Date: 11-02-2012

Case Style: Nestor Garcia v. John Doe

Case Number: CJ-2011-1937

Judge: Tracy Schumacher

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Hansen Dirani

Defendant's Attorney:

Description: COMES NOW Plaintiff for his claims for relief against the Defendant. Plaintiff would
respectfully show the Court the following: r

JURISDICTION AND VENUE

1. Plaintiff is an individual residing in Pauls Valley, Oklahoma.

2. Defendant John Doe was an employee of Defendant BOX TIP TOP TREE SERVICE at the time this cause of action arose.

3. The claims alleged herein arose out of John Doe’s actions (specified hereinafter) within Cleveland County, State of Oklahoma. Therefore, Plaintiff believes this Court has jurisdiction and venue is proper in Cleveland County, Oklahoma.

FACTUAL BACKGROUND

4. Paragraphs 1 through 3 are incorporated by reference.

5. On or about 08/16/2d[ 1 a vehicle owned by BOX TIP TOP TREE SERVICE and driven by its employee or agent, John Doe, collided with a vehicle owned and driven by Plaintiff.

6. As a result of Defendant John Doe’s negligent acts Plaintiff sustained serious bodily injuries, incurred medical bills and lost income and benefits.

FIRST CLAIM FOR RELIEF — NEGLIGENCE

7. Paragraphs 1 through 6 are incorporated by reference.
8. Defendant John Doe breached their duty (a) to maintain a lookout consistent with the safety of other persons, anchor (b) to exercise ordinary care in operating his motor vehicle to prevent injury to other persons, and/or (c) Defendant violated Oklahoma’s rules of the road.

9. Defendant John Doe’s negligence caused bodily injury, property damage and financial losses and damages to Plaintiff.

RESPONDEAT SUPERIOR

10. Defendant BOX TIP TOP TREE SERVICE is a business entity that can only act through its officers, employees and other individual agents. Any act or omission of Defendant’s officers, employees and other agents is the act or omission of Defendant.

12. Therefore, if any employee, officer or other agent of BOX TIP TOP TREE SERVICE (such as John Doe) is found to have harmed Plaintiff in any way as alleged herein, Defendant is liable to Plaintiff for his injuries and damages.
PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendant for damages in excess of Ten Thousand Dollars ($10,000.00) each, plus interest, costs, attorneys fees, and such other relief as the Court may deem proper.

Outcome: NOW ON THIS 16th day of October, 2012, this matter comes on for hearing before the undersigned Judge of the District Court. After hearing testimony of the Plaintiff, and being filly advised, this Honorable Court makes the following findings:

1. The Court Finds that on August 16, 2011, Rachelle Marlene Garcia was injured in a motor vehicle accident.

2. The Court finds that the accident occurred in Cleveland County, Oklahoma and therefore jurisdiction is proper.

3. A compromise agreement has been reached wherein the Defendant, Box Tip Top Tree Service has offered and the Plaintiff, Nestor Garcia, Individually and on behalf of his minor child, Rachelle Marlene Garcia, the sum of Thirteen Thousand Five Hundred Dollars ($13,500.00) in settlement of all claims against Box Tip Top Tree Service.

4. A compromise agreement has been reached wherein the Defendant, Box Tip Top Tree Service has offered, and the Plaintiff, Nestor Garcia, has accepted individually, and on behalf of his minor child, Rachelle Marlene Garcia, the sum of Thirteen Thousand Five Hundred Dollars ($13,500.00) in settlement of all claims against Box Tip Top Tree Service.

5. The Court finds that the parties have reached an informed decision to waive their right to trial by jury or the Court. They are fully aware of the consequences of settlement of this matter. Plaintiff is aware that once the Court approves the settlement, he shall be forever barred from making any additional claims, even in the event the medical condition of Rachelle Marlene Garcia changes for the worse in a way that is unanticipated.

6. The Court finds that this compromise agreement represents settlement of all claims, including but not limited to, past and future pain of body and mind, past and future expenses for medical attention, past and future lost income and employment opportunity, permanent injury, physical impairment, disfigurement, and impairment of earning capacity and that this concludes any and all claims against Defendant, and that Plaintiff will be forever barred from further compensation from Defendant, and from filing any future action against Defendant arising out of this accident.

7. The Court has heard testimony relating to the medical condition and prognosis of the minor, Rachelle Marlene Garcia, and has considered other elements of damage in this case. The Court finds that the settlement agreement is fair, equitable, and in the best interests of the minor Plaintiff. The Court finds that the agreement was entered into free from fraud, coercion, threat or duress by any of the parties, or their agents, insurers, or attorneys. The settlement agreement should be, and is hereby approved by the Court.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED, by the Court, that the settlement made to the Plaintiff, Rachelle Marlene Garcia, in the amount of Thirteen Thousand Five Hundred Dollars ($13,500.00), is fair, equitable, in the best interest of the minor child, and it is hereby approved.

Dismissed with prejudice

Plaintiff's Experts:

Defendant's Experts:

Comments: