Date: 01-01-2013

Case Style: Russell Holcomb v. KImberly Nichols

Case Number: CJ-2012-5269

Judge: Jefferson S. Sellers

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Trevor Furlong

Defendant's Attorney: Mark A. Maguire

Description: Russell Holcomb sued Kimberly Nichols on a negligence theory claiming:

1. That on or about April 16, 2012, at Highway 51 and l29 East Avenue, Tulsa, Tulsa County, Oklahoma, the minor, P.H., 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, Russell Holcornb, hereinafter referred to as “plaintiffs”), have asserted a claim against Kimberly Nichols, (hereinafter referred to as “defendant”) . Said claim is disputed as to liability and damages.

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 claim for damages and expenses sustained by the parent arising out of the injured minor’s injuries.

3. A compromise agreement has been reached wherein defendant has offered to pay a total of $25,000 to plaintiffs.

4. Distribution of the judgment amount of $25,000.00 shall be as follows: Medical Service Providers - 12,028.48; Legal Fees — $8,785.03; Trust Account — $4,216.49; and, Russell Holconib, as parent and next friend of P.H., a minor, $0.

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

6. That 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 and not upon the representation of the co—petitioners.

7. Petitioners are 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 defendant or her insurance carrier, should the injured minor’s condition change or new injuries develop or be discovered after this settlement.

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Outcome: NOW on this 8th day of November, 2012, this matter coming on before me, the undersigned Judge of the District Court, and having heard testimony of witnesses sworn and statement of counsel and being fully advised in the premises herein finds as follows:

1. That on or about April 16,2 012, on Highway 51 and l29 East Avenue, in Tulsa, Tulsa County, Oklahoma, the parties hereto were involved in an accident. That as a result of the accident, the minor was allegedly injured, and a claim has arisen against the defendant that is disputed both as to liability and damages. The parties have reached a compromise agreement and have requested that the Court approve the settlement.

2. The Court finds that Russell Holcomb is the proper party to act on behalf of the minor child, that he is competent and is hereby appointed guardian ad litem.

3. The Court finds that a compromise agreement has been reached wherein the defendant has offered to pay a total sum of $25,000.00, representing the claim for all necessary and incidental expenses, past and future, incurred or to be incurred because of the alleged injuries to the minor, and for loss of love, services and affection of the minor child 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 child may have now, or which may arise in the future, known or unknown, resulting from the said accident.

4. Distribution of the judgment amount of $25,000.00 shall be as follows: Medical Service Providers — $12,048.48; Legal Fees - $8,785.00; Trust Account - $4,216.49; and, Russell Holco, as parent and next friend of P.H., a minor, $0.

5. The Court finds that the plaintiffs have reached an informed decision to waive the right to trial by jury. That they are fully aware of the consequences of settlement of this matter and are aware that once the Court approves this settlement, and the settlement proceeds have been paid, that both the parent and the minor even after reaching the age of majority shall be forever barred from making any additional claims as a result of the subject accident, even if the medical condition of the minor child does not continue as presently anticipated or shall unexpectedly change for the worse after this settlement.

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’s fees and any other claims made against the settlement proceeds, and shall indemnify the defendant from any further loss, as set out in the Petition herein.

7. The Court has heard testimony as to the medical condition and prognosis of the minor child, and as to the other 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 child. 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 and in the Petition, should be and is hereby approved and upon payment of the settlement proceeds, or purchase of the annuity contract, the defendant shall be deemed to be released from any and all further liability to the other parties as a result of the automobile accident described herein.

Plaintiff's Experts:

Defendant's Experts:

Comments: