Date: 02-07-2014

Case Style: Michelle Ford v. Arturo Martinez, Jr. and Abel Enterprises, LLC

Case Number: CJ-2013-4905

Judge: Thomas Prince

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Brent D. Berry

Defendant's Attorney: Sanda McKenney

Description: On this 7th day of February, 2013, this matter comes on before me, the undersigned Judge of the District Court, Plaintiff, Jashaun Fields, a minor, appears in person and by and through his Mother and Next Friend, Michelle Ford, and by and through counsel of record, Brent D. Berry; and the Defendants, Abel Enterprises, LLC and Arturo Martinez Jr., being present by and through their counsel of record, Shanda McKenney.

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 an automobile accident which occurred on June 6, 2012, and as a result thereof, the minor Plaintiff sustained injuries and has made claims against the Defendants. These claims are disputed both as to liability and damages.

Plaintiff, Michelle Ford, 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 Defendants, Abel Enterprises,

LLC and Arturo Martinez Jr., have offered to pay to the minor Plaintiff by and through his Parent and Next Friend, the sum of Eighteen Thousand Five Hundred and No/i 00 Dollars ($18,500.00) as full and final settlement of all claims made by said minor against the Defendants, Abel Enterprises, LLC and Arturo Martinez Jr., 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 his own behalf after he 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 Defendants 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 Michelle Ford 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 Defendants. 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 October 18, 2004.

Outcome: Settled for $18,500 and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: