Date: 02-20-2013

Case Style: Virginia Kramerage v. Whitney London

Case Number: CJ-2012-823

Judge: Gary E. Miller

Court: District Court, Canadian County, Oklahoma

Plaintiff's Attorney: Chad W. Kelliher

Defendant's Attorney: Robert Edward Black

Description: Virginia Kramerage, individually and as mother and next friend of Caitlynn Morrow, a minor, sued Whitney London claiming:

1. Virgina Kramerage is the Mother of Caitlynn Morrow, and is bringing this cause of action individually and on behalf of Caitlynn Morrow. The Plaintiffs are residents of Canadian County.

2. On or about August 22, 2011, Caitlynn Morrow was involved in automobile accident which resulted in bodily injury caused as a result of the negligence of Whitney London.

3. As a direct result of the negligence of Whitney London, the minor Plaintiff suffered injuries. In addition, the Plaintiff, Virgina Kramerage, is obligated to pay medical expenses incurred to date by the minor Plaintiff and will incur additional medical expenses in the future.

4. Defendant has offered to settle this matter for Three Thousand Eight Hundred Nine and 50/100 Dollars ($3,809.50) and Plaintiff Parent has agreed to the settlement in consideration for dismissing this lawsuit with prejudice and executing a full and final release of all claims.

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 believed.

WHEREFORE, Plaintiff, Virgina Kramerage, Individually and as Mother and Next Friend of Caitlynn Morrow, a minor, prays for judgment against Defendant, Whitney London, in an amount of Three Thousand Eight Hundred Nine and 50/100 Dollars ($3,809.50).

Outcome: On this 20th day of February, 2013, this matter comes on before me, the undersigned Judge of the District Court, Plaintiff, Caitlynn Morrow, a minor, appears in person and by and through her Mother and Next Friend, Virgina Kramerage, and by and through counsel of record, Chad W. Kelliher; and the Defendant, Whitney London, being present by and through her 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:

The parties were involved in automobile accident which occurred on August 22, 2011, and as a result thereof, the minor Plaintiff sustained injuries and has made claims against the Defendant. These claims are disputed both as to liability and damages.

The Plaintiff, Virgina Kramerage, is the natural parent of the minor child and is the proper party to act as Next Friend for said minor.

A compromise settlement has been reached wherein the Defendant, Whitney London, has offered to pay to the minor Plaintiff by and through her Parent and Next Friend, the sum of Three Thousand Eight Hundred Nine and 50/100 Dollars ($3,809.50) as full and final settlement of all claims made by said minor against the Defendant, Whitney London, for all injuries and damages sustained by the minor Plaintiff together with any and all damages which may arise in the future andlor for injuries known or unknown resulting from said accident, and all other claims which derive from the injuries of the minor child.

The Plaintiffs have 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 Plaintiffs have been informed of the minor Plaintiffs right to proceed on her own behalf after she reaches the age of majority until the age of 19 years, and they have reached an informed decision to waive the minor Plaintiffs right to a jury trial.

The Plaintiffs are fully aware of the consequences of settlement of this matter and are aware that once the Court approves this settlement, any and all claims of the parents in their individual capacities and any and all claims of the minor shall be forever barred. The Plaintiffs are 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 Plaintiffs have not been forced or coerced, in any manner, to enter into this settlement.

The Plaintiffs understand the Defendant shall be released from any and all liability to Plaintiffs as a result of said automobile accident.

The Mother is the proper person to execute any documents on behalf of the minor Plaintiff in relation to this approved settlement; and Virgina Kramerage is the proper person to receive any money paid pursuant to this settlement agreement for the use and benefit of the minor Plaintiff.

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 District Court for further supervision until such time as the minor Plaintiff reaches the age of eighteen (18) years. The minor’s date of birth is June 11, 1996.

Plaintiff's Experts:

Defendant's Experts:

Comments: