Date: 02-05-2013

Case Style: Alan Perry, as parent guardian and next friend of Casey Perry, a minor

Case Number: CJ-2012-7963

Judge: Thomas E. Prince

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Pro Se

Defendant's Attorney: Ryan M. Oldfield

Description: 1. The parties agree that this Court has jurisdiction and venue over this action.

2. Plaintiffs, Alan Perry is the natural parent, next friend and guardians of Casey Perry, a minor.

FIRST CAUSE OF ACTION

3. The incident giving rise to this action occurred on or about the 7th day of March 2011 at or near the intersection of Epperly Dr. and S.E. 39tb Street in Oklahoma County, State of Oklahoma. As a result of said incident, the minor Plaintiff has a disputed claim for damages against the Defendant who denies liabil3ty for the alleged injuries and damages suffered by said minor and by way of compromise, has offered to settle this matter for the sum of Fifteen Thousand Dollars and 00/ [00 ($15,000.00) in consideration of a full and final release and discharge of and from all claims, charges, and demands of said minor arising from said incident.

4. The Plaintiffs have investigated the facts surrounding and pertaining to the incident herein and the parties involved herein, and believes and alleges that said proposal of the above named parties to be in the best interest of said minor, fully understanding that if the compromise herein proposed is approved by this Court and consummated, Plaintifl, Alan Perry will be forever barred and prevented from seeking further recovery of compensation from, the Defendant, even though the injuries sustained might worse, or be in the future, more serious than now believed.

SECOND CAUSE OF ACTION

For theft second cause of action against the Defendant, Plaintiffs, Alan Perry individually and as parents, next friends and guardians of Casey Perry, a minor child, states and alleges as follows:

1. Plaintiffs adopts by reference the allegations contained in the First Cause of Action and further states that as a result of the injuries sustained by said minor, it was necessary to seek medical treatment and care, and said minor has incurred and will incur in the future medical expenses and further, Plaintiffs have lost and will lose services of said minor.

WHEREFORE, Plaintiffs, Alan Perry, individually, as parents, next friends and guardians of Casey Perry, his minor child, prays for judgment against the Defendant, Modesa Perry, in the First and Second Cause of Action in the total sum of Fifteen Thousand Dollars and OOTOO($15,000.OO).

Defendant appeared and answered as follows:

Without admission of liability, the Defendant have offered to pay the Plaintiffs, Alan Perry, individually and as parents, next friends and guardians of Casey Perry, a minor, the total sum of FIFTEEN THOUSAND and 00/100 ($15,000.00), said amount not to be deemed as an admission of liability on the part of said Defendants, but that said payment is merely paid in compromise of a disputed claim mt order to avoid litigation.

Said payment in the amount of FIFTEEN THOUSAND and 00/100 ($15,000.00) is conditioned upon the Plaintiffs and upon authority and Order of this Court approving the settlement between the parties and approving an Order dismissing with prejudice the claims of the Plaintiffs.

Now on this 25th day of January, 2013 this matter comes on before the undersigned Judge upon the Joint Application for Court Approval and Settlement and for Court Order and Dismissal With Prejudice submitted by Plaintiffs and Defendant. The Joint Application seeks the Court’s approval of a settlement agreement entered into between the Plaintiffs and Defendant, and requests the Court to Dismiss With Prejudice the claims of the Plaintiffs. The Court, after having reviewed stipulations included in the parties’ Joint Application, after hearing sworn testimony of the Plaintiffs, and being fully advised in the premises finds as follows:

1. Alan Perry is the parent, next friend and guardian of Casey Perry, a minor.

2. This action arises out of an incident occurring on March 7th, 2011. As a result of this incident, it is claimed that the minor Plaintiff has sustained personal injuries resulting in medical treatment and medical expenses.

3. Jurisdiction and venue are proper for this Court to approve or disapprove of the settlement agreement reached by the parties for the minor child, Casey Perry.

4. A settlement agreement has been entered into between the Plaintiffs and Defendant, whereby the total sum of FIFTEEN THOUSAND DOLLARS and 00/100 ($15,000.00) for the claims of Casey Perry, a minor, is to be paid to the Plaintiff, Alan Perry, individually and as parent, next friend and guardian of Casey Perry, a minor; and in consideration for an executed full parent guardian release and indemnity agreement on behalf of said minor for any and all claims that may exist, now or in the future, arising out of or from the afore mentioned incident, against the Defendant and contingent upon this Court ordering the Plaintiffs claims to be Dismissed With Prejudice.

5. The settlement agreement referred to in the above Paragraphs is fair, just, and equitable and is entered into by the Plaintiffs of their own free will and after being made fully aware of the circumstances.

6. The Plaintiffs are aware that Casey Perry, a minor, has a right to a jury trial and said minor has a right to await reaching the age of majority, and up to one year thereafter, before bringing this action, and by entering into this settlement agreement has affirmatively agreed to waive said rights against said Defendant.

7. The compromise of this disputed claim is in no way to be construed as an admission of liability by the Defendant or any other party and shall not be admitted into evidence in any proceeding other than reinforcement of this Order.

8. The Plaintiffs fully understand that this is a full, final and complete settlement of all claims against this Defendants arising out of this incident.

9. Plaintiff, Alan Perry, shall within 20 days of approval of this Court of the settlement agreement, satisfi all outstanding liens for services rendered by health care providers to the above mentioned minor Plaintiff for treatment of injuries suffered as mentioned in the Plaintiffs’ Petition, secure from such health care providers promptly executed lien releases, file such releases with the appropriate governmental agencies, and furnish copies of such executed and filed releases to the attorney for the Defendants. In the event such liens are not satisfied by the Plaintiffs, then Defendants, and/or Safe Auto Insurance Company is compelled to satisfy such liens Plaintiffs shall indemnify any payments made by or that they are required to be made in satisfaction by Defendants and Safe Auto Insurance Company.

10. Upon entry of this Order, this Court shall retain jurisdiction for the purpose of considering any motion or application to enforce the terms of the settlement agreement by this Order and to grant or deny any relief with respect to such settlement agreement that the court may determine a party to the agreement if entitled to receive.

11. The above mentioned settlement agreement is in the best interest of the above- mentioned minor and should be approved.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Joint Application for Court Approval of Settlement and for Court Order of Dismissal With Prejudice filed by the parties to this action should be, and the same is hereby, granted, and as this Court approves the terms of the settlement agreement as set out herein further, this Court dismisses with prejudice the claims of the Plaintiffs against the Defendants and hereby authorizes the Plaintiffs, Alan Perry, individually and as parent, next friend, and guardian of Casey Perry, a minor, to enter into and execute any settlement documents or releases necessary to complete t ement of this matter.

Outcome: Settlement for $15,000 approved. Case dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: