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Date: 09-17-2012

Case Style: Scott Sweger v. Food Concepts International d/b/a Abuelo's

Case Number: CJ-2011-8833

Judge: Barbara G. Swinton

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Timothy B. Hummel

Defendant's Attorney: Laurie A. Fong

Description: Scott Sweger sued Food Concepts International d/b/a Abuelo's on a general negligence theory claiming:

1. Plaintiffs are residents of Oklahoma County, Oklahoma.

2. Defendant operates numerous restaurants in Oklahoma County, Oklahoma.

3. On or about February 13, 2011, at the Abuelo’s restaurant located at 17 East Sheridan, a waiter within the course and scope of his employment, negligently injured Kasey Sweger by failing to use reasonable care in delivering unreasonably hot food.

4. Plaintiff suffered bodily injury as a result. Plaintiffs, therefore, are entitled under Oklahoma Law to compensation for all resulting harms and losses as outlined in Oklahoma Uniform Jury Instruction 4.1. WHEREFORE, Plaintiffs pray for judgment against the Defendant in an amount in excess of the jurisdictional limit for diversity jurisdiction in federal court, as compensation for harms and losses suffered, together with costs, interest, attorney’s fee, and any other relief which this Court deems just and reasonable.


NOW on this 2nd day of August, 2012, this matter comes on before mc, the undersigned Judge of the District Court, P1aindff, Kasey Sweger, a minor, appears in person add by and through her Father and Next Friend, Scott Sweger, and by and through counsel of record, Timothy B. Hummel; and Defendant Food Concepts International, d.b.a. Abuelo’s, being present by and through theii counsel of record, Laurie A. Fong.

Thereupon evidence and testimony was introduced and upon due consideration of the evidence and testimony and being fully advised in the premises, the Court finds as follows:

The minor Plaintiff Kasey Sweger was involved in an incident that occurred on February 13, 2011, and as a result thereof, the minor plaintiff sustained injuries and has made claims against the Defendant. These claims are disputed both as to liability and damages.

The Plaintiff Scott Sweger, is the Natural Father of the minor child and is the proper party to act as Next Friend for said minor.

A compromise settlement of Seven Thousand Five Hundred and No/100 Dollars ($7,500.00) has been reached. Liberty Mutual has offered to pay the minor Plaintif by and through her Father and Next Friend, the sum of Seven Thousand Five Hundred and No/100 Dollars as full and final settlement of all claims made by said minor against the Defendant, Food Concepts International, d.b.a. Abuelo’s for all injuries and damages sustained by the minor Plaintiff together with any and all damages which may arise in the future and/or for injuries known or unknown resulting from said accident.

The Plaintiffs have reached an informed decision to waive their right to a jury trial in which they could receive more money, less money or no money at all. The Plaintiffs have been informed of the minor Plaintiff’s right to proceed on her own behalf after she reached the age of majority until the age of 19 years, and they have reached an informed decision to waive the minor Plaintiff’s right to a jury trial.

The Plaintiffs are fully aware of the consequences of this settlement and aie aware that once the Court approves this settlement, any and all claims of the parents in their individual capacities and any and all claims of the minor shall be forever barred.

The Plaintiffs have not been forced or coerced, in any manner, to enter into this settlement.

The Plaintiffs understand the Defendant shall be released from any and all liability to Plaintiffs as a result of said accident,

The Father is the proper person to execute any documents on behalf of the minor Plaintiff in relation to the approved settlement; and that he is the proper person to receive any money paid pursuant to this settlement agreement for the use and benefit of the minor Plaintiff.

WHEREFORE, the Court does hereby approve the above settlement agreement, and dismisses with prejudice any and all claims of the Plaintiffs against the Defendant. The Court transfers this case to the Probate Division of the District Court of Oklahoma County for further supervision until such time as the minor Plaintiff reaches the age of eighteen (18) yars.

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