Date: 11-05-2014

Case Style: Distin Carter and Jennifer Carter v. Ruffin Hotel of Tulsa, LLC d/b/a Wyndam Hotel Tulsa

Case Number: CJ-2014-792

Judge: Carlos Chepelle

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Greg Denney and Carla Stinnett

Defendant's Attorney: Mike Cooper

Description: COME NOW, the Plaintiffs, Kyra Jade Ford, a minor child, by and through her parents, Dustin Carter and Jennifer Carter, by and through their attorneys of record, Gregory J. Denney, Esq. and Carla R. Stinnett, Esq., of DENNEY & STINNETT, P.L.L.C., and for their cause of action against the Defendant, would allege and state as follows:
I. JURISDICTION AND VENUE
1. That Dustin Carter, Jennifer Carter and Kyra Jade Ford (hereinafter “Plaintiffs”) are residents of Tulsa County, State of Oklahoma.
2. Ruffin Hotel of Tulsa, LLC is a Limited Liability Company doing business as Wyndham Hotel of Tulsa in Tulsa County, State of Oklahoma at 101918 E.17 4jSt Street, Tulsa, Oklahoma 74146.
3 The incident out of which this suit anses occurred within the confines of Tulsa County, State of Oklahoma. This Honorable Court therefore has jurisdiction and venue over the party litigants named herein.
II. FACTS
4. On or about the 24th day of February, 2013, Dustin Carter, Jennifer Carter and Kyra Jane Ford, a minor, were business invitees at Wyndham Hotel of Tulsa in Tulsa.
5. Plaintiff Ford was using the indoor pooi maintained by the Defendant and that was provided for use by the Defendant’s business invitees.
6. Plaintiff Ford slid down the pooi slide and slipped on the mat located underwater that was attached to the bottom of the pool. Her foot slid between the mat and the bottom of the pooi. Her foot was sliced by the bolt that secured the mat to the bottom of the pool.
7. As a result, Plaintiff Ford suffered injuries, including a staph infection.
III. NEGLIGENCE
8. Plaintiffs re-allege and incorporate by reference all allegations made in
Paragraphs 1-7 herein and further allege and state the following:
9, Plaintiffs were business invitees at Wyndham Hotel of Tulsa in Tulsa and were on the premises because Defendant clearly and unequivocally invited them.
10. It was Defendant’s responsibility to maintain the equipment and premises that caused the accident.
11. Defendant failed to take reasonable steps to prevent the accident. This failure breached Defendant’s duty to Plaintiffs.
t2. The actions, inactions, and omissions of the Defendant were the direct and proximate cause of injuries sustained by the Plaintiffs.
13. That the Plaintiffs demand judgment against Defendant in an amount in excess often-thousand dollars ($10,000.00).
WHEREFORE, the Plaintiffs demand judgment against Defendant in an amount in excess of ten-thousand dollars ($10,000.00), attorney’s fees, costs and for such other and further relief to which this Court deems Plaintiffs entitled under the circumstances.


JOINT APPLICATION TO SETTLE THe CLAIM OF A MINOR
COME NOW the parties set forth above, and herein jointly pray that this Honorable Court approve the settlement agreement previously entered into between the parties, all as more fully set forth below:
1. That on or about February 24, 2013, the minor, Kyra Jane Ford, wa, i4jed on4he
premises of Defendant Ruffin Hotel of Tulsa, LLC d/b/a Wyndham Hotel Tulsa (hereinafter referred to as “Defendant”) As a result of said incident, the injured minor and the minor's parents Dustin Carter and Jennifer Carter (hereinafter referred to as “Plaintiffs”), have asserted a im against Defendant. Said claim is disputed as to liability and damages.
2. The parents of the injured minor assert the injured minor’s claim and also assert an individual claim for damages and expenses sustained as parents arising out of the injured minor’s injuries.
3. A compromise agreement has been reached wherein Defendant has offered to pay a total of Seven Thousand Five Hundred and NO/I 00 Dollars ($7,500.00) to Plaintiffs.
4. Distribution of the settlement amount of $7,500.00 shall be as follows: payment of medical expenses in the amount of $497.00 to Utica Park Clinic; payment of healthcare subrogation expenses in the amount of $77.78; payment of Plaintiffs’ attorneys’ fees and costs in the amount of $2,603.53; and the remaining amount of $4,321.69 to Plaintiffs to be put into trust for the benefit of the minor Plaintiff.
5. The parents, in their individual capacity, have agreed to pay any and all outstanding medical bills, hospital liens, physician’s liens, insurance subrogation claims, or any other claims against proceeds of this settlement, and have agreed to indemnify the Defendant from any further loss or claims by any medical provider, lien claimant or subrogated claimant.
6. That the parties each believe that the 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 either of the parties and that they have formed their opinions with regard to this settlement based upon their own independent beliefs and thoughts and not upon the representation of the other party(ies).
7. Applicants are aware that this settlement, if approved by the Court, will fully compromise and conclude the subject claims, and that the injured minor, and the minor’s parents will not be able to seek further compensation from the Defendant, or its insurance carrier, should the injured minor’s condition change or new injuries develop or be discovered after this settlement.
8. Applicants are also aware that by so settling the ease that both the injured minor, and the minor’s parents are gving up their right to file any further civil actions against the Defendant. Applicants are aware that the minor Plaintiff would otherwise have the right to file a civil action for the minor’s damages within one (1) year from the date the injured minor reached the age of majority. If such civil action were pursued, the Applicants are aware that a jury may award either greater or lesser damages than those received in this settlement.
WHEREFORE, the Applicants pray that the Court enter its Order approving the compromise agreement along with any and all other matters as required by law.

Outcome: Settlement in the about of $7,500 approved by the Court.

Plaintiff's Experts:

Defendant's Experts:

Comments: