Date: 12-19-2013

Case Style: Mandy Allen v. Rebecca Pendergrass

Case Number: CJ-2013-5554

Judge: Rebecca B. Nightingale

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Annie Elizabeth Kellough

Defendant's Attorney: Jake G. Pipinich and Amy Bradley-Waters

Description: Mandy Allen sued Rebecca Pendergrass on a negligence theory claiming:

1. On or about October 8, 2012, Plaintiffs minor child, M.N., was walking across the street at the intersection of 14l Street and Elm Street in the City of Glenpool, Tulsa County, Oklahoma.

2. At that same time, Defendant Rebecca Pendergrass was operating a vehicle traveling East on l41 Street in Glenpool, Oklahoma.

3. Defendant Rebecca Pendergrass operated the vehicle in a negligent manner causing it to accidentally strike M.N., the minor daughter of the Plaintiff Mandy Allen.

4. As a result of the motor vehicle and pedestrian accident Plaintiff’s minor child, M.N., sustained bodily injury and other damages.

5. As a result of the bodily injuries sustained by M.N., the minor child,. medical treatment was necessary. Plaintiff has incurred costs for medical care and lost time from work to ensure that proper care was rendered.

6. Plaintiff is entitled to recover from Defendant for the injuries and damages sustained by her minor child, M.N., in an amount in excess of $10,000.00 but below the amount necessary for diversity of citizenship jurisdiction.

WHEREFORE, Plaintiff prays that she recover judgment against Defendant in an amount in excess of $10,000.00,

1. Defendant denies the allegations contained in paragraphs one (1) through six (6) and demand strict proof thereof.

2. With regard to the unnumbered WHEREFORE paragraph following paragraph six (6), Defendant denies that Plaintiff is entitled to the relief requested.

3. Discovery in this matter has not commenced and therefore, Defendant reserves the right to amend this Answer to add additional facts or to assert additional defenses - prior to and upon the completion of discovery.

WHEREFORE, Defendant prays that the Plaintiff take nothing by way of her Petition for Friendly Suit.

The parties filed a joint application for order approving settlement and for order of dismissal with prejudice stating:

1. Plaintiff Mandy Allen is the custodial parent of M.N., a minor. M.N.’s meca1 expenses from the accident in question were paid by the Oklahoma Health Care Authority that has a lien for $2,119.47 outstanding.

2. This action arises from an automobile and pedestrian accident that occurred at the intersection of 141St Street and Elm Street in the city of Glenpool, Tulsa County, Oklahoma on October 8, 2012.

3. Defendant Rebecca Pendergrass was operating a motor vehicle that was involved in an accident with M.N., a minor, who was a pedestrian.

4. As a result of the accident, M.N. sustained bodily injuries and has sought medical attention there for.

5. Plaintiff Mandy Allen, individually and as parent and next friend of M.N., a minor, has entered into a settlement agreement with Defendant Rebecca Pendergrass and her insurance carrier Access Insurance Company.

6. Access Insurance Company has tendered its policy limit of $25,000.00 to the Plaintiff Mandy Allen, individually and as parent and next friend of M.N., a minor, pursuant to the liability coverage provisions of the insurance policy.

7. Mandy Allen, individually and as parent and next friend of M.N., a minor, have agreed to forever release and discharge Defendant Rebecca Pendergrass and Access Insurance Company from any and all claims arising out of said automobile/pedestrian accident.

8. It is specifically understood between the parties to the settlement agreement that the payment, which amounts to a total sum of $25,000.00, is not an admission of liability on the part of Defendant Rebecca Pendergrass or Access Insurance Company, but that it is merely being paid in compromise of a disputed claim to avoid litigation.

9. The parties to this settlement state that this settlement is entered into of their own free will and that they believe the settlement to be just and fair.

10. It is stipulated and agreed that there is a dispute concerning liability for this claim and that comparative negligence would be asserted in any litigated action. That as a result of this lawsuit, there could be attorney fees and costs so as to use a greater portion of the available funds for litigation expenses rather than for the use and benefit of the minor child, M.N. The parties agree that settlement without contested litigation will be in the best interests of the minor child, M.N.

WHEREFORE, Plaintiff Mandy Allen, individually and as parent and next friend of M.N., a minor, and Defendant Rebecca Pendergrass and Access Insurance Company, respectfully request this Court to approve the settlement as set forth in the above paragraphs and further, respectfully request the Court to order the claims of the Plaintiff against the Defendant and insurance carrier to be dismissed with prejudice.

Outcome: Settled for $25,000 with court approval and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: