Date: 12-21-2012

Case Style: Rita Yargee v. William Conley Boaz

Case Number: CJ-2010-4189

Judge: Linda G. Morrissey

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: James R. Lloyd

Defendant's Attorney: Loyal J. Roach and Steven V. Buckman

Description: Rita Yargee sued William Conley Boaz on an auto negligence theory claiming to have been injured in a car wreck caused by Boaz in Tulsa County, Oklahoma. Plaintiff also sued Oil Capitol Coach, LLC on a respondeat superior theory claiming that Boaz was acting for it at the time of the accident.

This action arises out of an automobile accident that occurred on or about the 2nd day of October, 2009, in Tulsa County, Oklahoma. Felix Singleton was a passenger in a vehicle dri en by Plaintiff Rita Yargee when it struck a limousine driven by Defendant William Boaz. Ms. Yarg and the minor child allege the limousine negligently turned in front of the vehicle driven by Ms. Yargee. The limousine was owned by Defendant Oil Capital Coach, LLC, and Defendant William
Boaz was operating the limousine in his capacity as an employee of Defendant Oil Capital Coach,
LLC. Defendant Oil Capital Coach, LLC, is insured under a policy of insurance managed by
National Indemnity Company.

Outcome: JOINT APPLICATION FOR ORDER APPROVING
SETTLEMENT AND FOR ORDER OF DISMISSAL WITH PREJUDICE

COMES NOW the Plaintiff, Rita Yargee, as Guardian of Felix Singleton, a minor, and the Defendants, William Boaz and Oil Capital Coach, LLC, and make joint application to this Court for an order approving settlement between the parties, appointment of a guardian ad litem and/or next
friend foi resolving this lawsuit, and for an Order dismissing with prejudice the claims of the Plaintiff Rita Yargee, as Guardian of Felix Singleton, a minor In support of this application, the parties’advisethe Court as follows:

1. Plaintiff Rita Yargee asserts status as the legal guardian of Felix Singleton, a minor She incurred medical expenses on his behalf, to wit: $1,996.00. Rita Yargee requests to be appointed as next friend and/or guardian ad litem for the minor child.

2. This action arises out of an automobile accident that occurred on or about the 2nd day of October, 2009, in Tulsa County, Oklahoma. Felix Singleton was a passenger in a vehicle dri en by Plaintiff Rita Yargee when it struck a limousine driven by Defendant William Boaz. Ms. Yarg and the minor child allege the limousine negligently turned in front of the vehicle driven by Ms.
Yargee. The limousine was owned by Defendant Oil Capital Coach, LLC, and Defendant William
Boaz was operating the limousine in his capacity as an employee of Defendant Oil Capital Coach,
LLC. Defendant Oil Capital Coach, LLC, is insured under a policy of insurance managed by
National Indemnity Company.

3. As a result of the accident, Plaintiff Felix Singleton, a minor, was treated at Care Family Medical at Rita Yargee’s request.

4. The Plaintiff, Rita Yargee, as Guardian of Felix Singleton, a minor, has entered into a settlement agreement with the Defendants, William Boaz and Oil Capital Coach, LLC. Defendant Oil Capital Coach, LLC’s insurance carrier (National Indemnity Company) will pay to the Plaintiff, Rita Yargee, as Guardian of Felix Singleton, a minor, the total sum of $4,500.00 pursuant to the liability coverage provisions of the insurance policy managed by National Indemnity Company for coverage on behalf of Defendants. In exchange for the receipt of this payment from the Defendants, Plaintiff Rita Yargee, as Guardian of Felix Singleton, a minor, has agreed to forever release and discharge the Defendants, William Boaz and Oil Capital Coach, LLC, and National Indemnity Company from any and all claims arising out of said accident.

5. It is specifically understood between the parties to the settlement agreement that the payment of $4,500.00 is not an admission of liability on the part of the Defendants, William Boaz and/or Oil Capital Coach, LLC, or on the part of the insurance carrier, National Indemnity Company, but that it is merely paid in compromise of a disputed claim in order to avoid litigation.

6. The parties to this settlement state that this settlement is entered into of their own free will and that they believe the settlement to be just and fair.

7. It is stipulated and agreed that there is a dispute concerning liability of this claim and
that contributory negligence, negligence of third parties, reasonable and prudent action by Defendant Boaz, and negligence on the part of Rita Yargee would be asserted in any litigated action. That as a result of a lawsuit, there could be attorney fees and costs so as to use a greater portion of available funds for litigation expenses rather than for the use and benefit of the minor child. The parties agree that settlement without contested litigation will be in the best interest of the minor child, Felix Singleton.

WHEREFORE, the Plaintiff, Rita Yargee, as Guardian of Felix Singleton, a minor, and the Defendants, William Boar and Oil Capital Coach, LLC, respectfully request this Court to appoint a guardian ad litem for the minor child, approve the settlement agreement as set forth in the above paragraphs and further respectfully request the Court to order the claims of the Plaintiff, Rita Yargee, as Guardian of Felix Singleton, a minor, against the named Defendants, William Boaz and Oil Capital Coach, LLC, dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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