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Date: 07-25-2013

Case Style: Deborah Johnson v. Boys & Girls Club of Oklahoma County, Inc.

Case Number: CJ-2013-1396

Judge: Roger H. Stuart

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Stephen D. Bachman

Defendant's Attorney: Crystal A. Johnson

Description: Deborah Johnson, individually and as mother and next of kin of Alexander Chambers Johnson, a minor, Boys & Girls Club of Oklahoma County, Inc. on a premises liability theory claiming:

1. That the Plaintiff is a resident of Oklahoma City, Oklahoma County, State of Oklahoma; that the Defendant, Boys & Girls Club of Oklahoma County, Inc., is a corporation doing business in Oklahoma City, Oklahoma County, State of Oklahoma. The Plaintiff asserts that the incident which gives rise to this litigation occurrec in Oklahoma City, Oklahoma County, State of Oklahoma. The Plaintiff further asserts that the Court has jurisdiction over the parties and of the subject matter and that venue is appropriate.

2. That on or aboutthe 7 day of March, 2011, the Plaintiff, Deborah Johnson, allowed her minor child, Alexander Chambers Johnson, to participate in activities with the Defendant, Boys & Girls Club of Oklahoma County, Inc. The Plaintiff, Deborah Johnson, had met with representatives of the Defendant and had spoken about certain conditions which required strict supervision of Alexander Chambers Johnson. Instead, representatives of the Defendant failed to properly supervise, direct and control, thereby allowing Alexander Chambers Johnson to be seriously injured. The Plaintiff asserts that the incident and injuries to the minor Plaintiff, Alexander Chambers Johnson, occurred as a direct result of the negligence of the representative of the Defendant, Boys & Girls Club of Oklahoma County, Inc.

3. That the negligence of the Defendant, Boys & Girls Club of Oklahoma County, Inc., by and through its representatives, at said time and place, among other things, includes, but is not limited to, the following acts:

a. In failing to properly supervise the participants of Boys & Girls Club of Oklahoma County, Inc.;

b. In failing to properly supervise and protect the minor Plaintiff, Alexander Chambers Johnson;

c. In allowing several boys to be unsupervised and away from the premises, thereby resulting in them minor Plaintiffs injuries; and

d. In negligently causing the incident in question.

4. As a result of the occurrence described herein, the minor Plaintiff, Alexander Chambers Johnson, did suffer severe personal injuries causing the him to seek medical treatment. The Plaintiff has experienced physical pain and mental anguish and will, in all reasonable probability, continue to do so in the future by reason of the natJre of the Plaintiff’s injuries. Alexander Chambers Johnson has been caused to incur medical charges and expenses in the past and will continue to incur medical expenses and expenses in the future for said injuries. The Plaintiff, Deborah Johnson, as mother and next of kin of Alexander Chambers Johnson, a minor, is responsible for payment of substantial medical bills and has further suffered damage to the parent-child relationship, suffered economically and further been damaged as a result of the negligence of the Defendant, Boys & Girls Club of Oklahoma County, Inc.

5. By reason of the above and foregoing, the Plaintiff, Deborah Johnson, individually and as mother and next of kin of Alexander Chambers Johnson, a minor, has been damaged in a sum in excess of TEN THOUSAND DOLLARS ($10,C00.00) and in excess of SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00) for said injuries.

WHEREFORE, the Plaintiff, Deborah Johnson, individually and as mother and next of kin of AlexanderChambers Johnson, a minor, prays for judgment against the Defendant, Boys & Girls Club of Oklahoma County, Inc., in an amount in excess of TEN THOUSAND DOLLARS ($10,000.00) and in excess of SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00), attorney fees, costs of this action and for such and further relief as the Court deems just and proper.

Outcome: Deborah Johnson, individually, and as mother and next of kin of Alexander Chambers Johnson (“Johnson”), alleges that or about March 17, 2011, Alexander Chambers Johnson sustained certain injuries while participating in activities with Defendant, Boys & Girls Club of Oklahoma County, Inc. (“Defendant”).

The Court further finds that Deborah Johnson is the mother and next of kin and are the parties to act on behalf of Johnson, the minor child, that she is competent, and that she is appointed Johnson’s guardian ad litem.

The Court finds that a compromise agreement has been reached wherein Defendant, without admitting any liability, has promised to pay, as set forth in the Release of All Claims, Indemnity Agreement, Settlement Agreement and Satisfaction of Judgment filed herewith, a forthwith payment in the sum of $60,000.00 of said total $3,976.27 to be paid to Deborah Johnson, individually, and as mother and next of kin of Alexander Chambers Johnson and the Oklahoma Health Care Authority, the remaining $56,023.73 of the total sum to be paid to Deborah Johnson, individually, and as mother and next of kin of Alexander Chambers Johnson and her attorneys Holloway, Dobson & Bachman, as set forth in the document identified above, representing the entire claim of the minor child for all necessary and incidental expenses, past and future, including attorney fees and medical expenses incurred.

The Court finds that Plaintiff has reached an informed decision to waive the right to trial by jury and that she is fully aware of the consequences of settlement of this matter and is aware that once the court approves this settlement and the present value of the settlement proceeds have been paid, the minor, even afler reaching the age of majority, shall be forever barred from making any additional claims as a result of the subject March 17, 2011, accident.

The Court finds that the parties have agreed, and the Court so orders, that Plaintiff, Deborah Johnson, individually, and as mother and next of kin of Alexander Chambers Johnson, shall satisfy any and all outstanding medical bills, liens, attorney fees and any other claims made against the settlement proceeds forthwith and shall indemnify Defendant, from further loss.

The Court has heard testimony regarding the March 17, 2011, accident which allegedly caused the injuries of Johnson, and as to the other elements of damage and liability in the case, and finds that the settlement agreement is fair, equitable and in the best interests of the minor child. The Court further finds that the Setilement Agreement was entered into free from fraud, coercion, and duress by either of the parties, their agents, insurers or attorneys. Said agreement is hereby approved by the Court.

The Court finds that the total $60,000.00 settlement funds shall be paid as follows:

1. $0 to be used to satisfy for the remaining outstanding medical bills (which Plaintiffs counsel is responsible for paying out of the settlement proceeds);

2. $3,976.27 to be used to satisfy the subrogation amount to Oklahoma Health Care Authority;

3. $15,000.00 for attorneys’ fees, expenses, and costs, which the Court finds are reasonable and necessary;

4. $1,023.73 for reimbursement of Deborah Johnson’s expenses; and

5. $40,000.00 to be deposited at Weokie Credit Union, a federally insured banking institution, on behalf of the minor, Johnson.

The Court finds and hereby orders that the Settlement Agreement is reasonable, equitable, and specifically approved pursuant to Okia. Stat. Tit. 12, § 83.

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 that upon payment of the settlement proceeds, Defendant, shall be deemed to be released from any and all further liability to the other parties as a result of the accident that occurred on March 17, 2011, as described herein.


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