Date: 11-30-2012

Case Style: Samanath J. Long v. Emilie Elizabeth Bartel

Case Number: CJ-2012-4792

Judge: Daman H. Cantrell

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Cynthia Lynn (Cindy) McNeely

Defendant's Attorney: A. Mark Smiling

Description: Samanath J. Long, individually and Samantha J. Long, on behalf of the Estate of Eddie C. Carrett, and as Parent and next friend of Braxton W. Long, Eddie Carl Garrett and Foxylnn A. Garrett, minors, sued Emilie Elizabeth Bartel on an auto negligence theory claiming:

1. On or about December 30, 2010, in Tulsa County, Oklahoma, Eddie C. Garrett, was involved in a motor vehicle accident wherein Eddie C. Garrett allegedly sustained injury. As a result of the motor vehicle accident, Samantha .t. Long, as common law wife of Eddie C. Garrett and minors’ parent and next friend, Samantha J. Long, for the Estate of Eddie C. Garrett arid on behalf of their minor children, Bra4on W. Long, Eddie Carl Garrett and Roxlynn A. Garrett, (hereinafter referred to collectively as “Petitioner), has asserted a claim against Emilié Elizabeth Bartel (hereinafter referred to as (“Co-PetitionerlDefendant’). Said claim is disputed both as to liability and damages.

2. Eddie C. Garrett passed from this life on February 5, 2012, from injuries not related to this wreck. Sarnantha J, Long is the common law wife and parent and next friend of the minor children, Braxton W. Long, Eddie Cart Garrett and Roxlynri A. Garrett and represents their children and her husbands’ claims for damages and expenses sustained by Eddie C. Garrett, who passed intestate. Eddie C. Garrett and Samantha J. Long are the natural parents of the minors, Braxton W. Long, Eddie Carl Garrett and Roxlynn A. Garrett.

3. A compromise agreement has been reached wherein Emille Elizabeth Bartel has offered to pay the total sum of Thirty thousand dollars ($30,000.00) to the Samantha J. Long, the common law wife of Eddie C. Garrett for his injuries and the proceeds to be divided per statute of personal property to be divided as follows:112 to Samantha J. Long, the common law wife and 1/z to be divided per stirpes to the parties minor children, pursuant to Title 85 O.S. Section B, et. seq., and further distribution of the settlement shall be: Medical Service Providers — St. Francis Hospital - $7768.00; Sibley Chiropractic, The Orthopedic Center and Mike Ward, M.D. - $22,232.00; Legal Fees for Cindy MoNeely - $4200.00; Legal Fees for Jess Oakiey Felmlee - $4,200.00; Trust for Braxton W. Long - $1,604.54; Trust for Eddie Carl Garrett - $1,604.57; Trust for Roxlynn A. Garrett -$1,604.57; and Samantha J. Long, individually- $4,813.63.

4. Distribution of the total settlement amount of Thirty thousand dollars should be in accordance with evidence submitted.

5. The attorney fees and expenses of Petitioner should be approved in accordance with evidence submitted.

6. Samantha J. Long, in her individual capacity and as parent and next friends of Braxton W. Long, Eddie Carl Garrett, and Roxlynn A. Garrett, has agreed to pay attorney’s fees where applicable, any and all outstanding medical bills, hospital liens, insurance subrogation claims, taxes, if any, and any and all other claims against the proceeds of this settlement and has agreed to indemnify and defend the Cc- Petitioners! Defendant from any further loss or claims by any medical providers, lien claimant or subrogated claimants.

7. The Petitioner believes the settlement is fair, equitable and in the best interest of the estate of Eddie C. Garrett and represents to the Court that the settlement agreement was entered into free from duress or coercion by any of the other parties hereto or their agents, attorneys or employees, and that she has formed her opinion with regard to this settlement based upon their own independent belief and thought and not upon the representation of the Defendant.

8. The Petitioner is aware that this settlement, if approved by the Court, will fully compromise arid conclude the subject claims of Eddie C. Garrett and she will not be allowed to seek any further compensation from the Defendant, Emilie Elizabeth Bartel, or her insurance carrier, after this settlement.

9. The Petitioner is also aware that by settling this case Samantha J. Long is giving up the right to file a civil action against the Co-Petitioner/Defendant or her insurance carrier. The Petitioner is aware that the minor Petitioner would otherwise have the right to file a civil action for the Eddie C. Garrett by petitioning to be appointed as personal representative of Eddie C. Garrett’s estate within two (2) years of the date of the accident, against Emilie Elizabeth Bartel. if such civil action were pursued, the Petitioner is aware that a jury could award either greater, lesser or the same compensation than that received by way of this compromise settlement.

WHEREFORE, the Petitioner and Defendant jointly request this Court enter its Order approving the compromise agreement previously reached between the parties as well as granting the Petitioner any and all other relief to which they are entitled.

Outcome: NOW on this day of-ji1r 2012, this matter coming on before rrf& the undersigned Judge of the District Court, and having reviewed the pleadings herein, heard testimony of witnesses sworn and statement of counsel, and being fully advised in the premises herein, finds as follows:

1. On or about December 30, 2010 in Tulsa County, Eddie C. Garrett was involved in a motor vehicle accident. Eddie C. Garrett has passed away from injuries not related to this accident. The minor children have been determined to be the heirs of the father’s estate. As a result of the accident, the minor and the minor’s parent and next friend, Samantha H. Long (hereinafter referred to as “Petitioner”), has asserted a claim against USAA’s insured Emilie Elizabeth Bartel .The parties have reached a compromise agreement and have requested that the Court approve the settlement.

2. THE COURT FINDS that Samantha J. Long is the proper party to act on behalf of the minor children and that she is competent.

3. THE COURT FINDS that a compromise agreement has been reached wherein the Defendant has agreed to pay a total sum of $30,000.00 for the claims of Samantha J. Long, individually, and as parent and next friend of Braxton W. Long, Eddie Carl Garrett and Roxlynn A. Garrett, minor children, representing the claims for all necessary and incidental expenses, past and future, incurred or to be incurred, because of the alleged injuries to the minors, and for loss of love, services and affection of the minor due to said alleged injuries, and attorney fees and costs, and representing full payment for pain and suffering, both past and future, permanent disability, disfigurement and any other claim the minor children may have now, or which may arise in the future, known or unknown, resulting from the said incident;.

4. Distribution of the settlement amount of Thirty thousand dollars ($30,000.00) to Samantha J. Long, the common law wife of Eddie C. Garrett for his injuries and the proceeds are to be divided per statute of personal property to be divided as follows:1/2 to Samantha J. Long, the common law wife and 1/2 to be divided per stirpes to the parties minor children, pursuant to Title 85 O.S. Section B. et. seq., and further distribution of the settlement shall be: Medical Service Providers — St. Francis Hospital - $7768.00; Sibley Chiropractic, The Orthopedic Center and Mike Ward, M.D. - $22,232.00; Legal Fees for Cindy McNeely - $4,200.00; Legal Fees for Jess Oakley Felmlee - $4,200.00; Trust for Braxton W. Long - $1,604.54; Trust for Eddie Carl Garrett - $1,604.57; Trust for Roxlynn A. Garrett - $1,604.57; and Samantha J. Long, individually - $4,813.63.

5. THE COURT FINDS that the Plaintiff has reached an informed decision to waive the right to trial by jury against this defendant. Plaintiff is fully aware of the consequences of settlement of this matter and is aware that once the Court approves this settlement and the settlement proceeds have been paid, that both the parent and the minor children, even after reaching the age of majority, shall be forever barred from making any additional claims as a result of the subject accident.

6. THE COURT FINDS that the parties have agreed, and the Court so orders, that the parent, individually, shall pay any and all outstanding medical bills, liens, attorney fees, and any other claims made against the settlement proceeds, and shall indemnify the Defendant and her insurer from any further loss.

7. The Court has heard testimony as to the elements of damage and liability in the case, and finds that the settlement agreement is fair, equitable, and in the best interest of the minor children; that it was entered into free from fraud, coercion and duress by either of the parties, their agents, insurers or attorneys. Said agreement is hereby approved by the Court.

8. THE COURT FINDS AND HEREBY ORDERS that the proposed settlement as set forth above should be and hereby is approved and upon payment of the settlement proceeds, , Emilie Elizabeth Bartel, USAA., shall be deemed to be released from any and all further liability to the other parties as a result of the incident described herein.

Dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: