Date: 10-14-2012

Case Style: Stephen Obermark v. Allstate Insurance Company

Case Number: CJ-2012-4393

Judge: Dana Kuehn

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Pro Se

Defendant's Attorney: David Mainprize

Description: Stephen Obermark sued Allstate Insurance Company claiming:

1. On or about April 25, 2011, near 1-44 and Bristow Creek, Oklahoma, the minor, Evan Obermark, was involved in an accident wherein said minor allegedly sustained various injuries. As a result of the accident, the injured minor and the minor's parent and next friend, Stephen Oberrnark (hereinafter referred to as “Plaintiff”), have asserted a claim against Allstate Insurance Company (hereinafter referred to “Defendant”). The claim is disputed as to liability and damages. Cu

2. The parent and next friend of the injured minor appears to assert the injured minor's claim and also to assert the parent’s individual claims for damages and expenses sustained by the parent arising out of the minor’s injuries.

3. A compromise agreement has been reached. Defendants’ insurer has agreed to pay and Plaintiff has agreed to accept a total of $22,000.00.

4. Distribution of the settlement amount of $22,000.00 shall be: Medical Service Providers/Subrogation Lienholders - $6,60555; Legal Fee/Costs - $0; Annuity - $15,262.28; and Stephen Oberniark, as parent and next friend of Evan Obermark, a minor -$132.17.

5. The parent, in his individual capacity, has agreed to pay his own attorney 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 her individually, and has agreed to indemnify the Defendant from any further loss or claims by any medical provider, lien claimant, or subrogated claimant.

6. The Petitioners each believe that the settlement is fair, equitable and in the best interest of the minor child and represent 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.

7. Plaintiff is aware that this settlement, if approved by the 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 the Defendants or the Defendants’ insurer, should the injured minor’s condition change or new injuries develop or be discovered after this settlement.

8. Plaintiff is also aware that by so settling the case that both the injured minor, and the minor’s parent, are giving up their rights to file a civil action against the Defendants. Plaintiff is aware that the minor Plaintiff would otherwise have the right to file a civil action for the minor’s damages within two (2) years of the date of the accident, or within one (1) year from the date the injured minor reaches 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 friend’s damages within two (2) 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 than those received in this settlement.

HEREFORE, the Petitioners pray that the Court enter its order approving the compromise agreement along with any and all other matters as required by law.

Outcome: CARTER, MARTHA: PLAINTIFF PRESENT AND APPEARING PRO SE. DEFENDANT REPRESENTED BY DAVID MAINPRIZE. CASE COMES ON FOR FRIENDLY SUIT HEARING. 1 WITNESS SWORN. REPORTER-ROBERTA JOHNSON. COURT ORDER APPROVING SETTLEMENT AGREEMENT WITH MINOR CHILD. ALL SUPPLEMENTAL ORDERS ARE FILED INSTANTER. DISMISSAL WITH PREJUDICE ENTERED. (ANNUITY FOR MINOR CHILD)

Plaintiff's Experts:

Defendant's Experts:

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