Date: 11-12-2015

Case Style: Jared R Boyer, Individually and as Father and Next Friend of Jhett R. Boyer and Kinzley A Boyer, minors, v. Kelli D. Gaines

Case Number: CJ-2015-4948

Judge: Aletia Haynes Timmons

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Pro Se

Defendant's Attorney: Mike Chitwood

Description: Oklahoma City, OK - Jared R Boyer, Individually and as Father and Next Friend of Jhett R. Boyer and Kinzley A Boyer, minors, sued Kelli D. Gaines on auto negligence theory:

1. Jared R. Boyer is the Father of Jhett R. Boyer and Kinzley A. Boyer, and is bringing this cause of action individually and on behalf of Jhett R. Boyer and Kinzley A. Boyer. T e Plaintiffs are residents of Oklahoma County.
2. On or about June 28, 2013, Jhett R. Boyer and Kinzley A. Boyer were involved in an automobile accident which resulted in bodily injury caused as a result of the negligence of K lli D. Gaines.
3. As a direct result of the negligence of Kelli D. Gaines, the minor Plaintiffs suffered injuries. In addition, the Plaintiff, Jared R. Boyer, is obligated to pay medical expenses inued to date by the minor Plaintiff and may incur additional medical expenses in the future.
4. Defendant has offered to settle this matter for Twenty-Five Thousand and No/l00 Ddllars ($25,000.00) as to Jhett R, Boyer and Six Thousand Four Hundred and No/100 Dollars ($&400.00) as to Kinzley A. Boyer and Plaintiff Parent has agreed to the settlement in cohsideration for dismissing this lawsuit with prejudice and executing a full and final release of all claims.
5. Plaintiff Parent has considered and evaluated the pertinent facts regarding this incident and the injuries incurred, and believes that the proposed settlement is in the best interests of the minor(s), and fully understands that once the compromised settlement is approved by. this Court and consummated, Plaintiffs will be forever barred from seeking further recovery from the Defendant, even though the injuries might be worse or more serious in the future than now believed.

Outcome: On this 12th day of November , 2015, this matter comes on before me, the undersigned Judge of the District Court, Plaintiffs, Jhett R. Boyer and Kinzley A. Boyer, minors, appear in person and by and through their Father and Next Friend, Jared R. Boyer; and the Defendant, Kelli D. Gaines, being present by and through their counsel of record, Michael L. Chitwood.
Thereupon evidence and testimony was introduced and upon due consideration of the evidence and testimony and being filly advised in the premises, the Court finds as follows:
The parties were involved in an automobile accident which occurred on June 28, 2013, and as a result thereof, the minor Plaintiffs sustained injuries and have made claims against the Defendant. These claims are disputed both as to liability and damages.
The Plaintiff, Jared R. Boyer, is the Natural Father of the minor children and is the proper party to act as Next Friend for said minors.
A compromise settlement has been reached wherein the Defendant, Kelli D. Gaines, has offered to pay to the minor Plaintiffs by and through their Parent and Next Friend, the sum of Twenty-Five Thousand and No/lOO Dollars ($25,000.00) as to Jhett R. Boyer and Six Thousand Four Hundred and No/lOO Dollars ($6,400.00) as to Kinzley A. Boyer as full and final settlement of all claims made by said minors against the Defendant, Kelli D. Gaines, for all injuries and damages sustained by the minor Plaintiffs together with any and all damages which may arise in the future and/or for injuries known or unimown resulting from said accident, and all other claims which derive from the injuries of the minor children.
The Plaintiffs have reached an informed decision to waive their right to a jury trial in which they could receive more money, less money or no money at all.
The Plaintiffs have been informed of the minor Plaintiffs’ right to proceed on their own behalf after they reach the age of majority until the age of 19 years, and they have reached an informed decision to waive the minor Plaintiffs’ right to ajury trial.
The Plaintiffs are frilly aware of the consequences of settlement of this matter and are aware that once the Court approves this settlement, any and all claims of the parents in their individual capacities and any and all claims of the minors shall be forever barred. The Plaintiffs are also aware that any and all lien holders, and providers of any services, known and unknown, must be compensated from the proceeds of this settlement.
The Plaintiffs have not been forced or coerced, in any manner, to enter into this settlement. They have been advised that the undersigned lawyer appears on behalf of the Defendant and is not their representative. The settlement has been entered into and agreed to by the Plaintiffs without legal representation. They do so of their own free and voluntary act and not based on any representation, recommendation or advice provided by any representative of the Defendant.
The Plaintiffs understand the Defendant shall be released from any and all liability to Plaintiffs as a result of said automobile accident.
The Parent is the proper person to execute any documents on behalf of the minor Plaintiffs in relation to this approved settlement; and Jared R. Boyer is the proper person to receive any money paid pursuant to this settlement agreement for the use and benefit of the minor Plaintiffs.

Plaintiff's Experts:

Defendant's Experts:

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