Date: 12-16-2012

Case Style: Marlene Eagle v. Chelinos Mexican Restaurant

Case Number: CJ-2012-3153

Judge: Barbara G. Swinton

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Kevin S. Locke

Defendant's Attorney:

Description: Marlene Eagle and Darrin Gouge, individually and as parents and next friends of Selene Gouge, a minor, sued Chelinos Mexican Restaurant on a negligence theory claiming:

1. Marlene Eagle and Darrin Gouge are the parents and next friends of Selene Gouge, and are bringing this cause of action both individually and on Selene Gouge’s behalf. The Plaintiffs are residents of Oklahoma County.

2. On or about August 7, 2011, Selene Gouge was involved in an incident which resulted in bodily injury caused as a result of the negligence of Chelinos Mexican Restaurant.

3. As a direct result of the negligence of Cheinos Mexican Restaurant, the nilnor
Plaintiff suffered mental and physical injuries, past and future. In addition, the Plaintiffs, Marlene
Eagle and Datrin Gouge, are obligated to pay medical expenses incurred to date by the minor
Plaintiff and will incur additional medical expenses in the future.

WHEREFORE, Plaintiffs, Marlene Eagle and Darrin Gouge, Individually and as parents and next friends of Selene Gouge, a minor, pray for judgment against the Defendant, Chelinos Mexican Restaurant, in an amount in excess of Ten Thousand and No/lOU Dollars ($10,000.00).

Outcome: NOW on this 5th day of July, 2012, this matter comes on before me, the undersigned Judge of the District Court, Plaintiff Selene Gouge, a minor, appears in person and by and through her Parents and Next Friends, Marlene Eagle and Darrin Gouge, and by and through counsel of record, Kevin Locke; and Defendant Chelinos Mexican Restaurant being present by and through their counsel of record, Laurie A. Fong.

Thereupon evidence and testimony was introduced and upon due consideration of the evidence and testimony and being fully advised in the premises, the Court finds as follows:

The minor Plaintiff Selene Gouge was involved in an incident that occurred on August 7, 2011, and as a result thereof the minor plaintiff sustained injuries and has made claims against the Defendant. These claims are disputed both as to liability and damages.

The Plaintiffs, Marlene Eagle and Darrin Gouge, are the Natural Parents of the minor child and are the proper parties to act as Next Friends for said minor.

A compromise settlement of Eight Thousand Seven Hundred and 28/100 Dollars ($8,700.28) has been reached. Liberty Mutual has offered to pay the minor Plaintiff by and through her Parents and Next Friends, the sum of Eight Thousand Seven Hundred and 28/100 Dollars ($8,700.28) as full and fmal settlement of all claims made by said minor against the Defendant, Chelinos Mexican Restaurant for all injuries and damages sustained by the minor Plaintiff together with any and all damages which may arise in the future and/or for injuries known or unknown resulting from said accident.

The Plaintiffs have reached an informed decision to waive their right to a jury trial in which they could receive more money, less money or no money at all.
The Plaintiffs have been informed of the minor Plaintiff’s right to proceed on her own behalf after she reached the age of majority until the age of 19 years, and they have reached an informed decision to waive the minor Plaintiff’s right to a jury trial.

The Plaintiffs are fully aware of the consequences of this settlement and are aware that once the Court approves this settlement, any and all claims of the parents in their individual capacities and any and all claims of the minor shall be forever barred.

The Plaintiffs have not been forced or coerced, in any manner, to enter into this settlement.

The Plaintiffs understand the Defendant shall be released from any and all liability to Plaintiffs as a result of said incident.

The Parents are the proper persons to execute any documents on behalf of the minor Plaintiff in relation to the approved settlement; and that they are the proper persons to receive any money paid pursuant to this settlement agreement for the use and benefit of the minor Plaintiff.

WHEREFORE, the Court does hereby approve the above settlement agreement, and dismisses with prejudice any and all claims of the Plaintiffs against the Defendant. The Court transfers this case to the Probate Division of the District Court of Oklahoma County for further supervision until such time as the minor Plaintiff reaches the age of eighteen (18) years.

Plaintiff's Experts:

Defendant's Experts:

Comments: