Date: 12-29-2012

Case Style: Tiffany E. Mitchell v. John H. Turrentine, Jr.

Case Number: CJ-2011-6117

Judge: Mark Barcus

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Erik C. Johnson

Defendant's Attorney: Brad L. Roberson and Mitchell D. McCuistian

Description: Tiffany E. Mitchell sued John H. Turrentine, Jr. on an auto negligence theory claiming to have been injured and/or damaged in a car wreck that Plaintiff claimed was caused by Turrentine that occurred in Tulsa County, Oklahoma.

The specifics of the claims made are not available.

Defendant Turrentine appeared and answered as follows:

1. Defendant is without sufli.cient informationto either admit or denythe allegations and statements contained within numerical paraaph 1 of Plaintiffs’ Petition.

2. Defendant admits the allegations and statements contained within numerical paragraph 2 of Plaintiffs’ Petition.

3. The allegations and statements contained within numerical paragraph 3 ofPlainti.ffs’ Petition contain legEl conclusions for which no response is necessary.

4. The allegations and statements contained within numerical paragraph 4 ofPlaintiffs’ Petition contain legal conclusions for which no response is necessary.

5. Defendant denies the allegations and statements contained within numerical paragraph 5 of Plaintiffs’ Petition,

6. Defendant denies the allegations and statements contained within numerical paragraph 6 of Plaintiffs’ Petition.

7. Defendant denies the allegations and statements contained within numerical paragraph 7 of Plaintiffs’ Petition.

8. Defendant denies the allegations and statements contained within numerical paragraph 8 of Plaintiffs’ Petition.

9. Defendant denies the allegations and statements contained within the second numerical paragraph 1 of Plaintiffs’ Petition.

10. Defendant denies the allegations and statements contained within the second numerical paragraph 2 of Plaintiffs’ Petition.

AFFIRMATIVE DEFENSES

1. Plaintiffs’ Petition fails to state a claim, upon which relief can be granted.

2. The conditions and/or injuries of which Plaintiffs complain constitute preexisting conditions and/or conditions sustained prior to the alleged incident, which were neither caused, nor aggravated by this Defendant and for which this Defendant is not liable.

3. Plaintiffs’ alleged injuries and damages were caused, in whole or in part, by the negligence of a third party or parties over whom this Defendant had no control, and for whose acts this Defendant is not responsible.

4. If it is shown that thi.s Defendant, or any person acting on his behaliç was negligent, which negligence is specifically denied) the negligence of Plaintiffs exceeded any such negligence on the part of this Defendant, thereby barring Plaintiffs from recovery.

5. Plaintiffs assumed the risk of any injury.

6. Plaintiffs’ injuries or damages, if any, were the result of an unavoidable accident or sudden emergency.

7. Any damages which Plaintiffs may have suffered wete the result of superceding and/or intervening causes for which this Defendant cannot be held responsible.

8. Plaintiffs have failed to mitigate their alleged damages,

9. Plaintiffs’ medical treatment was unreasonable and unnecessary.

10. This Defendant reserves the flght to list additional Affirmative Defenses or assert additional claims as discovery progresses, and as additional information becomes known and available.

WHEREFORE, the Defendant, John fT. Turrentine Jr., respectfully requests that judgment be entered in his favor, and that he be awarded all costs extended in the defense of this matter, and for such other and further relief as this court may deem just and proper,

Outcome: ORDER APPROVING SETTLEMENT

NOW on this 20th day of November 2012, this cause comes on before The Honorable Judge Mark Barcus, the undersigned Judge of the District Court in and for Tulsa County, State of Oklahoma, pursuant to agreement of all parties. Plaintiff, Tiffany E. Mitchell, as Mother and Next Friend of T.M., a minor (“Plaintiff’), appearing in person and through her counsel of record, Erik C. Johnson, of ERIK C. JOHNSON AND ASSOCIATES, and Defendant, John H. Turrentine, Jr. (“Defendant”), appearing through his counsel of record, Mitchell D. McCuistian, OLPIGNATO, COOPER, KOLKER & ROBERSON, P C.

It was thereupon stated to the Court by the parties that a Settlement Agreement has been reached, by which the Defendant, John H Turrentrne, Jr., has agreed to pay to Tiffany E. Mitchell, as Mother and Next Friend of T.M., a minor, the sum of Four Thousand Five Hundred Dollars ($4,500.00), in exchange for the release and discharge of Defendant, John H. Turrentine, Jr., from any and all claims that Tiffany E. Mitchell, as Mother and Next Friend of T.M., a minor, might have arising from the accident giving rise to this lawsuit.

It was 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 and distribution.

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, Tiffany E. Mitchell, as Mother and next friend of T.M., minor, is hereby awarded the total sum of Four Thousand Five Hundred Dollars ($4,500.00), inclusive of all costs, interest and attorneys fees, if any. Settlement and distribution is in the best interest of the minor, T.M., and should be approved. The settlement proceeds should be distributed as follows:

a. Payable to Gerald D. Chicoine, D.C., in the amount of Piiintiff in the amount of $3,500.00.

b. Payable to Tiffany E. Mitchell, as Mother and Next Friend of T.M., a minor, in the amount of $0.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED, pursuant to 12 O.S. § 83, that the net settlement and distribution proceeds of the minor, T.M., inthe amount of, 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’s proceeds will be deposited at the following financial institution: which the Court finds reasonable. By way of separate order, Plaintiff must provide proof of deposit in said institution within ten (10) days.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this case be transferred to the Probate Division of the Tulsa County District Court.

Plaintiff's Experts:

Defendant's Experts:

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