Case Style: Melissa Hedrick v. Harry Ledbetter
Case Number: CJ-2012-364
Judge: Gary E. Miller
Court: District Court, Canadian County, Oklahoma
Plaintiff's Attorney: J. Kyle Babbit, Babbit, Mitchell & Chance, Oklahoma City, Oklahoma
Description: COMES NOW the Plaintiffs set forth above, and herein waives venue and pray that this Honorable Court approve the settlement agreement previously entered into between the parties, all as more fully set forth below. That on 4th day of April, 2008, the minor A.D. was a pedestrian and involved in an accident involving the Defendant, Harry Ledbetter, in Oklahoma County, State of Oklahoma, wherein said minor allegedly sustained various injuries. As a result of the accident, the injured minor and the minor’s parent have asserted a claim against the Defendant and his automobile insurance policy issued by Knight Transportation.
Melissa Hedrick is the Parent and Next Friend of A.D., the injured minor, and appears to assert the injured minor’s claims and also to assert her own claims for damages and expenses sustained by them and arising out of the minor’s alleged injuries. Further, the Plaintiffs are residents in and of Canadian County, State of Oklahoma.
A compromise agreement has been reached wherein Knight Transportation has offered the sum of FIFTEEN THOUSAND AND NO/100 DOLLARS ($15,000.00). As part of this agreement, Knight Transportation has offered to pay MELISSA HEDRICK, individually and as parent and next of friend of A.D. for their claim for all necessary and incidental expenses, past and future, incurred or to be incurred because of the alleged injuries to the injured minor, A.D., and for loss of love, services and affection of the minor child due to said alleged injuries.
Melissa Hedrick, in her individual capacity, has agreed to pay her own attorney’s fees where applicable, any and all outstanding medical bills, hospital liens, physician’s liens, insurance subrogation claims, or any other claims against proceeds of this settlement from the funds given to Melissa Hedrick, individually, and have agreed to indemnify Harry Ledbetter and Knight Transportation from any further loss or claims, of any medical provider, lien claimant or subrogation claimant.
The plaintiffs believe that the settlement is fair, equitable, and in the best interest of the minor child and represents to the Court that the settlement agreement was entered into free from duress or coercion by either of the parties and that they have formed their opinions with regard to this settlement based upon their own independent beliefs and thoughts and not upon the representation of the other party.
Plaintiff, Melissa Hedrick, is aware that this settlement, if approved by Court, will fully compromise and conclude the subject claims, and that the injured minor, and the minor’s parent and next friend, will not be able to seek further compensation from Defendant, Harry Ledbetter or his insurance company, Knight Transportation, or any other person qualifying as an insured under the subject Knight Transportation policy.
Plaintiff is aware that the minor child would otherwise have the right to file a civil action for the minor’s damages within two years of the date of the accident, or within on year from the date the injured minor reached the age of majority, whichever is longer. Plaintiff is aware that the parent and next friend of the injured minor would otherwise have the right to file a civil action for the parent and next friends’ damages within two years of the date of the accident. If such civil action were pursued, the Plaintiff is aware that a jury may award either greater or lesser damages that those received in this settlement.
Wherefore, Plaintiff prays that the Court enter its Order approving the compromise agreement along with any and all other matter as required by law.
Outcome: NOW on this 22nd day of the June 2012, this cause of action comes on before the Honorable Gary E. Miller, the undersigned Judge of the District Court in and for Canadian County, State of Oklahoma, pursuant to agreement of all parties. The Plaintiff, Melissa Cross, individually and as parent and next friend of A.D., a minor, appearing with her counsel, J. Kyle Babbit of Babbit, Mitchell and Chance, P.L.L.C, and the Defendant, Harry Ledbetter (“Defendant”), not appearing, but having agreed with the settlement as evidenced by their sending of the settlement check.
Thereupon evidence and testimony was introduced and upon due consideration of the evidence and testimony and being filly advised in the premises, the Court finds as follows:
The parties were involved in a pedestrian accident which occurred on April 4, 2008, 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 plaintiff, Melissa Cross, is the natural parent of the minor child and the proper party to act as next friend for said minor.
A compromise settlement has been reached wherein the defendant, Harry Ledbetter, has offered to pay to the minor plaintiff by and through his parent and next friend, the sum of Fifteen Thousand Dollars ($15,000.00) as full and final settlement of all claims made by said minor against Harry Ledbetter for all injuries and damages sustained by the minor plaintiff together with any and all damages which may arise in the future andlor for injuries known or unknown resulting from said accident. The plaintiff has reached an informed decision to waive her right to a jury trial in which they could receive more money, less money or no money at all.
The plaintiff has been informed of the minor plaintiffs right to proceed on his own behalf after he reaches the age of majority until the age of 19 years, and they have reached an informed decision to waive the minor plaintiffs right to a jury trial.
The plaintiff is fully aware of the consequences of settlement of this matter and is aware that once the Court approves the settlement, any and all claims of the parent in their individual capacity and any and all claims of the minor against Harry Ledbetter arising from this accident shall be forever barred. The plaintiff is also aware that any and all lien holders, and providers of any services, known and unknown, must be compensated from the proceeds of this settlement.
The plaintiff has not been forced or coerced, in any manner, to enter into this settlement.
The plaintiff understands the defendant shall be released from any and all liability to plaintiff as a result of said accident.
The parent is the proper person to execute any documents on behalf of the minor plaintiff in relation to this approved settlement and Melissa Cross is the proper person to receive any money paid pursuant to this settlement agreement for the use and benefit of the minor plaintiff.
WFIEREFORE, the Court does hereby approve the above-settlement agreement, and dismisses with prejudice any and all claims of the plaintiffs against the Defendant Harry Ledbetter. The Court transfers this case to the Probate Division of the District Court for further supervision until such time as the minor plaintiff reaches the age of eighteen (18) years. The minor’s date of birth is April 22, 1998.