Case Style: Kristin Burren v. Stephanie Dail
Case Number: CJ-2011-1878
Judge: Tom A. Lucas
Court: District Court, Cleveland County, Oklahoma
Plaintiff's Attorney: Joe B. Lawter, Norman, Oklahoma
Defendant's Attorney: Anthony L. Bonner, Oklahoma City, Oklahoma
Description: COMES NOW the Plaintiff, and for her cause of action against the Defendant herein, states as foliows:
1. On August 19, 2011, there was a collision in Cleveland County, Oklahoma, involving a vehicle driven by Defendant in which Plaintiff was a passenger.
2. Said collision was caused by Defendant’s negligence, causing Plaintiff to suffer damages in an amount not yet determined, but believed to be in excess of $75,000.00.
3. Defendant violated Title 47 of the Oklahoma Statutes, which is negligence per se, causing Plaintiff to suffer damages as set forth above.
4. In the event Defendant Stephanie DalI was uninsured or underinsured, Defendant Liberty Mutual Fire Insurance Company is also liable for Plaintiffs damages as set Corth above.
WHEREFORE, Plaintiff demands judgment against defendants in the sum not yet determined, but believed to be in excess of $75,000.00, interest, and costs.
Defendant did not file an Answer in this case.
Outcome: ON THIS 10th day of July, 201Z, this case comes on for hearing on the Joint Application to approve compromised settlement of the Plaintiff and Defendant by consent of these parties. The Plaintiff, Kristin Burress, individually, and as parent and next friend and/or guardian of Bailey McCurdy, a minor, appears in person and by attorney of record, Joe B. Lawter; Defendant, Stephanie Dail, appears by and through attorney, Anthony L. Bonner, Jr. That the parties, through counsel, announce that they have agreed to a compromised settlement of the claims of the Plaintiff alleged against the Defendant and move the Court to approve such settlement. 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 Application, the Court makes the following findings and orders:
1. The Court has personal and subject matter jurisdiction. Venue of this action is proper in this Court.
2. Bailey McCurdy was born January 28, 1995. The Plaintiff, Kristin Burress, is the parent and next friend and/or guardian of the minor and is the proper party to bring this action.
3. On Friday, August 19, 2011, in Cleveland County, Oklahoma, the minor was injured in an accident. As a result of said accident, the minor sustained injuries.
4. Plaintiff allege that the minor is entitled to recover damages from the Defendant by reason of the injuries suffered on Friday, August 19, 2011, and further allege that such damages were caused by the negligence of the Defendant. Defendant has denied liability. The parties have agreed to a compromised settlement as follows:
(a) A payment of $25,000 to be made by Allstate Insurance Company on behalf of Defendant.
(b) The foregoing payment will be made in exchange for a full and complete release of the Defendant and Allstate Insurance Company.
(c) Plaintiff, shall within twenty (20) days of approval by this Court of thee. settlement agreement, satisfy all outstanding liens for services rendered by health care providers to the minor, for treatment of any and all injuries suffered by the minor on Friday, August 19, 2011, and shall 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 Defendant.
6. By entering into this settlement agreement, it is the intention of the Defendant to compromise doubtful or disputed claims of the Plaintiff. By entering into such agreement, The Defendant does not admit any liability to the Plaintiff upon his/her claims.
7. The foregoing settlement agreement is fair, reasonable and in the best interest of the minor.
8. The Court finds it is in the best interest of the minor to authorize the parent and next friend to execute a release for all claims of the minor against the Defendant, arising out of or to arise out of the injuries suffered by the minor on Friday, August 19, 2011.
9. The monies to be received by the Plaintiff, as parent and next friend and/or guardian of the minor shall be deposited into an account of Plaintiff choosing in accord with 12 O.S. Sec. 83.
10. The Plaintiff is authorized to execute a Release and settlement agreement on behalf of the minor, releasing all claims of the minor against the Defendant, which arose or may arise by reason of any injuries sustained on Friday, August 19, 2011.
11. By approving the compromised settlement agreement reached by the parties, the Court does not make any finding of liability in favor of, or against the Plaintiff or settling Defendant, and the entry of this Order shall not be construed as an admission of liability by 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.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED.