Date: 11-08-2012

Case Style: Hilario Delgado Ruiz v. Retha Riley

Case Number: CJ-2012-5550

Judge: Barbara G. Swinton

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: S. Bren Sorenson

Defendant's Attorney: Heather Munzuris

Description: Hilario Delgado Ruiz and Rosa Martha Garcia, individually and as parents and next friends of Alejandra Delgado Garcia and Jose Alberto Delgado Garcia, minors, sued Retha Riley and Gene A. Sutherland on negligence theories.

Defendants Retha Riley and Gene A. Sutherland deny generally and specifically each and every material allegation contained in the Petition and reserve the right to assert affirmative defenses if this settlement is not approved by the Court pursuant to Oklahoma statutory law and 12 O.S. § 83. Without admission of liability, Defendants offer Plaintiffs $12,750.00 ($6,75Ofor A lejandra Del gado Garcia and $6, 000 for Jose Alberto Delgado Garcia in bodily injury liability coverage under the insurance policy between Gene A. Sutherland and Oklahoma Farm Bureau Mutual Insurance Company or “Farm Bureau’), the amount not to be deemed an admission on Defendants’ part, but paid only to avoid litigation. The $12,750.00 is conditioned on the Court’s approval of the settlement, full release and indenmification of Defendants Retha Riley and Gene A. Sutherland and Farm Bureau as well as Plaintiffs dismissing all claims arising out of the a ent with prejudice.

Outcome: Pursuant to the parties’ Joint Application for Approval of Minor’s Settlement under Oklahoma statutory law and 12 O.S. § 83, the parties seek approval of a settlement agreement whereby Plaintiffs release and indemnify Defendants Retha Riley and Gene A. Sutherland and Oklahoma Farm Bureau Mutual Insurance Company or “Farm Bureau” against all claims arising from the accident at issue and further request the Court dismiss Plaintiffs’ claims with prejudice. After reviewing the stipulations and sworn testimony of the parties, the Court finds:

1. Jurisdiction and venue are proper.

2. Hilario Delgado Ruiz and Rosa Martha Garcia are the natural parents of Alejandra Delgado Garcia and Jose Alberto Delgado Garcia, minors who claim personal injuries resulting from the June 26, 2011 Oklahoma County automobile accident.

3. The parents, individually, claim that as a result of the accident, medical expenses for treatment and care of the minor have been incurred and will be incurred and that they have lost services of the minor.

4. The parties have entered a settlement agreement whereby Defendants’ liability insurance carrier, Farm Bureau, will pay $12,750.00 ($6, 750 for Alejandra Delgado Garcia and $6,000 for Jose Alberto Delgado Garcia in bodily injury liability coverage under the insurance policy between Gene A. Sutherland and Oklahoma Farm Bureau Mutual Insurance Company or “Farm Bureau “, in return for Plaintiffs’ agreement to forever release Defendants Retha Riley and Gene A. Sutherland and Farm Bureau from all past, present and future claims and causes of action, whether now known or unknown, including but not limited to both contractual and extra-contractual, arising from the accident or any applicable insurance policies and contingent upon Plaintiffs dismissing all claims arising out of the accident with prejudice. Defendants and Farm Bureau do not admit liability but offer this settlement in order to avoid litigation.

5. Per terms of Alejandra Delgado Garcia’s settlement, $6,750.00 is to be disbursed immediately as follows:

a. $2,503.50 [Boggs Chiropractic Clinic] for benefit of the parents for payment and reimbursement of medical expenses related to care for the minor;

b. $00.00 for medical lien holders for medical expenses related to care for the minor;

c. $00.00 for entities with a subrogation interest, including but not limited to Oklahoma Health Care Authority, SoonerCare, TriCare, Blue Cross Blue Shield or other insurance, for medical expenses related to care for the minor;

d. $00.00 for benefit of the parents for payment and reimbursement of transportation and/or lost wages related to medical care for the minor;

e. $1,575 for attorney fees ($1,300) and costs ($75);

f. $00.00 to the minor; and

g. $2,314 shall be personally deposited by Plaintiffs into a restricted account at FAA Credit Union in Oklahoma within 10 days of the date the Order for Court Approval of Minor’s Settlement and for Restricted Account is filed and shall not be withdrawn without order of this Court authorizing the withdrawal, or until Alejandra Delgado Garcia reaches majority. Plaintiffs shall deliver a copy of this Order of Approval of Minor’s Settlement and for Restricted Account to and get an executed Receipt for Minor’s Restricted Account from an officer of the institution. Plaintiffs shall file the executed Receipt for Minor’s Restricted Account with the Court Clerk showing the monies were deposited as ordered. The institution shall disburse remaining funds to the minor upon proper showing of identification at the time the minor obtains majority (18 years of age) without further order of this Court.

6. Per terms of Jose Alberto Delgado Garcia’s settlement, $6,000.00 is to be disbursed immediately as follows:

a. $2,110.57 [Boggs Chiropractic Clinic] for benefit of the parents for payment and reimbursement of medical expenses related to care for the minor;

b. $00.00 for medical lien holders for medical expenses related to care for the minor;

c. $00.00 for entities with a subrogation interest, including but not limited to Oklahoma Health Care Authority, SoonerCare, TriCare, Blue Cross Blue Shield or other insurance, for medical expenses related to care for the minor;

d. $00.00 for benefit of the parents for payment and reimbursement of transportation and/or lost wages related to medical care for the minor;

e. $1,575 for attorney fees ($1,300) and costs ($75);

f. $00.00 to the minor; and

g. $,2314 shall be personally deposited by Plaintiffs into a restricted account at FAA Credit Union in Oklahoma within 10 days of the date the Order for Court Approval of Minor’s Settlement and for Restricted Account is filed and shall not be withdrawn without order of this Court authorizing the withdrawal, or until Jose Alberto Delgado Garcia reaches majority. Plaintiffs shall deliver a copy of this Order of Approval of Minor’s Settlement and for Restricted Account to and get an executed Receipt for Minor’s Restricted Account from an officer of the institution. Plaintiffs shall file the executed Receipt for Minor’s Restricted Account with the Court Clerk showing the monies were deposited as ordered. The institution shall disburse remaining funds to the minor upon proper showing of identification at the time the minor obtains majority (18 years of age) without further order of this Court.

7. Plaintiffs agree to and understand the following:

a. The compromise of the disputed claim is in no way to be construed as an admission of liability by Defendants to Plaintiffs;

b. Plaintiffs shall discharge from the $12,750.00 any remaining unpaid medical expenses, medical liens and subrogation amounts due to entities;

c. Approval of this settlement by the Court extinguishes all right of the parents, individually and on behalf of the minor, to bring a lawsuit and have that matter tried before a jury even though a jury might have awarded a larger or lesser verdict or no money at all.

d. Approval of this settlement by the Court waives each minor’s right to bring a lawsuit in the name of the minor within one (1) year of reaching majority (18 years of age).

e. Under the laws of the State of Oklahoma the money received shall not be withdrawn until the minor reaches the age of majority (18 years of age) or by order of this Court.

f. Approval of this settlement by the Court forever and finally terminates this such that Plaintiffs cannot come into Court at a future time and seek additional monies from Defendants Retha Riley and Gene A. Sutherland and Farm Bureau as a result of injuries the minor may have received resulting from the accident regardless of whether a change in condition is later discovered;

g. Plaintiffs have not been pressured, coerced or tricked in any manner into entering into this settlement; and

h. Plaintiffs agree the settlement agreement is fair and just and is entered into by the parties of their own free will and after being fully aware of the circumstances.

The Court orders, adjudges, decrees, grants and approves the Joint Application for Approval of Minor’s Settlement filed by the parties and the settlement agreement as set out herein. The court further dismisses Plaintiffs’ claims against Defendants with prejudice and orders Plaintiffs to enter into and execute any settlement including release and indemnification of Defendants Retha Riley and Gene A. Sutherland and Farm Bureau.

Plaintiff's Experts:

Defendant's Experts:

Comments: