Date: 07-24-2012

Case Style: Michael Weldy, Sr. v. Shanna Bolerjack

Case Number: CJ-2012-2837

Judge: Thomas E. Prince

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Luke Abel, Abel Law Firm, Oklahoma City, Oklahoma

Defendant's Attorney: Brad L. Roberson, Aaron P. Budd and Dearra R. Godinez, Pignato, Cooper, Kolker & Roberson, P.C., Oklahoma City, Oklahoma

Description: Plaintiffs, Michael Weldy, Sr. and Tonia Scheier, Individually and as Parents and Next Friends of M.W., a minor, (“Plaintiffs”), for their Petition against Defendants, Shanna Bolerjack (“Defendant Bolerjack”) and Progressive Direct Insurance Company (“Progressive”), allege and state as follows:

1. Defendant, Bolerjack is a resident of Atoka, Atoka County, Oklahoma.

2. Defendant, Progressive Direct Insurance Company is a foreign insurance carrier.

3. On or around September 24, 2011, M.W., a minor, was injured in an automobile accident that occurred near Tushka, Atoka County, Oklahoma.

4. As a result of said accident, M.W. has suffered medical expenses, as well as emotional pain and suffering. Plaintiffs, Michael Weldy, Sr. and Tonia Scheier, have incurred medical bills in connection with M.W.’s injuries.

5. Pursuant to 12 0.5. § 137, venue is proper in Oklahoma County.

6. Pursuant to 12.0.5. § 2004(F), this Court has proper subject matter jurisdiction.

7. The injuries and damages complained of, above, were caused and/or are attributable

8. At the-time of the accident, Plaintiff,Michael Weldy, Sr., had àn automobile policy of insurance providing uninsured underinsured motorists coverage with Progressive Direct lnsurance Company. Said policy applies to the claims made herein.

9 The injuries and damages complained of, above, were caused and/or attributable to
an underinsured motorist.

WHEREFORE, the Plaintiff, Michael Weldy, Sr., individually and as Parent and Next Friend of M W, a minor, demands recovery against Defendant, Shanna Bolerjack, in the amount of $2,000.00. Further, Plaintiff, Michael Welciy, Sr., Individually ad as Parent and Next Friend of a minor, demands recovery against-Defendant, Progressive Direct Insurance Company, in the amount of $25,000.00.


ANSWER

Defendant, Shanna Bolerjack (“Defendant Bolerjack”), for her Answer to the Petition of Plaintiff, Michael Weldy, Sr., Individually and as Parent and Next Friend of M.W., a minor, (“Plaintiffs”), alleges and states as follows:

1. Defendant admits the allegations and statements contained within numerical paragraph 1 of Plaintiff’s Petition.

2. Defendant admits the allegations and statements contained within numerical paragraph 2 of Plaintiff’s Petition.

3. Defendant admits the allegations and statements contained within numerical paragraph 3 of Plaintiff’s Petition.

4. Defendant admits the allegations and statements contained within numerical paragraph 4 of Plaintiffs Petition.

5. Defendant admits the allegations and statements contained within numerical paragraph 5 of Plaintiffs Petition.

6. Defendant admits the allegations and statements contained within numerical
paragraph 6 of Plaintiff’s Petition.

7. Defendant denies the allegations and statements contained within numerical paragraph 7 of Plaintiffs Petition.

8. Defendant admits the allegations and statements contained within numerical paragraph 8 of Plaintiff’s Petition.

9. Defendant admits the allegations and statements contained within numerical paragraph 9 of Plaintiffs Petition, including the Wherefore paragraph.

Outcome: ORDER APPROVING SETTLEMENT
AND UNDERINSURED MOTORIST DISTRIBUTION

Now on this 29th day of June 2012, this cause comes on before the Honorable Donald L.
Worthington, the undersigned Judge of the District in and for Oklahoma County. The Plaintiff,
Michael Weldy, Sr., Individually and as Parent and Next Friend of M.W., a minor, (“Plaintiff’),
appearing in person and through his counsel of record, Luke Able of ABLE LAW FiRM; Defendant,
Shaima Bolerjack (“Defendant Bolerjack”), appearing by and through her counsel of record, Dearra
R. Godinez of PIGNATO, COOPER, KOLKER & ROBERSON, P.C.; and Defendant, Progressive Direct
Insurance Company (“Progressive”).

It was thereupon stated to the Court by the parties that a Settlement Agreement has been reached, by which Defendant Bolerjack has agreed to pay to Plaintiff the sum of Twenty-Five Thousand Dollars ($25,000.00).

It was further stated to the Court by the parties that the Settlement Agreement is fair and reasonable, is freely and voluntarily entered into by all concerned, and that the parties wish to have the Court approve said settlement.
It was further stated to the Court by all parties that an agreement has been reached, by which Progressive has agreed to pay to Plaintiff the sum of Twenty-Five Thousand Dollars ($25,000.00) to resolve Plaintiff’s underinsured motorist claim.

Whereupon, the Court proceeded to hear the evidence of witnesses. The Court finds that the settlement and distribution are in the best interest of the minor and should be approved.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that the Plaintiffs, Michael Weldy, Sr., Individually and as Parent and Next Friend of M.W., a minor, are hereby awarded the total sum of Fifty Thousand Dollars ($50,000.00). This distribution and settlement is in the best interest of the minor and is approved. The funds should be allocated as follows:

a. One Thousand Two Hundred Thirty-Five Dollars ($1,235.00) made payable to Atoka County Ambulance for medical services rendered to Plaintiff, Michael Weldy, Sr., Individually and as Parent and Next Friend of M.W., a minor;

b. One Thousand Four Hundred Twenty-Six Dollars and 97/00 Cents ($1,426.97) made payable to McAlester Hospital for medical services rendered to Plaintiff, Michael Weldy, Sr., Individually and as Parent and Next Friend of M.W., a minor;

c. Three Hundred Eighty-Six Dollars and 93/00 Cents ($386.93) made payable to Warren Clinic for medical services rendered to Plaintiff, Michael Weldy, Sr., Individually and as Parent and Next Friend of M.W., a minor;

d. One Hundred Four Dollars and 62/00 Cents ($104.62) made payable to Blue Sky Anesthesia for medical services rendered to Plaintiff, Michael Weldy, Sr., Individually and as Parent and Next Friend of M.W., a minor;

e. One Hundred One Dollar and 48/00 Cents ($101.48) made payable to Radiology Associates for medical services rendered to Plaintiff, Michael Weldy, Sr., Individually and as Parent and Next Friend of M.W., a minor;

f. Four Hundred Thirty-Seven Dollars ($437.00) made payable to Family Medical Center for medical services rendered to Plaintiff, Michael Weldy, Sr., Individually and as Parent and Next Friend of M.W., a minor;

g. One Hundred Eight Dollars ($108.00) made payable to Integris Pediatric Neurology for medical services rendered to Plaintiff, Michael Weldy, Sr., Individually and as Parent and Next Friend of M.W., a minor;

h. Nine Hundred Eight Dollars ($908.00) made payable to Valir Physical Therapy for medical services rendered to Plaintiff, Michael Weldy, Sr., Individually and as Parent and Next Friend of M.W., a minor;

i. Thirteen Thousand Nine Hundred Twenty-Four Dollars ($13,924.00) made payable to Ingenix Subrogation Services for medical services rendered Plaintiff, Michael Weldy, Sr., Individually and as Parent and Next Friend of M.W., a minor;

j. Twelve Thousand Five Hundred Dollars ($12,500.00) made payable to ABLE LAW FWM for legal services rendered to Plaintiff, Michael Weldy, Sr., Individually and as Parent and Next Friend of M.W., a minor;

k. Three Hundred Forty-Five Dollars and 65/00 Cents ($345.65) made payable to ABLE LAW Fllv1 for the reimbursement of legal costs associated with Plaintiff, Michael Weldy, Sr., Individually and as Parent and Next Friend of M.W., a minor, claims;

1. Seven Hundred Thirty-Seven Dollars and 50/00 Cents ($737.50) made payable to Michael Weldy, Sr., for reimbursement of out-of-pocket and medical expenses paid for M.W., a minor;

m. Two Thousand One Hundred Nineteen Dollars ($2,119.00) made payable to Michael Weldy, Sr., for lost wages in connection with obtaining medical treatment for M.W., a minor; and

n. Fifteen Thousand Six Hundred Sixty-Five Dollars and 85/00 Cents ($15,665.85) made payable to Plaintiffs, Michael Weldy, Sr., Individually and as Parent and Next Friend of M.W., a minor.

As a result, the Court finds that any and all liens and subrogation interest attached to the
settlement proceeds at issue in this litigation are hereby extinguished.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED, pursuant to 120.S. § 83, that the settlement and distribution proceeds of the minor, M.W., 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 child reaches
the age of majority. The parties have informed the Court that the minor’s proceeds will be deposited at the following financial institution: Bane First, 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 Plaintiff, Michael Weldy, Sr., Individually and as Parent and Next Friend of M.W., a minor, is hereby authorized to accept the available underinsured motorists limits from Progressive in the amount of Twenty-Five Thousand Dollars ($25,000.00).

IT IS SO ORDERED.

Plaintiff's Experts:

Defendant's Experts:

Comments: