Date: 02-09-2013

Case Style: Maria Del Carmen v. Megan McCormick

Case Number: CJ-2012-7803

Judge: Thomas E. Prince

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Greg Dark

Defendant's Attorney: Erin J. Rooney

Description: Maria Del Carmen sued Megan McCormick on an auto negligence theory claiming:

1. Defendant Megan McCormick is a resident of Oklahoma City, Oklahoma County, Oklahoma.

2. On or about April 10, 2012, J.P.A., a minor, was injured in an automobile accident that occurred in Oklahoma City, Oklahoma County, Oklahoma.

3. As a result of said accident, J.P,A,, a minor, has suffered medical expenses, as well as physical and emotional pain and suffering. PlaintiffMaria Del Carmen has incurred medical bills in coimection with J.P.A.’s injuries.

4. Pursuant to 12 O.S. § 139, venue is proper in Oklahoma County.

5. Pursuant to 12 O.S. § 2004(F), this Court has proper subject matter jurisdiction.

6. The injuries and damages complained of; above, were caused ann/or are attributable to the negligence of Megan McCormick.

WHEREFORE, the Plaintiff, Maria Del Carmen, as Mother and next Friend of J.P.A., a minor, demands recovery against Defendant, Megan McCormick, in the amount ol’Twenty-Three Thousand Dollars and 0/100 ($23,000.00).

Defendant appeared through counsel

Outcome: NOW on this 1 l’ day of January 2013, this cause comes on before The Honorable Thomas E. Prince, the undersigned Judge of the District Court in and for Oklahoma County, State of Oklahoma, pursuant to agreement of all parties. Plaintiff, Maria Del Carmen, as Mother and Next of Friend of J.P.A., a minor (“Plaintiff’), appearing in person and through her counsel of record, Greg Dark of MICHAEL BROOKS-JIMENEZ, P.C.; Defendant, Megan McCormick (“Defendant”), appearing through her counsel of record, Erin J. Rooney of PIGNATO, COOPER, KOLKER & ROBERSON, P.C.

It was stated to the Court by the parties that a settlement agreement has been entered into by which North Star Mutual Insurance Company has agreed to pay to Maria Del Carmen, as Mother and Next of Friend of J.P.A., a minor, the sum of $23,000.00, in exchange for the release and discharge of Defendant, Megan McCormick, from any and all claims that Plaintiff may have arising from the accident giving rise to this lawsuit.

It was further stated to the Court by all parties that the settlement agreement is fair and reasonable, is freely and voluntarily entered into by all concerned, and that all parties wish to have the Court approve said settlement. Whereupon, the Court proceeded to hear the evidence ofwitnesses. The Court finds that the settlement is in the best interest of the minor and should be approved.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that the Plaintiff, Maria Del Carmen, as Mother and Next Friend of J.P.A., a minor, is hereby awarded the total sum of Twenty-Three Thousand Dollars ($23,000.00), inclusive of all costs, interest and attorneys fees, if any. This settlement and distribution is in the best interest of the minor, J.P.A., and should be approved. The funds should be allocated as follows:

a. Oklahoma Health Care Authority for $1,253.19.

b. MICHAEL Brooks-Jimemez, P.C. & Maria Del Carmen, as Mother and Next Friend of J.P.A, a minor, for $21,746.81.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED, pursuant to 120. S. § 83, that the settlement proceeds of the minor, J.P.A., in the amount of shall be deposited in one or more federally-insured banking, credit union or savings and loan institutions, or invested by a trust department of a banking institution, approved by the Court, and that these funds not be withdrawn without order of the Court authorizing future withdrawals, unless and until the minor child reaches the age of majority. The parties have informed the Court that the minor, J.P.A.’s proceeds will be deposited at the following financial institution: Tinker Federal Credit Union which the Court finds reasonable. By way of separate order, Plaintiff must provide proof of deposit in said institution within twenty (20) days.

Plaintiff's Experts:

Defendant's Experts:

Comments: