Case Style: Crystal M. Warner v. Chrostopher A. Sweeden
Case Number: CJ-1010-9200
Judge: Lisa T. Davis
Court: District Court, Oklahoma County, Oklahoma
Plaintiff's Attorney: Brent D. Berry
Defendant's Attorney: Brad L. Roberson
Description: Crystal M. Warner, individually and as mother and next friend of J.G., a minor, and M.W., a minor sued Christopher A. Sweeden on negligence theories claiming:
COMES NOW the Plaintiff, Crystal M. Warner,
Friend of Jordan Gray, a minor, and Maddeline Warner,
against the Defendant alleges and states:
1. On the 18th day of May, 2010, at Kelly Avenue and Edmond Road, Edmond,
Oklahoma, Defendant negligently caused a motor vehicle collision with a vehicle driven by the
Plaintiff, Crystal M. Warner, and occupied by the minor Plaintiffs, Jordan Gray and Maddeline
2. As a result of Defendant’s negligence, Plaintiffs suffered damages as follows:
a. Medical expenses incurred and expected to be incurred in the future;
b. Mental and physical pain and suffering, past and future; and
c. Permanent, disabling injuries;
d. Loss of wages; and
e. Other damages to be set forth after discovery;
all of which are in excess of Seventy Five Thousand dollars ($75,000).
individually, and Next
a minor, and for their cause of action 3. As a result of the Defendant’s conduct, Plaintiff suffered property damages which resulted in a diminution of value in her vehicle in an amount of $3,500.00.
WHEREFORE, Plaintiffs demand judgment against Defendant as set forth above, their costs, interest, and other such relief as the Court shall seem equitable and proper.
Outcome: NOW on this 19th day of April 2012, this cause comes on before The Honorable Lisa T. Davis, the undersigned Judge of the District Court in and for Oklahoma County, State of Oklahoma, pursuant to agreement of all parties. Plaintiff, Crystal M. Warner, Individually and as Mother and Next of Friend of M.W., a minor, (“Plaintiff”), appearing in person and through her counsel of record, Brent D. Berry, of CARR & CARR; Defendant, Christopher A. Sweeden (“Defendant”), appearing through his counsel of record, Aaron P. Budd, of PIGNATO, COOPER, KOLKER & ROBERSON, P.C., has agreed to pay Crystal M. Warner, as Mother and Next of Friend of M.W., a minor, the sum of One Thousand Three Hundred Dollars ($1,300.00) in exchange for the release and discharge of Defendant from any and all claims that Plaintiff might have arising from the accident giving rise to this lawsuit.
It is further stated to the Court by all parties that the settlement agreement is fair and reasonable, is freely and voluntarily entered into by all concerned, and that all parties wish to have the Court approve said settlement.
Whereupon, the Court proceeded to hear the evidence of witnesses. The Court finds that the settlement is in the best interest of the minor and should be approved.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that the Plaintiff, Crystal M. Warner, as Mother and Next Friend of M.W., a minor, is hereby awarded the total sum of One Thousand Three Hundred Dollars ($1,300.00), inclusive of all costs, interest and attorneys fees, if any. Settlement is in the best interest of the minor, M.W., and should be approved. The funds should be allocated as follows:
a. Two Hundred Fifteen Dollars and 24/00 Cents ($215.24) made payable to Blue Cross/Blue Shield of Oklahoma in exchange for the release of its lien;
b. Four Hundred Thirty-Three Dollars and 33/00 Cents ($433.33) made payable to CARR & CAR1 for legal services rendered to Crystal M. Warner, Individually and as Mother and Next Friend of M.W., a minor;
c. Eighteen Dollars and 43/00 Cents ($18.43) made payable to CARR & CARR for costs associated with the claims presented by Crystal M. Warner, Individually and as Mother and Next Friend of M.W., a minor; and
d. Six Hundred Thirty-Three Dollars ($633.00) made payable to Crystal M. Warner, Individually and as Mother and Next Friend of M.W., a minor.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED, pursuant to 12 O.S. § 83, that the settlement proceeds of the minor, M.W., in the amount of $633.00 shall be deposited in one or more federally-insured banking, credit union or savings and loan institutions, or invested by a trust department of a banking institution, approved by the Court, and that these funds not be withdrawn without order of the Court authorizing future withdrawals, unless and until the minor child reaches the age of majority. The parties have informed the Court that the minor, N.W.’s proceeds will be deposited at the following financial institution: Bank First, which the Court finds reasonable.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this case be transferred to the probate division of the Oklahoma County District Court.