Date: 09-07-2012

Case Style: Sheila Manuel v. Greg Bayouth

Case Number: CJ-2012-2952

Judge: Dana Kuehn

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Chris Knight

Defendant's Attorney:

Description: Sheila Manuel sued Greg Bayouth on an auto negligence theory claiming:

1. On June 5, 2010, Greg Bayouth was driving a motor vehicle on 21 Street just east of Memorial Avenue in Tulsa, Oklahoma. Tern Manuel was a passenger in that vehicle.

2. The Defendant negligently operated his vehicle in such a manner as to cause it to collide with the rear of a vehicle ahead of it.

3. As a result of the negligence of the Defendant, Tern Manuel was injured, impaired, suffered pain of body and mind, and Sheila Manuel incurred expenses were for Teni Manuel’s medical care and treatment.

WHEREFORE, Plaintiffs demand judgment against the Defendant in an amount less than that required for diversity jurisdiction but in excess of $10,000.00 for their damages together with the costs of this action, interest at the statutory rate, and any and all other relief to which Plaintiffs may be entitled.

Outcome: 1. The Court finds that on June 5, 2010. Tern Manuel was injured in a motor vehicle accident. A vehicle collided with the vehicle occupied by Plaintiff was driven by Greg Bayouth.

2. The Court finds that the accident occurred 21st and Memorial in Tulsa County.

3. A compromise agreement has been reached wherein the Defendant, Greg Bayouth has offered and the Plaintiff, Sheila Manuel, Individually and on behalf of her minor child, Tern Manuel, has accepted the sum of Thirteen Thousand Two Hundred and Nineteen Dollars ($13,219.00) in settlement of all claims against Greg Bayouth.

4. The Court finds that the parties have reached an informed decision to waive their right to trial by jury or the Court. They are fully aware of the consequences of settlement of this Plaintiffs are aware that once the Court approves the settlement, they shall be forever barred from making any additional claims, even in the event the medical condition of Tern Manuel changes for the worse in a way that is unanticipated.

5. The Court finds that this compromise agreement represents settlement of all claims, including but not limited to, past and future pain of body and mind, past and future expenses for medical attention, past and future lost income and employment opportunity, permanent injury, physical impairment, disfigurement, and impairment of earning capacity and that this concludes any and all claims against Defendant, and that Plaintiffs will be forever barred from further compensation from Defendant, and from filing any future action against Defendant arising out of this accident.

6. The Court has heard testimony relating to the medical condition and prognosis of the minor, Tern Manuel, and has considered other elements of damage in this case. The Court finds that the settlement agreement is fair, equitable, and in the best interests of the minor Plaintiffs. The Court finds that the agreement was entered into free from fraud, coercion, threat or duress by any of the parties, or their agents, insurers, or attorneys. The settlement agreement should be, and is hereby approved by the Court.

7. The Court has been advised by the Parties that they have been given notice of a Child Support Lien for “Terry Manuel” with a date of birth of 9/28/1968 with the social security number of xxx-xx-1787. The Court finds that the minor plaintiff, “Tern Manuel” has a date of birth of 9/30/1997 and that these settlement proceeds are paid on behalf of the minor child in exchange for the release of all claims arising out of the above referenced accident. These settlement proceeds are not subject to any child support lien.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the settlement made to the plaintiff Tern Manuel in the amount of Thirteen Thousand Two Hundred and Nineteen Dollars ($13,219.00), is fair, equitable, in the best interest of the minor child, and it is hereby approved.

Plaintiff's Experts:

Defendant's Experts:

Comments: