Date: 01-31-2013

Case Style: Lisa Deskin v. Michael Caldwell

Case Number: CJ-2011-1856

Judge: Tracy Schumacher

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: David Bernstein

Defendant's Attorney: William J. Molinsky and Naureen Hubbard for Michael Caldwell

Description: Lisa Deskin, Kourtney Dodd, Kyle Dodd and Zane Dodd sued Michael Caldwell on auto negligence theories claiming:

1. On March 28, 2010, there was a collision in Cleveland County, Oklahoma, involving a vehicle driven by Defendant Michael Caldwell and a vehicle driven by Plaintiff Lisa Deskin in which Kourtney Dodd and Zane Dodd were traveling as passengers.

2. Said collision was caused by Defendant’s negligence of driving the wrong way and inattentive driving, causing Plaintiffs to each suffer damages in an amount not yet determined, but believed to be in excess of $75,000.00, and KYLE DODD to be responsible for medical bills of his minor son, ZANE DODD, in an amount not yet determined, but believed to be approximately $45,431.38.

3. Defendant violated 47O.S. §11-901, which is negligence per se, causing Plaintiffs to suffer damages as set forth above.

4. In the event Defendant Clarence Hoeffiwr was uninsured or underinsured, Defendant State Farm Mutual Automobile Insurance Company and Defendant GEICO Indemnity Company are also liable for Plaintiff’s damages as set forth above.

WHEREFORE, Plaintiffs request that they each be granted judgment against the Defendants in an amount not yet determined, but believed to be in excess of $75,000.00 actual damages, interest, and costs of this action.

Defendant appeared and answered as follows:

1. Defendant Caidwell admits the allegations contained in Plaintiffs’ Petition, Paragraph 1.

2. Defendant Caldwell denies the allegations contained in Plaintiffs’ Petition, Paragraphs 2 and 3.

3. Defendant Caldwell is without sufficient information to admit or deny the allegations contained in Plaintiff’s Petition, Paragraph 4.

AFFIRMATIVE DEFENSES

1. Denial of negligence.

2. Plaintiff Lisa Deskin was negligent and Plaintiff’s negligence bars or reduces her recovery against this Defendant.

3. Plaintiffs were not injured or injured as severely as alleged.

4. Plaintiffs’ alleged injuries/damages were not directly caused by Defendant’s alleged negligence.

5. Defendant reserves the right to amend his answer as discovery has only started in this matter.

Outcome: On this 15th day of January 2013, this case comes on for hearing on the Joint Motion of the Plaintiffs and Defendant seeking Court Approval of the Settlement Agreement on behalf of Zane Dodd, a minor. The Plaintiff Kyle Dodd, individually, and as parent of Zane Dodd, a minor, appears in person and by his attorney of record David Bernstein. Defendant Michael Caidwell, appears by his attorney of record, Bill Molinsky of Molinsky Law Finn, P.C. The parties announce that they have reached a compromise settlement of the Plaintiff’s claims against the Defendant and request the Court approve the settlement because Zane Dodd is a minor.

Having considered the statements of counsel and the testimony of witnesses sworn in open court, as well as documentary evidence introduced in support of the joint motion, the Court makes the following findings.

1. The Court has jurisdiction over the person of Defendant Michael Caldwell. Venue of this action is proper in this Court. The Court has jurisdiction to determine if the settlement agreement reached by the parties should be approved because Zane Dodd is a minor.

2. Zane Dodd was born June 10, 2003. His parent and next friend is Plaintiff Kyle Dodd. Kyle Dodd is the proper party to bring this action as parent of his minor child Zane Dodd.

3. On March 28, 2010, at U.S. Highway 77 near Noble Estates Lane in Slaughterville, Cleveland County, Oklahoma, Zane Dodd, a minor, was injured in an automobile accident.

4. Plaintiff Kyle Dodd alleges that Zane Dodd is entitled to recover damages from Defendant Michael Caidwell by reason of the injuries he/she suffered on March 28, 2010. Plaintiff Kyle Dodd alleges that he is entitled to further damages he suffered by reason of the injuries sustained by his child, Zane Dodd from Defendant Michael Caldwell.

5. The Plaintiffs and Defendant Michael Caldwell have agreed to a compromise settlement of the Plaintiffs claims against Defendant Michael Caldwell, as follows:

a. A payment of Sixty Thousand, Four Hundred Thirty-One Dollars ($60,431.00) to be made by Michael Caidwell to Plaintiffs.

b. The foregoing payment will be made in exchange for a full and complete release of Defendant Michael Caidwell.

c. Plaintiff Kyle Dodd, shall within 20 days of approval of this Court of the settlement agreement, satisfy the outstanding lien to Norman Regional health System for services rendered to Zane Dodd for treatment of injuries suffered by him on March 28,2010, request from such health care provider a promptly executed and filed lien release, and furnish a copy of said lien to the attorney for the Defendant. In the event such liens are not satisfied by the Plaintiff Kyle Dodd and/or Zane Dodd, and Defendant Michael Caldwell is compelled to satisfy such liens, Plaintiff Kyle Dodd and/or Zane Dodd shall indemnify any payments made by or that they are required to be made in satisfaction by Defendant Michael Caldwell.

6. In entering into these settlement agreement it is the intention of the Defendant Michael Caldwell, to compromise doubtful or disputed claims of the Plaintiff against the Defendant.

7. The foregoing settlement agreement is fair, reasonable and in the best interest of the minor child Zane Dodd.

8. The Court finds it is in the best interest of the minor, Zane Dodd to authorize his parent and next friend, Kyle Dodd to execute a release for all claims of Zane Dodd against the Defendant Michael Caldwell and Michael Caldwell arising out of or to arise out of the injuries suffered by Zane Dodd on March 28, 2010 at U.S. Highway 77 near Noble Estates Lane in Slaughterville, Cleveland County, Oklahoma.

9. The monies to be received by the Plaintiff Kyle Dodd prior to the date Zane Dodd attains the age of 18, shall be deposited into an account of Plaintiff, Kyle Dodd’s choosing in accord with 12 O.S. § 83.

10. The Plaintiff Kyle Dodd is authorized to execute a Release and settlement agreement
on behalf of his/her minor child Zane Dodd, releasing all claims of Zane Dodd which
arise or may arise by reason of any injuries sustained by Zane Dodd on March 28,
2010.

11. By approving the compromised settlement agreement reached by the parties, the Court does not make an finding of liability in favor of or against the Plaintiff or settling Defendant.

12. 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 to deny any relief with respect to such settlement agreement that the Court may determine a party to the agreement is entitled to receive.

Plaintiff's Experts:

Defendant's Experts:

Comments: