Date: 04-18-2013

Case Style: Holly Womack v. Linda Womack

Case Number: CJ-2013-1065

Judge: Lisa T. Davis

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Daniel P. Markoff

Defendant's Attorney: Anthony Van Eck

Description: Holly Womack sued Linda Womack claiming:

[1] Trey Womack, a minor, is presently six (6) years old. His date of birth is September 2006. This action is brought by Holly Womack, as parent and next friend of Trey Womack, a minor. Trey Womack, a minor, resides with his natural mother, Holly Womack, in or new Oklahoma City, Oklahoma County, Oklahoma.

[2] On or about the I th day of February 2011 at or near 22177 170th Street, Purcell, Cleveland County. Oklahoma, a dog bite incident took place. Trey Womack, a minor, was visiting Linda Womack, the defendant, when her dog bit Trey Womack.

[3] As a direct and proximate result of the accident described in paragraph 2 above, Trey Womack, a minor, sustained injuries. As a result of these injuries, his parent and next friend has incurred medical expenses on behalf of the minor.

[4] As a direct and proximate result of the accident described in this Petition, the minor Plaintiff, by and through his parent and next friend, Holly Womack, is entitled to recover damages from the Defendant.

WHEREFORE, Plaintiffs pray for judgment against the Defendant in the amount of $43,266.25 for Trey Womack

Outcome: On or about the 21st day of March, 2011, the Plaintiffs and Defendants move this Court for an Order approving compromise and settlement of the claims of the Plaintiffs against the Defendants. Plaintiffs appeared in person and through their legal counsel, Daniel Markoff, of Oklahoma City, Oklahoma. Defendants appeared through their legal counsel, Anthony Van Eck, of Oklahoma City, Oklahoma.

After receiving testimony and being fully advised in the premises, THE COURT FINDS:

[1] The Court has jurisdiction over the Defendants and venue of this action is proper in this Court. The Court has jurisdiction to determine if the settlement agreement reached by the Parties should be approved.

[2] Trey Womack, a minor, is presently six (6) years old. His date of birth is September 2006. This action is brought by Holly Womack, as parent and next friend of Trey Womack, a minor. Trey Womack, a minor, resides with his natural mother, Holly Womack, in or near Oklahoma City, Oklahoma County, Oklahoma.

[3] On or about the 11th day of February 2011 at or near 22177 170th Street, Purcell, Cleveland County. Oklahoma, a dog bite incident took place. Trey Womack, a minor, was visiting Linda Womack, the defendant, when her dog bit Trey Womack

[4] As a direct and proximate result of the accident described in paragraph 3 above, the minor Plaintiff sustained injuries to his body. As a result of these injuries, the minor Plaintiff had physical and mental pain and suffering. His parent and next friend incurred medical expenses on behalf of her minor son.

[5] The Plaintiffs filed a Petition in this action alleging that Defendant Linda Womack was negligent in her care of securing the dog and said negligence caused the injuries sustained by the minor Plaintiff. Plaintiffs allege they are entitled to recover damages from Defendants Linda Womack by reason of the injuries sustained by the minor Plaintiff. Defendant Linda Womack answered the Petition by denying negligence and liability in this matter.

[6] The Parties have agreed to a compromised settlement of Plaintiffs’ claims against the Defendant. According to the settlement agreement, the Plaintiffs will receive the total sum of $43,266.25 for Trey Womack, for complete and full satisfaction of any and all claims the Plaintiffs may have against the Defendant.

[7] Holly Womack Mitchell believes this settlement is in the best interest of her son, Trey Womack, and requests the Court to approve the settlement.

[8] In consideration of the total settlement of $43,266.25 for Trey Womack, Holly Womack, individually and as parent and next friend of Trey Womack, a minor, agrees to release any and all claims arising or to arise as a result of the accident occurring on February 11, 2011.

The agreement of the parties requires Holly Womack, individually and as parent and next friend of Trey Womack, a minor, to execute releases of all claims arising from the accident.

[9] By entering into this settlement agreement, it is the intention of the Defendant to compromise doubtful and disputed claims of the Plaintiffs. By entering into such agreement, the Defendant does not admit liability to the Plaintiffs upon their claims.

[10] The Court FINDS the foregoing settlement agreement fair, reasonable and in the best interest of the minor Plaintiffs and authorizes Holly Womack, individually and as parent and next friend of Trey Womack, a minor, to execute the releases in this matter to release the Defendant from any and all claims arising or to arise from the injury/injuries sustained by Trey Womack, a minor, on or about February 11, 2011.

[11] Holly Womack acknowledges that health care providers may have filed liens and/or provided notice of medical expenses accrued incidental to medical services provided to the minor Plaintiffs as a result of the accident for which she remain personally responsible. Holly Womack further acknowledges that all medical expenses incurred on behalf of Trey Womack during his minority are her responsibility and hereby release the Defendants from any responsibility therefore.

[12] The Plaintiffs acknowledge they had the right to a jury trial concerning the issues herein. The minor Plaintiffs also had the right upon reaching the age of majority, and up to one year thereafter, to bring this action in their own name and without the assistance of their parent or next friend. The Plaintiffs acknowledge that by bringing this action and by entering into this settlement agreement, they have affirmatively waived said rights.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED BY THE COURT that the compromised settlement agreement made by and between the Parties hereto, the terms of which are set forth above, is hereby APPROVED.

IT IS FURTHER ORDERED that this settlement is a full and final settlement and compromise of any and all claims against Linda Womack arising, or to arise, from the accident which occurred on February 11, 2011.

IT IS FURTHER ORDERED that Trey Womack, a minor, shall recover on his behalf, by and through his parent and next friend, Holly Womack, the total sum of $43,266.25 from the Defendants. This sum shall be the full settlement and compromise of any and all claims against the Defendants arising from the accident of February 11, 2011. Plaintiffs are directed to sign the appropriate original releases.

IT IS FURTHER ORDERED that pursuant to OKLA. STAT. At.iN. tit. 12, § 83 (West Supp. 2011), out of the proceeds received: the sum of $93.31 shall be retained by Plaintiffs for the immediate use/benefit of Trey Womack, a minor; the sum of $815.64 shall be used to pay subrogation lien of Oklahoma Health Care Authority incurred on behalf of Trey Womack, said expenses to be paid by Holly Womack; the sum of $14,743.08 shall be used to pay the legal expenses; and the remaining balance of $27,614.22, shall be deposited into a restricted access, interest bearing account to be held solely for the use and benefit of the minor, said account to be set up by the Plaintiffs.

IT IS FURTHER ORDERED that disbursements from said account or certificate of deposit shall be permitted oniy following Court approval, until the minor reaches the age of eighteen years. Upon reaching eighteen, Trey Womack shall be permitted by this Court to show proof of majority and cause the remaining balance and interest to be removed from said account without further restrictions imposed by this Court. Plaintiffs have designated Bank of America as the desired financial institution to hold said restricted funds described herein. The Court hereby approves the same as a qualified financial institution in this matter.

IT IS FURTHER ORDERED that by approving the compromised settlement agreement reached by the Parties, the Court does not make any finding of liability in favor of or against the Plaintiffs or the settling Defendant, and the entry of this Order shall not be construed as an admission of liability by the Defendant to the Plaintiffs.

Plaintiff's Experts:

Defendant's Experts:

Comments: