Date: 07-25-2013

Case Style: Tresa Evans v. Rahilka Naumoska

Case Number: CJ-2013-2725

Judge: Patricia G. Parrish

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Phillip P. Owens, II

Defendant's Attorney: Matthew B. Wade

Description: Tresa Evans, individually and as mother and next friend of Mary Evans, a minor, sued Rahilka Naumoska claiming:

1. Tresa Evans is the Mother of Mary Evans, and is bringing this cause of action individually and on behalf of Mary Evans. The Plaintiffs are residents of Oklahoma County.

2. On or about September 17, 2012, Mary Evans was involved in automobile accident which resulted in bodily injury caused as a result of the neglige ice of Rahilka Naumoska.

3. As a direct result of the negligence of Rahilka Naumoska, the minor Plaintiff suffered injuries. In addition, the Plaintiff, Tresa Evans, 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 Ten thousand seven hundred Dollars ($10,700.00) 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 fact regarding this incident and the injuries incurred, and believes that the proposed settlemen: 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 Eürther recovery from the Defendant, even though the injuries might be worse or more serious in the future than now believed.

WHEREFORE, Plaintiff, Tresa Evans, Individually and as Mother and Next Friend of Mary Evans, a minor, prays for judgment against Defendant, Rahilka Naumoska, in an amount of Ten thousand seven hundred Dollars ($10,700.00).

Defendant Rahilka Naumoska appeared and answered as follows:

1. Admitted.

2. Denied.

3. Defendant is without sufficient information to either admit or deny the allegations of this paragraph and therefore denies the same.

4. Defendant admits a compromise settlement agreement has been entered into with the Plaintiffs in exchange for an agreement to release Defendant from any and all claims of the Plaintiffs.

5. Defendant is without sufficient information to admit or deny the contention.

Outcome: On this 13th day of June, 2013, this matter comes on before me, the undersigned Judge of the District Court, Plaintiff, Mary Evans, a minor, appears in person and by and through her Mother and Next Friend, Tresa Evans, and by and through counsel of record, Phillip P. Owens II and the Defendant, Rahilka Naumoska, being present by and through her counsel of record, Matthew B. Wade. Thereupon evidence and testimony was introduced and upon due consideration of the evidence and testimony and being filly advised in the premises, the Court finds as follows:

The parties were involved in automobile accident which occurred on September 17, 2012, 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, Tresa Evans, 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, Rahilka Naumoska, has offered to pay to the minor Plaintiff by and through her Parent and Next Friend, the sum of Ten thousand seven hundred Dollars ($10,700.00) as frill and final settlement of all claims made by said minor against the Defendant, Rahilka Naumoska, for all injuries and damages sustained by the minor Plaintiff together with any and all damages which may arise in the future and/or 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 ajury 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 Tresa Evans 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 November 21, 1996.

Plaintiff's Experts:

Defendant's Experts:

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