Case Style: Katrina Kendricks v. Progressive Direct Insurance Company
Case Number: CJ-2011-6731
Judge: Thomas E. Prince
Court: District Court, Oklahoma County, Oklahoma
Plaintiff's Attorney: Luke Abel
Defendant's Attorney: Mitchell McCuistian
Description: Katrina Kendricks sued Progressive Direct Insurance Company on an under insured motorist breach of contract theory claiming:
1. Plaintiff Katrina Kendricks, as Mother and Next Friend of V.H., is a resident of Oklahoma County, Oklahoma.
2. On or about May 29,2012, V.H., a minor, was injured in an automobiie accident that occurred in Oklahoma County, Oklahoma.
3. As a result of the accident, V.H. has suffered medical expenses, as well as physical and emotional pain and suffering.
4. Pursuant to 12 0.5. § 137, venue is proper in Oklahoma County.
5. Pursuant to 12 0.5. § 2004(F), this Court has proper subject matter urisdiction.
6. The injuries and damages complained of above, were caused and or attributable to an underinsuredluninsured motorist.
7. At the tine of the accident, Plaintiff was insured under an automobile policy of insurance providing underinsured/uninsured motorist coverage with Progressive Direct Insurance Company.
8, Prior to this suit bIng filed, Plaintiff agreed to resolve V.H.’ s underinsured/uninsured motorist claim with Progressive Direct Insurance Company in the amount of $5,189.00.
WHEREFORE, the P1aintift, Katrina Kendrioks, a Mother and Next Friend of V,H., demands recovery against Defendant, Progressive Direct Insurance Company, in the amount of $5,189.00.
Outcome: NOW on this 30th day ofNovember 2012, this cause comes on before The Honorable Thomas E. Prince, the undersigned Judge of the District Court, in and for Oklahoma County, State of Oklahoma, pursuant to the agreement of all parties. The Plaintiff, Katrina Kendricks, as Mother and Next Friend of V.H., a minor, appearing by and through her counsel of record, Luke Abel; and Defendant, Progressive Direct Insurance Company (“Defendant”), appearing by and through its attorney of record, Mitchell D. McCuistian of PIGNATO, COOPER, KOL.KER & ROBERSON, P.C., It was thereupon stated to the court by the parties that an agreement has been reached, by which Defendant has agreed to pay to Katrina Kendricks, as Mother and Next Friend of V,H. (date of birth: 02/28/99), the awn of Five Thousand One Hundred Eighty-Nine Dollars and 0/100 ($5,189.00).
Whereupon, the court proceeded to hear the evidence of witnesses. The court finds that the distribution is in the best interest of the minor child and should be approved.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the court that the Plaintiff, Katrina Kendricks, as Mother and Next Friend of V.H., a minor, is awarded the sum of Five Thousand One Hundred Eighty-Nine Dollars ($5,189.00). This distribution is in the best interest of’ the minor and is approved. The distribution funds should be distributed as follows:
1. $1,550.80 Payable to Accident Care and Trauma Center in satisfaction of its lien;
2. $1,331.85 Payable to the Abel Law Firm for attorney fees and litigation expenses; and
3. $2,306.35 PayabLe to Katrina Kendricks, as Mother and Next Friend of V.H., a minor.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED, pursuant to 120.8. § 83, that the distribution proceeds of the minor, VA-I., 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 childreaches the age of majority. The parties have informed the court that the minor’s proceeds will be deposited at the following financial institution: IBC Bank, 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 Oklahoma County District Court.