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Date: 03-29-2013

Case Style: Sarah Taylor v. Geico Casualty Insurance Company

Case Number: CJ-2012-6473

Judge: Mark Barcus

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney:

Defendant's Attorney:

Description: 1. This action arises out of an incident that occurred on Tuesday, May 01, 2012, in the State of Oklahoma.

2. Plaintiff Sarah Taylor is the parent and next friend of minor Brian
Lucas.

3. As a result of the incident referred to in Paragraph 1, the minor plaintiff suffered injuries to his body In addition, the plaintiff, Sarah Taylor is obligated to pay medical expenses incurred to date by the minor plaintiff and
will incur additional medical expenses in the future.

4. At the time of the automobile accident Brian Lucas was covered under a policy of insurance issued to Sarah Taylor by GEICO Casualty Company with provisions for uninsured/underinsured motorists benefits from which Sarah
Taylor, individually and as parent and next friend of Brian Lucas, is entitled to recover, and allege that the tortfeasor, Cody McCann, was an underinsured motorist at the time of this accident.

5. Defendant has offered to settle this matter for Twenty Five Thousand Dollars ($25,000.00).

6. Plaintiff Parent has considered and evaluated the pertinent facts regarding this incident and the injuries incurred, and believe that the proposed settlement is in the best interests of the minor, and fully understands that once the compromised settlement is approved by this Court and consummated, Plaintiffs will be forever barred from seeking further recovery from the defendant, even though the injuries might be worse or more serious in the future than now believed.

WHEREFORE, the Plaintiff, and said Defendant, respectfully request this Court to approve the settlement agreement as set forth in the above paragraphs between Plaintiff and Defendant and further respectfully request the court to order the claims of the Plaintiff dismissed with prejudice.

1 Defendant is unable to admit or deny the allegations contained in Plaintiffs Petition.

2. The parties have entered into a settlement agreement to resolve the claims of the Plaintiffs in the amount of Twenty Five Thousand Dollars ($25,000.00) in exchange for a dismissal with prejudice and the plaintiffs executing a release of all claims. Because the claims involve a minor child, the Defendant requests a hearing for Court Approval of said settlement.

WHEREFORE, Defendant prays that the Court enter an order approving the settlement agreement between the Plaintiffs and the Defendant in the amount of Twenty Five Thousand Dollars ($25,000.00). The Defendant also moves that upon
approval of the settlement that this case be dismissed with prejudice.

Outcome: ORDER APPROVING SE1TLEMENT

1. The Court having reviewed the file and having heard testimony of witnesses sworn and having been fully apprised of the facts, finds that the total settlement amount of Twenty Five Thousand Dollars ($25,000.00) to be paid on behalf of the minor child, Brian Lucas, is fair and reasonable and in the best interest of the minor child, and that GEICO Casualty Insurance Company should
be released from further liability arising out of the events alleged in the above styled matter.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the total settlement amount of Twenty Five Thousand Dollars ($25,000.00) on behalf of the minor child, Brian Lucas, is hereby approved, and GEICO Casualty Insurance Company is released from further liability to Brian Lucas for any cause of action arising out of this accident.

ORDER FOR DEPOSIT/DISTRIBUTION OF SETTLEMENT PROCEEDS
Pursuant to 12 0.S. §83, the Court orders:

1. Immediate distribution is hereby authorized in the amount of $345.36, payable to Oklahoma Health Care Authority, lien holder, for payment of medical expenses incurred on behalf of the minor, Brian Lucas.

2. Immediate distribution is hereby authorized in the amount of
$1464.44, payable to St. John Sapulpa, lien holder, for payment of medical expenses incurred on behalf of the minor, Brian Lucas.

3. Immediate distribution is hereby authorized in the amount of $668.00, payable to Creek County Emergency Ambulance, lien holder, for payment of medical expenses incurred on behalf of the minor, Brian Lucas.

4. Immediate distribution is hereby authorized in the amount of
$10,974.54, payable to St. Francis Hospital, lien holder, for payment of medical expenses incurred on behalf of the minor, Brian Lucas.

3. Immediate distribution is hereby authorized in the amount of $187.26, for payment of medical expenses incurred on behalf of the minor, Brian Lucas.

4. Immediate withdrawal is hereby authorized in the amount of
$8,789.60, payable to James McAuliff, attorney for Plaintiff, as and for payment of attorney’s fees and expenses incurred on behalf of the minor, Brian Lucas.

5. Check or draft in the sum of $2,758.06 for the benefit of the minor Plaintiff Brian Lucas shall be deposited in a trust account for the benefit of the minor child at Arvest, and shall only be withdrawn from said depository by order of the Court authorizing the withdrawal or upon the said minor child attaining eighteen years of age.

6. It is directed that Plaintiff Sarah Taylor, shall have the responsibility of delivering a copy of this Order to the above-designated depository at the time the deposit is made.

7. This case is hereby transferred to the Probate Division of the District Court of Tulsa County for supervision purposes.

Plaintiff's Experts:

Defendant's Experts:

Comments:



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