Date: 07-24-2012

Case Style: Gary Lee Lindley v. Mitchell Blackwell

Case Number: CJ-2012-2947

Judge: Thomas E. Prince

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Gary Lee Lindley, pro se

Defendant's Attorney: Lucy N. Boyles

Description: COMES NOW the Plaintiff Gary L. Lindley and Betty D. Lindley, individually and as parent and next Mend of L. Lindley, a minor, and alleges:

1. On or about September 17, 2011, in Oklahoma County, Oklahoma, the minor child was injured due to the negligence of the Defendant MITCHELL BLACKWELL.

2. As a result of the negligence of the Defendant, the minor Plaintiff required medical attention, and the minor Plaintiffs parent and next Mend incurred certain expenses for the care of the minor Plaintiff.

WHEREFORE, Plaintiff prays for judgment against the Defendant in an amount in excess of Ten Thousand and No/100 Dollars ($10,000.00).

COMES NOW the Defendant and for response to Plaintiffs Petition and states:

1. Defendant denies specifically and generally each and every allegation contained in Plaintiffs Petition and demands strict proof thereof.

WHEREFORE, Defendant moves the court to dismiss Plaintiffs Petition.

Outcome: ORDER APPROVING SETTLEMENT
AND
ORDER FOR DEPOSIT/DISTRIBUTION OF SETTLEMENT PROCEEDS
NOW on this 15th day of June , 2012, the Plaintiff, Gary L. Lindley and Betty D. Lindley, appears in person, pro Se; and the Defendant appears by and through attorney, Lacy N. Boyles, of the firm of MIDDLETON, NOWAKOWSKI & SMITH.
ORDER APPROVING SETTLEMENT

1. The Court having reviewed the file and having heard testimony of witnesses sworn and having been fully apprised of the premises by the parties present, finds that the settlement amount of Five Thousand Nine Hundred Eighty Nine Dollars and 26/Cents ($5,989.26), to be paid on behalf of the minor child, L. Lindley, is fair and reasonable and in the best interest of the minor child and that Mitchell Blackwell, 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 settlement amount of Five Thousand Nine Hundred Eighty Nine Dollars and 26/Cents ($5,989.26) on behalf of the minor child, L. Lindley, is hereby approved, and Mitchell Blackwell is released from further liability to L. Lindley for any cause of action arising out of this accident.

ORDER FOR DEPOSIT/DISTRIBUTION OF SETTLEMENT PROCEEDS

Pursuant to Title 12 O.S. §83 (1981), the Court orders:

2. Immediate distribution is hereby authorized in the amount of$ 4295.26 . payable to Plaintiffs Gary Lindley and Betty Lindley and Accident Care & Treatment Center for payment of medical expenses incurred on behalf of the minor, L. Lindley.

3. Immediate distribution is hereby authorized in the amount of $0 payable to Plaintiff Gary L. Lindley and Betty D. Lindley for reimbursement of medical expenses incurred on behalf of the minor, L. Lindley.

4. The balance of the monies in the amount of $1,694.00 shall be deposited in a trust account at _Tinker Federal Credit Union 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.

5. It is directed that Plaintiff Gary L. Lindley and Betty P. Lindley shall have the responsibility of delivering a copy of this Order to the above-designated depository at the time the deposit is made.

6. This case is hereby transferred to the Probate Division of the District Court of Oklahoma County for supervision purposes.
Not appealable.

Plaintiff's Experts:

Defendant's Experts:

Comments: