam Scott Weintraub and Philip R. Bruce

Defendant's Attorney: Gene Robinson for Krista Cavery

Leon P. Davis for David A. Traub, M.D.

Richard T. McGonigle for Oklahoma Medical Services & Supply, et al.

Sloan Wood for Oklahoma Health Care Authority

J. Andrew Enlow for Radiology Consultants of Tulsa

Description: Alice Berry and Truman Berry sued Krista Cavery on an auto negligence theory claiming:

1. Plaintiffs are residents of Tulsa County, Oklahoma.

2. Defendant is a resident of Tulsa County, Oklahoma.

3. This cause of action arose in Tulsa County, Oklahoma.

6. Ms. Berry suffered significant personal injuries and damages as a result of

4. This Court has jurisdiction and venue over the cause of action and the parties hereto.

NEGLIGENCE

5 That on or about January 15, 2011, on Interstate 44 Eastbound near the, Peoria exit, Plaintiffs Alice Berry (“Ms. Berry) and Markeysa Harris (“Ms. Harris”), t minor and granddaughter of Ms Berry, were injured in an automobile accident caused by the negligence and recklessness of Defendant.

6. Ms. Berry suffered significant personal injuries and damages as a result of the motor vehicle accident.

7. Ms. Harris also suffered significant personal injuries and damages as a result of the motor vehicle accident.

8. The accident and resulting injuries and damages to Plaintiffs were the result of the negligence and reckless driving of Defendant.

9. That as a result of Defendant’s aforementioned reckless driving and negligence, Plaintiffs both sustained personal injury and have suffered damages in an amount in excess of $75,000 including, but not limited to:

a. Past and future physical pain and suffering to the Plaintiffs;

b. Past and future mental pain and suffering to the Plaintiffs;

c. Physical impairment; and

d. Past and future medical care, treatment and services;

WHEREFORE, Plaintiffs pray for judgment against the Defendant Krista Caveny in an amount in excess of $75,000, punitive damages, costs, a reasonable attorney fee, and for such other relief as the Court deems just.

Plaintiff Alice Berry filed a motion to determine liens and apportion settlement proceeds as follows:

1. Plaintiff Alice Berry, through negotiation and with assistance of her attorney, attained a settlement from the liability insurance carriers of Defendant Caveny in the total amount of Fifteen Thousand and No/lOOths Dollars ($15,000.00) for Plaintiff Alice Berry’s claims. In accordance with Plaintiff’s Attorney-Client Contract, attorney fees of (40%) Six Thousand and No/lOOths Dollars ($6,000.00) and litigation costs have been deducted in the amount of One Hundred Three and 87/lOOths Dollars ($103.87) from the total settlement amount. This leaves a remaining balance of Eight Thousand ght Hundred Ninety-Six and 13/lOOths Dollars ($8,896 13) to be divided among Plaintiff and Plaintiff’s lien holders and creditors.

Plaintiff Alice Berry’s total medical expenses are $11,896.04, none of which have been paid.

2. Plaintiff Alice Berry’s medical specials are as follows:

St. Francis Hospital $9,721.30

Radiology Consultants of Tulsa $598.75

Hillcrest Medical Center $1,542.00

Prescriptions $33.99 (paid by Alice Berry)

3. All lien holders and all those with an interest in this matter are being given proper notice of this Motion.

4. Due to the nature of Plaintiffs injures, it is in the best interest of the Plaintiff to settle this case. However, because of the large amount of medical claims and the inadequate settlement proceeds, Plaintiff hereby requests the Court to exercise its judicial authority to apportion the settlement proceeds between the Plaintiff and her medical providers at the Court deems just and equitable.

Outcome: Settled for $15,000.00.

Plaintiff's Experts:

Defendant's Experts:

Comments: