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Case Style: Suzanne Shideler v. Wesley E. Fritchman
Case Number: CJ-2012-227
Judge: Phillip C. Corley
Court: District Court, Payne County, Oklahoma
Defendant's Attorney: Dearra R. Godinez and Brad Leslie Robertson, Oklahoma City, Oklahoma
Description: JOINT APPLICATION FOR APPROVAL OF SETTLEMENT
Plaintiff Suzanne Shideler, as mother and next friend of E.S., a minor (“Plaintiff’), appearing through her counsel of record, Paul S. Martin of MARTIN, JEAN & JACKSON, and Defendant, Wesley Fritchman (“Defendant”), appearing through his counsel of record, Dearra R. Godinez of PIGNATO, COOPER, KOLluR & ROBERSON, P.C., jointly move this Court to approve the settlement between the parties, and upon flail execution of settlement papers and approval of disbursements, to dismiss, with prejudice, the claims of Plaintiff. In support of the wesent Application, the parties stipulate as follows:
1. On or about December 11, 2010, ES., a minor, was injured in an automobile accident that occurred in Perkins, Payne County, Oklahoma.
2. Theparties have reached a compromised settlement agreement, where by Plaintiffhas agreed to recommend to the Court that the Defendant be released and discharged from any and all claims that Plaintiff might have arising from the accident giving rise to this lawsuit in exchange for payment made to Plaintiff by United Financial Casualty Company on behalf of Defendant, Wesley Fritchman, in the amount of Twenty-five Thousand Dollars ($25,000.00).
3. The parties agree that the payment of Twenty-five Thousand Dollars ($25,000.00) is made in accordance with this settlement agreement and shall not be construed as an admission of liability on the part of the Defendant, Wesley Fritchman, but, rather, is paid in compromise of a dispute of a claim in order to avoid further litigation of the Plaintiffs claims.
4. The parties have entered into this compromise settlement agreement voluntarily and of their free will and believe the agreement to be just and fair and in the best interests of the minor child.
WHEREFORE, Plaintiff, Suzanne Shideler, as mother and next friend of E.S., a minor, and Defendant, Wesley Fritchman, move this Court to approve the settlement agreement, as set forth above, and upon further application to dismiss Plaintiffs claims, withprejudice, to further litigation.
Outcome: Now on this 7th day of June, 2012, this cause comes on before the Honorable Phillip C. Corley, the undersigned Judge of the District Court in and for Payne County, Oklahoma, pursuant to agreement of all parties. Plaintiff, Suzanne Shideler, as Mother and Next Friend of E.S., a minor, (“Plaintiff’), appearing through her counsel of record, Paul Martin of MARTIN, JEAN & JACKSON; and Defendant, Wesley Fritebman (“Defendant”) appearing through his counsel of record, Aaron P. Budd, of PIGNATO, COOPER, KOLKER AND ROBERSON, P.C.
It was thereupon stated to the Court by the parties that a settlement agreement has been reached by which United Financial Casualty Company has agreed to pay to Suzanne Shideler, as Mother and Next Friend of E.S., a minor, the sum of Twenty-five Thousand Dollars ($25,000.00), in exchange for the release and discharge of Defendant, Wesley Fritchman, from any and all claims that Plaintiff may have arising from the accident, giving rise to this lawsuit.
It was further stated to the Court by all parties that this 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.
Whereupon, the Court proceeded to hear the evidence of witnesses. The Court finds that the settlement is in the best interests of the minor and should be approved.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that the Plaintiff, Suzanne Shideler, as Mother and Next Friend of E.S., a minor, is hereby awarded the sum of Twenty-five Thousand Dollars ($25,000.00), inclusive of all costs, interests and attorneys fees, if any. Settlement and distribution is in the best interest of the minor child, E.S., and should be approved. The funds should be allocated by checks made payable to Suzanne Shideler, as Mother and Next Friend of E.S., a minor, and any applicable lienholders or subrogration claimants.
ITIS FURTHER ORDERED, ADJUDGED AND DECREED, pursuantto l20.S. § 83, that the settlement proceeds of the minor, E.S., 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 these funds not be withdrawn without order of the Court authorizing future withdrawals, unless and until the minor reaches the age of majority. The parties have informed the Court that the minor’s proceeds will be deposited at the following financial institution: Spirit Bank of Drumright, Oklahoma. By way of separate order, Plaintiff must provide proof of deposit in said institution witbi twenty (20) days.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this case be transferred to the Probate Division of the Payne County District Court.