Date: 06-26-2014

Case Style: Kerry Hensley v. Brandon Jennings

Case Number: CJ-2014-2848

Judge: Patricia G. Parrish

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Jeremy A. Thurman

Defendant's Attorney: Heather Dawn Munzuris

Description: Kerry Hensley and Vicki Hensley, individually and as grandparents and next friends of P.J.T., a minor v. Brandon Jennings and Oklahoma Farm Bureau Mutual Insurance Company

Issue # 1.
Issue: FRIENDLY SUIT (SUIT)
Filed by: Hensley, Kerry
Filed Date: 05/16/2014
Party Name: Disposition Information:

Defendant: Jennings, Brandon
Disposed: ORDER APPROVING SETTLEMENT, 06/26/2014. Judge.

Plaintiff: Hensley, Kerry
Disposed: ORDER APPROVING SETTLEMENT, 06/26/2014. Judge.

Plaintiff: Hensley, Vicki
Disposed: ORDER APPROVING SETTLEMENT, 06/26/2014. Judge.

Minor: P.j.t.,
Disposed: ORDER APPROVING SETTLEMENT, 06/26/2014. Judge.

Defendant: Oklahoma Farm Bureau Mutual Insurance Company
Disposed: ORDER APPROVING SETTLEMENT, 06/26/2014. Judge.

Pursuant to Oklahoma case law and 12 0.5. § 83, Plaintiffs request this Court’s approval of settlement for a minor and further seek an order placing remaining kinds, after authorized disbursements, into an interest bearing, restricted account at one or more federally insured banking, credit union or savings and loan institutions until the minor reaches the age of majority or authorization by fiwther Court order. Plaintiffs offer the following in support thereof:
I. The October 12,2013 auto accident at issue occurred in Oklahoma County.
2. Plaintiffs Keny and Vicki Hensley are custodial grandparents of P.J.T., a minor who suffered personal injuries while a passenger in a vehicle, operated byBrandon Jennings.
3. Plaintiffs Kerry and Vicki Hensley, indIvidually, incurred and will incur medical expenses for treatment and care of and have lost services of PIT. as a result of the accident.
4. Defendant Brandon Jennings’ liability carrier, Oklahoma Farm Bureau Mutual Insurance Company (Farm Bureau), denies liability but has offered $redaeted in bodily injury coverage consideration for a fill and final release and discharge of and from all claims, charges and demands of Plaintiff arising from the accident.
5. Farm Bureau, under the auto policy held by Brandon Jennings, has offered $redacted in underinsured motorist coverage to PIT., minor.
6. Plaintiffs investigated ficts surrounding the accident and thà parties involved and believe Defendants’ settlement offers are in the best interest of P.J.T., fully understanding that if approved by the Court, they will be forever barred and prevented from seeking further r,ecovery from Defendant Brandon Jennings and liability carrier, Farm Bureau, even thau*h ini&ies may worsen or are more serious than believed.
Plaintiffs pray this Court approve this settlement involving a minor child.

Outcome: ORDER OF APPROVAL OF MINOR’S SETTLEMENT AND FOR RESTRICTED ACCOUNT (REDACTEI) FOR THE PURUQ AND DISMISSAL WiTH PREJUDICE
Pursuant to Plaintiffs’ petition, Oklahoma case law and 12 O.S. § 83, the parties seek approval of a settlement agreement whereby Plaintiffs release and indenmif,r Defendant Brandon Jennings and liability carrier Oklahoma Farm Bureau Mutual Insurance Company (Farm Bureau), against all claims arising from the accident at issue and further request the Court dismiss Plaintiffs’ claims with prejudice. After reviewing the stipulations and sworn testimony of the parties, the Court finds:
1. This Court grants the parties’ request to file this document under seal pursuant to Rule
31, 12 O.S. Ch. 2, App. of the Rules for the District Courts of Oklahoma and deliver one (1) filed copy each to and for the parties, counsel, auto insurer and bank, credit or savings and loan institution so that the parties, counsel and auto insurer will have a proper record of the figures and so that the bank, credit or savings and loan institution will know when and to whom to release hands. A redacted version with only the minor’s initials and no date of birth or figures will be filed for the public.
2. Venue and jurisdiction are proper.
3. Kerry and Vicki Hensley are the natural and custodial grandparents of P.J.T., minor born redacted and who suffered personal injuries as a result of the October 12, 2013 Oklahoma County auto accident,
4. The grandparents, individually, claim that as a result of the accident, medical expenses for treatment and care of the minor have been incurred and will be incurred and that the grandparents have lost services of the minor.
5. The parties have entered a settlement agreement whereby Defendant Brandon Jennings’ liability insurance carrier, Farm Bureau, will pay $redacted (per person limit of bodily injury liability coverage under the insurance policy between Brandon Jennings and Farm Bureau) in return for Plaintiffs’ agreement to forever release Defendant Brandon Jennings and liability insurer, Farm Bureau, from all past present and future claims and causes of action, whether now known or unknown, including but not limited to both contractual and extra-contractual, arising out of the accident or any applicable insurance policies and contingent upon Plaintiffs dismissing all claims with prejudice. Defendant Jennings does not admit liability but offers this settlement in order to avoid litigation.
6. Defendant Farm Bureau has also offered the per person uninsured motorist coverage limit under the auto policy of insurance between Brandon Jennings and Farm Bureau for the benefit of P.J.T., minor.
7. Per terms of the settlement, $redacted is to be disbursed immediately:
a. $redacted for benefit of the grandparents for payment and reimbursement of medical expenses related to care for the minor;
b. $redacted for medical lien holders for medical expenses related to care for the minor;
c. Sredacted for entities with a subrogation interest, including but not limited to health insurance or government assistancc, for medical expenses related to care for the minor;
d. $redacted for benefit of the grandparents for payment and reimbursement of transportation andlor lost wages related to medical care for the minor;
e. $redacted for attorney fees and costs;
f. $rcdacted to the minor; and
g. redacted shall be personally deposited by Plaintiff within 10 days from the date the Order of Apvroval of Minor’s Settlement and for Restricted Account is filed into an interest bearing, restricted account or CD at a federally insured banking, credit union or savings and loan institution, until the minor reaches the age of majority or authorization by further Court order and shall not be withdrawn without a valid Court order authorizing the withdrawal, or until the minor reaches majority. Plaintiffs shall deliver a copy of this filed Order of Approval of Minor’s Settlement and for Restricted Account to and get an executed Receipt for Minor’s Restricted Account from an officer of BancFirst. Plaintiffs shall file the executed Receipt for Minor’s Restricted Account with the Court Clerk showing the monies were deposited as ordered, The institution shall disburse remaining funds to the minor upon proper showing of identification at the time the minor obtains majority (18 years of age) without further order of this Court.
8. Plaintiffs agree to and understand the following:
a. The compromise of the disputed claim is in no way to be construed as an admission of liability by Defendant Brandon Jennings to Plaintiffs;
b. Plaintiffs shall discharge from this settlement any remaining unpaid medical expenses, medical liens and subrogation amounts due to entities;
c. Approval of this settlement by the Court extinguishes all rights of the grandparents, individually and on behalf of the minor, to bring a lawsuit and have that matter tried before a jury even though a jury might award a larger or lesser verdict or no money at all.
d. Approval of this settlement by the Court waives the minor’s right to bring a lawsuit in her own name within one (1) year of reaching majority (18 years of age).
e. Under the laws of the State of Oklahoma, the money received shall not be withdrawn until the minor reaches the age of majority (18 years of age) or by order of this Court.
f. Approval of this settlement by the Court forever and finally terminates this action such that Plaintiffs cannot come into Court at a future time aix! seek additional monies from Defendant Brandon Jennings and liability insurer, Farm Bureau, as a result of injuries the minor may have received resulting from the accident regardless of whether a change in condition is later discovered;
g. Plaintiffs have not been pressured, coerced or tricked in any manner into entering into this settlement; and
h. Plaintiffs agree the settlement agreement is fair and just and is entered into by the parties of their own free will and after being fully aware of the circumstances.
This Court orders, adjudges, decrees, grants and approves the settlement agreement as set out herein. The Court further dismisses Plaintiffs’ claims against Defendant with prejudice and orders Plaintiffs to enter into and execute any settlement documents and releases necessary to
complete the settlement including release and indemnification of Defendant Brandon Jennings and liability insurer, Farm Bureau.

Plaintiff's Experts:

Defendant's Experts:

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