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Case Style: Jim Platek v. Blade Thomas
Case Number: CJ-2012-165
Judge: Stephen R. Kistler
Court: District Court, Payne County, Oklahoma
Plaintiff's Attorney: Jim Platek, pro se
Defendant's Attorney: Michael Harriso Githens, Oklahoma City, Oklahoma
Description: COME NOW the Plaintiff, Jim Platek and Karla Platek, Individually and as Parents and Next Friends of Kellie Platek, a minor and Defendant Blade Thomas, and make joint application to this Court for an Order approving settlement among the parties and for an Order dismissing with prejudice the claims of Plaintiff. In support of their Application, the parties stipulate as follows:
1. This action arises out of an incident that occurred on Saturday, March 19,
2011, in the State of Oklahoma.
2. Plaintiffs Jim Platek and Karla Platek are the parents and next friends of minor Kellie Platek.
3. As a result of the incident referred to in Paragraph I, the minor plaintiff suffered injuries to her body. In addition, the plaintiffs, Jim Platek and Karla Platek, are obligated to pay medical expenses incurred to date by the minor plaintiff and will incur additional medical expenses in the future.
4. Defendant has offered to settle this matter for Sixteen Thousand and No! 100 Dollars ($16,000.00).
5. Plaintiff Parent has considered and evaluated the pertinent facts regarding this incident and the injuries incurred, and believe that the proposed settlement is in the best interests of the minor(s), and fully understands that once the compromised settlement is approved by this Court and consummated, Plaintiffs will be forever barred from seeking
further recovery from the defendant, even though the injuries might be worse or more serious in the future than now believed.
WHEREFORE, the Plaintiffs, and said Defendant, respectfully request this Court to approve the settlement agreement as set forth in the above paragraphs between Plaintiff and Defendant and further respectfully request the court to order the claims of the Plaintiff dismissed with prejudice.
Outcome: ORDER APPROVING SLITLEMENT
ORDER FOR DEPOSIT/DISTRIBUTION OF SETTLEMENT PROCEEDS
NOW on this day of ,2012, Plaintiff, Jim Platek and Karla Platek,
individually and as Parents and Next Fr-lends of Keffie Platek, a minor, appear in person, and Defendant Blade Thomas appears by and tluough counsel, Michael H. Githens.
ORDER APPROVING SETTLEMENT
1. The Court having reviewed the file and having heard testimony of witnesses sworn and having been fully apprised of the facts, finds that the total settlement amount of Sixteen Thousand and No/100 Dollars ($16,000.00) to be paid on behalf of the minor child, Kellie Platek, is fair and reasonable and in the best interest of the minor child, and that Blade Thomas should be released from further liability arising out of the events alleged in the above styled matter.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the total settlement amount of Sixteen Thousand and No/100 Dollars ($16,000.00) on behalf of the minor child, Kellie Platek, is hereby approved, and Blade Thomas is released from further liability to Kellie Platek for any cause of action arising out of this accident.
ORDER FOR DEPOSIT/DISI’RIBUI’ION OF SE7IUMIMF PROCEEDS
Pursuant to 12 0.5. §83, the Court orders:
2. Immediate distribution is hereby authorized in the amount of $198.00, payable to New Medical Health Care, LW, for payment of medical expenses incurred on behalf of the minor, Kellie Platek.
3. Immediate distribution is hereby authorized in the amount of $3,061.80, payable to Stiliwater Medical Center, for payment of medical expenses incurred on behalf of the minor, Kellie Platek.
4. Inintediate distribution is hereby authorized in the amount of $1,039.50, payable to Wichita Vision Institute, PA, for payment of medical expenses incurred on behalf of the minor, Kellie Platek.
5. Check or draft in the sum of $11,700.70, for the benefit of the minor Plaintiff Kellie Platek shall be deposited in a trust account for the benefit of the minor child at Rlianz Bank, and shall only be withdrawn from said depository by order of the Court authorizing the withdrawal or upon the said minor child attaining eighteen years of age.
6. It is directed that Plaintiff Jim Platek and Karla Platek, shall have the responsibility of delivering a copy of this Order to the above-designated depository at the time the deposit is made.
7. This case is hereby transferred to the Probate Division of the District Court of Payne County for supervision purposes.