Date: 11-15-2015

Case Style: Dwayne Britton v. Wyatt Denton

Case Number: CJ-2015-355

Judge: Stephen R. Kistler

Court: District Court, Payne County, Oklahoma

Plaintiff's Attorney: Pro Se

Defendant's Attorney: Ashley Bibb

Description: Stillwater, OK Dwayne Britton sued Wyatt Denton on a negligence (friendly suit) basis claiming:

That on or about the 11th day of May, 2014, the minor, Josie Piotrowski, was involved in an accident, wherein said minor allegedly sustained variOus injuries. As a result of the accident, the injured minor and the minor’s legal guardians, Dwayne Britton and Ruth Britton (Hereinafter referred to as the “CLAIMANTS”) have asserted a claim against Co-Petitioners, Wyatt Denton, Donna Denton and Jeff Denton (Hereinafter referred to as the “Respondents”). Said claim is disputed both as to liability and damages.
The legal guardians of the injured minor appear to assert the injured minor’s claim and also to assert the legal guardians’ individual claim for damages and expenses sustained by the legal guardians arising out of the minor’s injuries.
A compromise agreement has been reached wherein the Respondents have offered to pay to
the legal guardians, individually, the sum of $3,479 .07, representing their claim for all necessary and incidental expenses, past and future, incurred or to be incurred because of the alleged injuries to the injured minor, and for loss of love, services and affection of the minor child due to said alleged injuries.
Further, the Respondents have offered to pay to the injured minor, by and through her legal guardians, the sum of $13,520.93, representing full payment for pain and suffering, both past and future, permanent disability, disfigurement and any other claim the minor child may have now, or which may arise in the future, known or unknown, resulting from said accident.
The legal guardians, in their individual capacity, have agreed to pay their own attorney’s fees where applicable, any and all outstanding medical bills, hospital liens, physicians liens, insurance subrogation claims, or any other claims against proceeds of this settlement from the funds given to them individually, and have agreed to indemnify the Respondents from any further loss or claims by any medical provider, lien Claimant or subrogated Claimant,
That each of the petitioners believe that the settlement is fair, equitable and in the best interest of the minor child and each 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 co-petitioners.
Petitioners 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 legal guardians, will be barred from seeking further compensation from the Respondents or their insurance carrier, should the injured minor’s condition change or new injuries develop or be discovered even if they now exist after the settlement is approved by the Court.
Petitioners are also aware that by so settling the case that both the injured minor and the minor’s legal guardians are giving up their right to file a civil action against the Respondents. If such civil action were pursued, the Petitioners are aware that a jury may award either greater or lesser damages than those received in this settlement. Petitioners are aware that by settling this matter any extended statute of limitation available to the minor is waived.
Petitioners are aware that upon approval of the settlement and payment of the settlement proceeds that all claims will be deemed satisfied as a matter of law whether direct or derivative and that each of them shall be forever barred from making further claims.
WHEREFORE, the Petitioners 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 amount of $13,500 approved by the Court and case dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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