Date: 05-03-2013

Case Style: Kale Kai Dorsai v. Community Food Bank

Case Number: CJ-2013-623

Judge: Dana Kuehn

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Matthew Reinstein

Defendant's Attorney: John J. Bowling

Description: On November 23, 2011, the minor Plaintiff, Justin Combs, was involved in an automobile accident in Catoosa, Oklahoma As a result of the incident, Kale Kai D’Orsai and Dusty D’Orsai as Parents and Next Fnend of Justin Combs, a mmor, have asserted a claim against the Defendant Community Food Bank. This claim is both disputed as to liability and damages.

II.

Kale Kai D’Orsai and Dusty D’Orsaj as Parents and Next Friend of Justin Combs, a minor, appear in person to assert the minor’s claim for damages and expenses sustained by the parties arising out of the minor’s alleged injuries.

III.

A compromise agreement has been reached wherein Defendant has offered and Plaintiffs have accepted the following settlement amount:

A. Justin Conmbs, Twelve Thousand, Seven Hundred Dollars and zero cents ($12,700.00).

These monies are for a settlement of any and all claims of the minor child arising out of the incident of November 23, 2011. This compromise agreement extends to the Parent’s claims for all necessary and incidental expenses, past and future; loss of past earnings and future loss of earnings or impairment or earning capacity through age eighteen (18); loss of past household or similar services, past and future; and any and all other expenses related to the alleged injuries received by the minor child in this accident.

IV.

This compromise agreement also includes compensation to the minor for past and future pain of body and mind, past and future expenses for medical attention, past and future loss of income and employment opportunity, permanent injury, physical impairment, disfigurement and impairment of earning capacity.

V.

Plaintiffs, after a due and diligent search advises that the following medical expenses have been incurred by the minor child, and will be paid out of the settlement:

A. Justin Combs, Four Thousand Two Hundred Six-Nine Dollars and fifty-five cents ($4,269.55).

VI.

Plaintiffs, Kale Kai D’Orsai and Dusty D’Orsai, in their individual capacity, have agreed to pay their own fees, where applicable, and have also agreed to pay any and all outstanding medical bills, hospital liens, physician liens, insurance subrogation claims or any other claims against the proceeds of this settlement for the claims of the minor child. Plaintiffs further agree to indemnify and hold harmless the Defendant and their attorneys from any further loss or claim by any medical provider, lien claimant or subrogated interest claimant which relate to the minor’s injuries sustained in the November 23, 2011 incident.

VII.

Plaintiffs, Kale Kai D’Orsai and Dusty D’Orsai as Parents and Next Friend of Justin Combs, a minor, believe that this settlement is fair, equitable and in the best interest of the minor child, and represent to the Court that the settlement agreement was entered into free from duress or coercion by any of the parties. Plaintiffs formed their opinions with regard to the settlement based upon their own independent beliefs and not on the representation of Defendant or its attorneys.

VIII.

Plaintiffs, Kale Kai D’Orsai and Dusty D’Orsai as Parents and Next Friend of Justin Combs, a minor, are aware that the settlement, if approved by the Court, will fully compromise and conclude the subject claim of the minor and that all parties, including the minor child, will be forever barred from seeking any further compensation from this Defendant should the minor’s conditions change or new damages develop.

IX.

Plaintiffs, Kale Kai D’Orsai and Dusty D’Orsai as Parents and Next Friend of Justin Combs, a minor, is also aware that by settling this case, they are giving up their right to a jury or non-jury trial on the liability and damage issues arising out of the minor’s claim.

X.

Plaintiffs, Kale Kai D’Orsai and Dusty D’Orsai as Parents and Next Friend of Justin Combs, a minor, recognizes that if the Court approves this settlement, that all parties, including the minor child, will be forever barred from filing any future civil action against this Defendant in regards to the minor’s claim.

WHEREFORE, Plaintiffs, Kale Kai D’Orsai and Dusty D’Orsai as Parents and Next Friend of Justin Combs, a minor, and Defendant, Community Food Bank, request the Court to enter an Order approving the settlement.

Outcome: ORDER APPROVING SETTLEMENT FOR MINOR'S CLAIMS

NOW ON, this 29th day of February. 2013, this matter comes on for hearing before the uodersigned Judge of the District Court. After hearing testimony of witnesses and being fully advised in the premises. the Court makes the following findings:

1. On or about November 23, 2011, the minor Plaintiff, Justin Combs, was involved in an automobile accident in Catoosa, Oklahoma, wherein personal injuries were allegedly sustained. As a result of the accident, 4cale— -B@.I and Dusty D’Orsai as Parents and Next Friend of Justin Combs, a minor, has asserted a claim against Defendant, Community Food Bank.

2. The Court specifically finds that :Kale-Kai- emn and Dusty D’Orsai as Parents and Next Friend of Justin Combs, a minor, is the proper parties to bring this action on behalf of the minor child.

3. The Court finds that a compromise agreement has been reached within the Plaintiffs who has accepted the following amounts for the claims of the minor child:

A. Justin Combs, Twelve Thousand Seven Hundred dollars and zero cents ($12,700.00).

4. The Court finds that Plaintiff has reached an informed decision to waive his rights to trial by jury or the Court. Kale KaiD’Omai—niM-Dusty D’Orsai as Parents and Next Friend of Justin Combs, a minor, is fully aware of the consequences of settlement of this matter, and are aware that once the Court approves the settlement, that all parties, including the minor child, shall be forever barred from making any additional claims as a resuLt of the subject incident, even if the medical condition of the child does not continue as presently anticipated or additional unanticipated expenses accrue.

5. The Court finds that I e4 ‘01 and Dusty D’Orsai as Parents and Next Friend of Justin Combs, a minor, shall indemnify and hold harmless the Defendant, Community Food Bank, as well as their attorney from any further loss as set forth in the Joint Petition to Settle the Claims of Minor Child.

6. The Court has heard testimony as to the medical condition and prognosis of the minor child and has also considered the other elements of damage in this case. The Court finds this settlement aeement is fair, equitable. and in the best interest of the minor child. The Court further Finds that the agreement was entered into free from fraud, coercion or duress by any of the parties, their agents, insurers, or attorneys. The settlement agreement is herby approved by the Court.

7. The Court will allow a deduction for medical expenses for the minor, Justin Combs, in the amount of Eight Thousand Four Hundred and Thirty dollars and forty-five cents ($8,430.45).

8. The Court finds that the balance of the Nettlement is more than One Thousand and No/100 Dollars ($1,000.00), and thus, is required to be placed in a tmst account pursuant to 12 0.5. § 83, pursuant to the Court’s Supplemental Order as set forth in that Order.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the settlement of the claims of the minor child is approved.

Plaintiff's Experts:

Defendant's Experts:

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