Date: 02-18-2013

Case Style: Twilla Hura v. Claud C. Amos

Case Number: CJ-2012-6099

Judge: Linda G. Morrissey

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Michael E. Carr

Defendant's Attorney: Truman B. Rucker

Description: Twilla Hura sued Claud C. Amos and Victoria Amos on claiming:

1. That on the 1st day of January, 2012, the minor Plaintiffs, E.T. and J.D., were involved in an automobile accident which occurred at 31st Street and Skelly Drive in the City of Tulsa, Tulsa County, Oklahoma, wherein the minor Plaintiffs sustained various injuries. As a result of the accident, the minor Plaintiffs and their parent and next friend, Plaintiff, TWILLA HURA, have asserted claims against Defendants, CLAUD C. AMOS and VICTORIA AMOS, and their insurer, EQUITY INSURANCE COMPANY. That said claims are disputed as to liability and damages.

2. That the accident and subsequent injuries to the minor Plaintiffs were proximately caused by the negligence of Defendants, CLAUD C. AMOS and VICTORIA AMOS.

3. That Plaintiff, TWILLA HURA, is the natural parent and next friend of the minor Plaintiffs and appears individually and on behalf of the minor Plaintiffs to assert her claims for damages and expenses resulting from the accident.

4. That a compromise agreement has been reached wherein Defendants, CLAUD C. AMOS and VICTORIA AMOS, and their insurer, EQUITY INSURANCE COMPANY, have offered to pay to TWILLA HURA, individually, and E.T., the minor Plaintiff, by and through her parent and next friend, TWILLA HURA, the sum of FIFTEEN THOUSAND SEVENTY FIVE DOLLARS AND 23/100 ($15,075.23), representing their claims for all necessary and incidental expenses, past and future, incurred or to be incurred because of the alleged injuries to the minor Plaintiff, E.T., for loss of love, services and affection of the minor child due to said alleged injuries, and representing payment for pain and suffering, both past and future, permanent disability, disfigurement, and any other claim the minor Plaintiff may have now, or which may arise in the future, known or unknown, resulting from the said accident.

5. That a compromise agreement has been reached wherein Defendants, CLAUD C. AMOS and VICTORIA AMOS, and their insurer, EQUITY INSURANCE COMPANY, have offered to pay to TWILLA HURA, individually, and J.D., the minor Plaintiff, by and through her parent and next friend, TWILLA HURA, the sum of FIVE THOUSAND SEVEN HUNDRED TWENTY ONE DOLLARS and 11/100 ($5,721.11), representing their claims for all necessary and incidental expenses, past and future, incurred or to be incurred because of the alleged injuries to the minor Plaintiff, J.D., for loss of love, services and affection of the minor child due to said alleged injuries, and representing payment for pain and suffering, both past and future, permanent disability, disfigurement, and any other claim the minor Plaintiff may have now, or which may arise in the future, known or unknown, resulting from the said accident.

6. That TWILLA HURA, individually and as guardian ad litem, has agreed to pay any and all outstanding medical bills, medical liens, insurance subrogation claims, attorney fees and any other claims made against the settlement proceeds, and has agreed to indemnify Defendants, CLAUD C. AMOS and VICTORIA AMOS, and their insurer, EQUITY INSURANCE COMPANY, from any further loss or claims by any medical provider, lien claimant or subrogated claimant.

7. That Plaintiff believes that the settlement agreement is fair, equitable and in the best interest of the minor Plaintiffs, and represents to the Court that the settlement agreement was entered into free from duress or coercion by either of the parties and that she has formed her opinions with regard to this settlement agreement based upon her own independent beliefs and thoughts and not upon the representations of the Defendants.

8. Plaintiff is aware that this settlement agreement, if approved by the Court, and upon payment of the settlement proceeds by Defendants, CLAUD C. AMOS and VICTORIA AMOS, and their insurer,
EQUITY INSURANCE COMPANY, will fully and completely compromise and conclude the claims herein, and that the minor Plaintiffs and the minors’ parent and next friend, will not be able to seek further compensation from Defendants, CLAUD C. AMOS and VICTORIA AMOS, and their insurer, EQUITY INSURANCE COMPANY, should the minor Plaintiffs conditions change or new injuries develop or be discovered after this settlement.

9. Plaintiff is aware that by settling her claims, she is giving up the right to file a civil action against Defendants. Plaintiff is aware that the next friend of the minor Plaintiffs would otherwise have the right to file a civil action against the Defendants, CLAUD C. AMOS and VICTORIA AMOS, for the claims of the next friends’ damages within two (2) years of the date of the accident. Plaintiff is aware that the minor Plaintiffs would otherwise have the right to file a civil action against the Defendants, CLAUD C. AMOS and VICTORIA AMOS, for the minors’ claims within two (2) years of the date of the accident, or within one year from the date each minor Plaintiff reached the age of majority, whichever is longer. If such civil action were pursued, the Plaintiff is aware that a jury may award either greater or l,esser damages than those offered in this settlement.

WHEREFORE, Plaintiff prays that the Court enter its Order approving the compromise settlement agreement along with any other matters as required by law.

Outcome: That on the 1st day of January, 2012, the minor Plaintiffs, E.T. and J.D., were involved in an automobile accident which occurred on 31st Street and Skelly Drive in the City of Tulsa, Tulsa County, Oklahoma. That as a result of the accident the minor children, E.T. and J.D.,, were allegedly injured and a claim against Defendants, CLAUD C. AMOS and VICTORIA AMOS, and their insurer, EQUITY INSURANCE COMPANY, has arisen that is disputed both as to liability and damages. The parties have reached a compromise agreement and have requested that the Court approve the settlement.

THE COURT FINDS that Plaintiff, E.T., is a minor of the age of ten (10) years, having a birth date of May 5, 2001, that Plaintiff J.D., is a minor of the age of seven (7) years, having a birth date of October 27, 2005, and that TWILLA HURA is the natural parent of said minor Plaintiffs, and that TWILLA HURA is the proper and competent party to act on behalf of the minor Plaintiffs, and is hereby appointed guardian ad litem.

THE COURT FURTHER FINDS that a compromise agreement has been reached wherein Defendants, CLAUD C. AMOS and VICTORIA AMOS, and their insurer, EQUITY INSURANCE COMPANY, have offered to pay to TWILLA HURA, individually, and to E.T., the minor Plaintiff, by and through her parent and next friend, the sum of FIFTEEN THOUSAND SEVENTY FIVE DOLLARS AND 23/100 ($15,075.23), which includes the sum of FOURTEEN THOUSAND ONE HUNDRED FORTY-TWO DOLLARS and 05/100 Dollars ($14,142.05) for payment of medical bills, representing their claims for all necessary and incidental expenses, past and future, incurred or to be incurred because of the alleged injuries to the minor Plaintiff, E.T., for loss of love, services and affection of the minor child due to said alleged injuries, and representing payment for pain and suffering, both past and future, permanent disability, disfigurement, and any other claim the minor Plaintiff may have now, or which may arise in the future, known or unknown, resulting from the said accident.

THE COURT FURTHER FINDS that a compromise agreement has been reached wherein Defendants, CLAUD C. AMOS and VICTORIA AMOS, and their insurer, EQUITY INSURANCE COMPANY, have offered to pay to TWILLA HURA, individually, and to J.D., the minor Plaintiff, by and through her parent and next friend, the sum of FIVE THOUSAND SEVEN HUNDRED TWENTY ONE DOLLARS and 11/100 ($5,721.11), which includes the sum of FOUR THOUSAND FIVE HUNDRED SIXTY-ONE DOLLARS and 45/100 ($4,561.45) for payment of medical bills, representing their claims for all necessary and incidental expenses, past and future, incurred or to be incurred because of the alleged injuries to the minor Plaintiff, J.D., for loss of love, services and affection of the minor child due to said alleged injuries, and representing payment for pain and suffering, both past and future, permanent disability, disfigurement, and any other claim the minor Plaintiff may have now, or which may arise in the future, known or unknown, resulting from the said accident.

THE COURT FURTHER FINDS that the Plaintiffs have reached an informed decision to waive the right to a trial by jury, and that they are fully aware of the consequences of settlement of this matter and are aware that once the Court approves this settlement, and the settlement proceeds have been paid, that E.T. and J.D., minors, and TWILLA HURA, individually and as parent and guardian ad litem, shall be barred from making any additional claims against Defendants, CLAUD C. AMOS and VICTORIA AMOS, and their insurer, EQUITY INSURANCE COMPANY, as a result of the subject accident, even if the medical condition of the minor children does not progress as presently anticipated or shall unexpectedly change for the worse after this settlement.

THE COURT FURTHER FINDS that the parties have agreed, and the Court so orders, that TWILLA HURA, individually and as guardian ad litem of E.T., the minor Plaintiff, shall pay any and all outstanding medical bills, liens, specifically including Oklahoma Medical Service and Supply, Inc., Heritage Medical Clinic, Oklahoma Physical Therapy, PLL, Tulsa Diagnostic Imaging and Chiropractic Doctors, Inc., attorney fees and any other claims made against the settlement proceeds, and shall indemnify Defendants, CLAUD C. AMOS and VICTORIA AMOS, and their insurer, EQUITY INSURANCE COMPANY, from any further loss, as set out in the Petition herein.

THE COURT FURTHER FINDS that the parties have agreed, and the Court so orders, that TWILLA HEJRA, individually and as guardian ad litem of J.D., the minor Plaintiff, shall pay any and all outstanding medical bills, liens, specifically including Heritage Medical Clinic, Oklahoma Physical Therapy, PLL and Chiropractic Doctors, Inc., attorney fees and any other claims made against the settlement proceeds, and shall indemnify Defendants, CLAUD C. AMOS and VICTORIA AMOS, and their insurer, EQUITY INSURANCE COMPANY, from any further loss, as set out in the Petition herein.

THE COURT FURTHER FINDS that MICHAEL CARR, as attorney for E.T., the injured minor, and TWILLA HURA, the parent and guardian ad litem, is entitled to receive an attorney fee and reimbursement of costs and expenses in the sum of $5,012 to be taken out of the settlement. The Court finds that said fee is reasonable and is hereby approved.

THE COURT FURTHER FINDS that MICHAEL CARR, as attorney for J.D., the injured minor, and TWILLA HURA, the parent and guardian ad litem, is entitled to receive an attorney fee and reimbursement of costs and expenses in the sum of $1980.00 to be taken out of the settlement.

The Court finds that said fee is reasonable and is hereby approved.

The Court has heard testimony as to the facts giving rise to the incident and the medical condition and prognosis of the minor Plaintiffs and finds that the settlement agreement is fair, equitable, and in the best interest of the minor Plaintiff, that it was entered into free from fraud, coercion and duress by any of the parties, its agents, insurers and attorneys. Said agreement is hereby approved by the Court.

THE COURT FURTHER FINDS, and hereby orders, that the proposed settlement, as set forth above and in the Petition, should be, and is hereby, approved, and upon payment of the settlement proceeds, Defendants, CLAUD C. AMOS and VICTORIA AMOS, and their insurer, EQUITY INSURANCE COMPANY, shall be deemed to be released from any and all further liability to the Plaintiffs as a result of the
incident described herein.

Plaintiff's Experts:

Defendant's Experts:

Comments: