Date: 09-17-2012

Case Style: Richard Cowan v. Martha Thomas

Case Number: CJ-2011-8354

Judge: Lisa T. Davis

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: William Archibald, Keynatta R. Bethea, Dan L. Holloway, Marissa Osenbaugh

Defendant's Attorney: Adam M. Baker, Michael G. McAtee

Description: Richard Cowan, Robyn Cowan and Aaliyah Perry sued Martha Thomas on auto negligence theories claiming that they were injured or damages as a result of a car wreck in Oklahoma County, Oklahoma caused by Thomas.

The allegations made by Plaintiffs in their Petition are not available.

1. The Defendant denies the allegations contained in Paragraphs I and 2 of Plaintiffs’ Petition and demands strict proof thereof.

AFFIRMATIVE DEFENSES

2. The incident complained of in the Plaintiffs’ Petition was caused by the negligence of third parties over whom this Defendant had no control or supervision, and therefore, liability will not attach to this Defendant.

3. The incident complained of in the Plaintiffs’ Petition was the direct result of the negligence of the Plaintiffs in a degree to either prohibit or lessen any recovery thereunder.

4. The injuries complained of by the Plaintiffs were not the proximate result of any actions of Defendant.

5. The incident complained of in the Plaintiffs’ Petition was the result of a sudden emergency andlor unavoidable casualty presented to this Defendant and, at all times pertinent thereto, this Defendant acted reasonably and prudently; and therefore, liability will not attach to this Defendant.

6. The Plaintiffs sustained no injury or were not injured as severely as alleged as a result of the incident in this suit.

7. Plaintiffs voluntarily assumed the risk of a known danger and are not entitled to recover herein.

8. The Plaintiffs’ Petition fails to state a claim upon which relief can be granted.

9. The Defendant reserves the right to amend or abandon any or all of the allegations stated.

10. It is anticipated that additional affirmative defenses will become known through the discovery process; therefore, this Defendant reserves the right to plead them as they are discovered.

WHEREFORE, the Defendant, Martha Thomas, prays that judgment be rendered in her favor, that she be awarded her costs and attorney fees, and any and all other relief the Court deems just and equitable.

Outcome: ORDER APPROVING JOINT APPLICATION FOR COURT APPROVAL OF SETTLEMENT. FOR COURT ORDER OF DISBURSEMENT AND FOR COURT ORDER OF DISMISSAL WITH PREJUDICE

NOW on this 16th day of August, 2012, this case comes on for hearing regarding the parties Joint Application for Court Ap oval of Settlement, for Court Order of Disbursement and for Court Order of Dismissal With Prejudice in the above styled litigation. The Plaintiff, Robyn Cowan, individually, as natural parent and next friend of Aaliyah Perry, a minor, appear in person, and by and through their attorney of record, Marissa T. Osenbaugh. Defendant, Martha Thoams, appears by and through her attorney of record, Adam Baker, of McAtee & Woods, P.C. The parties, through counsel, announce that they have agreed to a compromised settlement of the claims of the Plaintiff as alleged in her Petition in this action 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 the documentary evidence introduced in support of the Joint Application, the Court makes the following findings.

The Court has jurisdiction over the person of the Defendant. 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.

2. Aaliyah Perry is a minor. Robyn Cowan is the proper party to bring this action as the natural parent and next friend of Aaliyah Perry.

3. On the 1st day of October, 2010, at Northeast 63id s• And North Anderson, Oklahoma City, Oklahoma County, Oklahoma, Aaliyah Perry, a minor, was injured in an accident with the Defendant. As a result of the accident, Robyn Cowan incurred responsibility for medical bills for the injuries of the above mentioned minor.

4. Plaintiff has filed a Petition alleging that she has sustained damages as a result of the Defendant’s negligence. Defendant denies these claims.

5. The Plaintiff and Defendant’s insurer have agreed to a compromised settlement of the Plaintiffs claims against the Defendant, as follows:

a. A payment to the Plaintiff of $4,500.00 to be made by Pride National Insurance Company on behalf of the Defendant.

b. The above mentioned payment will be made in exchange for a full and complete release of Defendant, Martha Thomas, and Pride National Insurance Company.

c. Plaintiff shall within 20 days of approval by this Court of the settlement agreement, satisfS’ all outstanding liens for services rendered by healthcare providers to the above mentioned minor Plaintiff for treatment of injuries suffered as mentioned in the Plaintiffs Petition, secure from such healthcare providers properly 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. In the event such liens are not satisfied by the Plaintiff and Defendant or Pride National Insurance Company is compelled to satisf’ such liens, Plaintiff shall hold harmless and indemnify Defendant and Pride NatiOnal Insurance Company for any payments made by Defendant and Pride National Insurance Company to satisfy such liens.

6. This settlement agreement is fair, reasonable and in the best interest of the minor, Aaliyah Perry.

7. The Court finds it is in the best interest of the minor, Aaliyah Perry, to authorize Robyn Cowan to execute a release of all claims of said minor against the Defendant and Pride National Insurance Company arising from, or to arise from the above mentioned accident.

8. Emergency Medical Services is entitled to $939.00 for payment of medical services provided to Aaliyah Perry.

9. Plaintiff is entitled to $3,561.00 for the use of the minor Plaintiff. of these fund $1,125 for attorney fees, $198.20 for outstanding medical bill and $1,237.80 in trust for the minor child.

10. The monies to be received by Plaintiff; after attorneys fees, expenses and medical bills, shall be deposited into an account in accord with 12 O.S. § 83 until such ‘i” time as Aaliyah Perry attains the age of 18 years. After Aaliyah Perry 1 8th t birthday, the depository is authorized to release the funds held in trust directly to Aaliyah Perry without further Order of the Court.

12. By approving the compromised settlement agreement reached by the parties, the Court does not make an finding of liability in favor of or against Plaintiff or Defendant and the entry of this Order shall not be construed as an admission of liability by Defendant.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED,

a. The foregoing settlement agreement is in the best interest of the above mentioned minor child and should be approved.

b. The parties Joint Application for Court Approval of Settlement, for Court Order of Disbursement, and for Court Order of Dismissal With Prejudice of this settlement agreement is hereby sustained, as set out above.

c. Checks or drafts in payment of the settlement between the parties in the total sum of FOUR THOUSAND FIVE HUNDER DOLLARS) $4,500.00. for the benefit of the minor Plaintiff; Aaliyah Perry, shall be disbursed as follows:

A) $939.00 to Emergency Medical Services.

d. The balance of the monies in the amount of $S6Q shall be deposited in a federally insured account for the benefit of Aaliyah Perry, a minor at BancFirst. These monies shall be placed into said account and shall not be withdrawn without order of the Court authorizing the withdrawal, or until the minor Plaintiff reaches the age of eighteen (18) years. The date of birth of the minor Plaintiff, Aaliyah Perry, is October 10, 2009.

e. The Plaintiff Robyn Cowan, individually, and as natural parent and next friend of Aaliyah Perry, a minor, is hereby Ordered to execute a Release in Full of All Claims against the Defendant and the Defendant’s insurance carrier as mentioned above upon receipt of the settlement funds.

f. The Plaintiff, Robyn Cowan, individually, and as natural parent and next friend of Aaliyah Perry, is hereby Ordered to execute a Dismissal With Prejudice of the above styled action upon receipt of the settlement funds.

g. This Order shall not be construed as an admission of liability by any party and shall not be admitted into evidence in any proceeding other than enforcement of this Order.

h. This case is transferred to the Probate Division of the District Court for further supervision concerning withdrawal of funds from the depository.

Plaintiff's Experts:

Defendant's Experts:

Comments: