Date: 05-17-2013

Case Style: Lindsey Graumann v. Michael Baker

Case Number: CJ-2013-1332

Judge: Barbara G. Swinton

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Andrew D. Schwartz

Defendant's Attorney: Lacy N. Vassar

Description: 1. On or about December 28, 2009, in Oklahoma County, Oklahoma, the minor child was injured due to the negligence of the Defendant Michael Baker.

2. As a result of the negligence of the Defendant, the minor Plaintiff i equired medical attention, and the minor Plaintiffs parent and next friend incurred certain expenses for the care of the minor Plaintiff.

`WHEREFORE, Plaintiff prays for judgment against the Defendant in an amount in excess of Ten Thousand and No/l 00 Dollars ($10,000.00).

Defendant appeared and answered as follows:

1. Defendant is unable to admit or deny the allegations contained in Plaintiffs Petition.

WHEREFORE, Defendant moves the court to dismiss Plaintiffs Petition or to set this matter for hearing on the Court’s next available docket.

Outcome: 1. The Court having reviewed the file and having heard testimony of witnesses sworn and having been fully apprised of the facts, fmds that the settlement amount of Thirty Eight Thousand Nine Hundred Fifty-Eight Dollars and No/Cents ($38,958.00) to be paid on behalf of the minor child, M.G., is fair and reasonable and in the best interest of the minor child, and that Michael Baker should be released from further liability arising out of the events alleged in the above styled matter.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the settlement amount of Thirty Eight Thousand Nine Hundred Fifty-Eight Dollars and No/Cents ($38,958.00) on behalf of the minor child, M.G., is hereby approved, and Michael Baker is released from further liability to M.G. for any cause of action arising out of this accident.


ORDER FOR DEPOSIT/DISTRIBUTION OF SETTLEMENT PROCEEDS
Pursuant to 12 O.S. §83, the Court orders:
2. Immediate distribution is hereby authorized in the amount of $1,015.50, payable to Lindsey Grauniann, individually and as parent and next friend of M.G., a minor, Attorney Andrew Schwartz and McClain Grady County EMS, for payment of medical expenses incurred on behalf of the minor, M.G..
3. Immediate distribution is hereby authorized in the amount of $3,088.96, payable to Lindsey Graumann. individually and as parent and next friend of M.G., a minor, Attorney Andrew Schwartz and TRICARE, for payment of medical expenses incurred on behalf of the
minor, M.G.. (
4. Immediate distribution is hereby authorized in the amount of $3,037.08
payable to Lindsey Graumann, individually and as parent and next friend of M.G., a minor and Andrew Schwartz, attorney for Plaintiff, as and for payment of attorney’s fees and expenses incurred on behalf of the minor, M.G..

5. The balance of the monies in the amount of $21,816.46 shall be deposited in a trust account at Arvest andshall only be withdrawn from said depository by order of the Court authorizing the withdrawal or upon the said minor child attaining eighteen years of age.

6. It is directed that Plaintiff Lindsey Graumann, shall have the responsibility of delivering a copy of this Order to the above-designated depository at the time the deposit is made.

7. This case is hereby transferred to the Probate Division of the District Court of Oklahoma County for supervision purposes.
Not appealable.

Plaintiff's Experts:

Defendant's Experts:

Comments: