Date: 04-01-2013

Case Style: Belinda Mullins v. George Gutierrez

Case Number: CJ-2012-5638

Judge: Linda G. Morrissey

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Lloyd K. Benedict

Defendant's Attorney: Aaron J. Goodman

Description: Belinda Mullins and Bradley Thomas sued George Gutierrez, Bill Durfey and Durfey Contracting on negligence and respondeat superior theories claiming:

1 On oi about the 27th day of Octobei, 2010, at oi neai Coalgate, in Coal County, State of Oklahoma, Defendant George Gutierrez failed to yield at a stop sign to the vehicle in which the minor children were riding as passengers and collided with said vehicle. All acts or omissions complained of against Defendant by Plaintiffs occurred within Coal County, State of Oklahoma. In order to effectuate a settlement between the parties, counsel for the Plaintiffs and counsel for the Defendants waive both jurisdiction and venue such that this Court can adjudicate this matter for purposes of the settlement.

2. As a result of the negligence of Defendants, George Gutierrez, and his employers, Bill Durfey and Durfey Contracting, the Plaintiffs suffered injuries and damages.

3. Plaintiff, T. T., a minor, sustained bodily injuries, including but not limited to physical and mental pain and suffering in the subject accident.

4. Plaintiff, B. T., a minor, sustained bodily injuries, including but not limited to physical and mental pain and suffering in the subject accident.

5. As a result of the negligence of Defendants, George Gutierrez, Bill Durfey and Durfey Contracting, the parents ofT. T. and B. T., minor children, have incurred medical expenses and other expenses on behalf of the minor children, T. T. and B. T.

6. At the time of the accident referred to in the above paragraphs, the Defendants, George Gutierrez, Bill Durfey and Durfey Contracting, were insured under a policy of insurance managed by AgSecurity Insurance Company.

WHEREFORE, Plaintiffs, Belinda Mullins and Bradley Thomas, individually, and as parents and next fiends ofT. T. and B. T., minor children, pray for judgment against the Defendants on their various causes of action, and any and all other just and equitable relief this Honorable Court deems proper.

Plaintiff and defendants made application for an order approving settlement and for dismissal with prejudice asserting:

1. Plaintiffs, Belinda Mullins and Bradley Thomas, are the natural parents of T. T. and E. T., minors, and are responsible for the medical expenses incurred on tLcir beh i to wit: $7,017.00.

2. This action arises out of a motor vehicle accident that occurred on or about the 27th day of October, 2010, at or near Coalgate in Coal County, State of Oklahoma, when Defendant George Gutierrez failed to yield at a stop sign to the vehicle in which the minor children were riding as passengers and collided with said vehicle. Mr. Gutierrez’ vehicle was insured under a policy of insurance managed by AgSecurity Insurance Company.

3. As a result of the accident, Plaintiffs, T. T. and E. T., minors, sustained bodily injuries, and their parents, Belinda Mullins and Bradley Thomas, have incurred medical expenses on their behalf.

4. The Plaintiffs, Belinda Mullins and Bradley Thomas, individually, and as parents and next friend of T.T. and E.T., minors, have entered into a settlement agreement with Defendants, George Gutierrez, Bill Durfey and Durfey Contracting. Defendants’ insurance carrier will pay to Plaintiffs, Belinda Mullins and Bradley Thomas, individually, and as parents and next friend of T. T. and E.T., minors, the total sum of $14,000.00, pursuant to the liability coverage provisions of the insurance policy. In exchange for the receipt of this payment from the Defendants, Plaintiffs, Belinda Mullins and Bradley Thomas, individually, and as parents and next friend of T. T. and E. T., minors, have agreed to forever release and discharge the Defendants, George Gutierrez, Bill Durfey and Durfey Contracting, from any and all claims arising out of said automobile accident.

5. It is specifically understood between the parties to the settlement agreement that the payments, which amount to the total sum of Fourteen Thousand ($14,000.00) dollars, are not an admission of liability on the part of Defendants, George Gutierrez, Bill Durfey and Durfey Contracting, or on the part of their insurance carrier, but that the payments are merely paid in compromise of a disputed claim in order to avoid litigation.

6. The parties to this settlement state that this settlement is entered into of their own free will and that they believe the settlement to be just and fair.

7. It is stipulated and agreed that there is a dispute concerning liability of this claim and that comparative negligence would be asserted in any litigated action. That as a result of a lawsuit, there could be attorney fees and costs so as to use a greater portion of available funds for litigation expenses rather than for the use and benefit of the minor children. The parties agree that settlement without contested litigation will be in the best interest of the minor children, T. T. and E. T.

WHEREFORE, the Plaintiffs, Belinda Mullins and Bradley Thomas, individually, and as parents and next friends of T. T. and E. T., minors, and Defendants, George Gutierrez, Bill Durfey and Durfey Contracting, respectfully request this Court to appoint guardians ad litem for the minor children, approve the settlement as set forth in the above paragraphs and further respectfully request the Court to order the claims of Plaintiff against the named Defendants, dismissed with prejudice.

Outcome: CARTER, MARTHA: PLAINTIFF PRESENT AND REPRESENTED BY LLOYD BENEDICT. DEFENDANT REPRESENTED BY AARON GOODMAN. CASE COMES ON FOR FRIENDLY SUIT HEARING. 1 WITNESS SWORN. REPORTER-BRENDA EL HASSAN. COURT ORDER APPROVING SETTLEMENT AGREEMENT WITH MINOR CHILD. ALL SUPPLEMENTAL ORDERS ARE FILED INSTANTER. DISMISSAL WITH PREJUDICE ENTERED. (TRUST FOR EACH MINOR CHILD)

Plaintiff's Experts:

Defendant's Experts:

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