Date: 10-18-2012

Case Style: Monyette Hester v. Richard Smithwick

Case Number: CJ-2012-695

Judge: Gary E. Miller

Court: District Court, Canadian County, Oklahoma

Plaintiff's Attorney: James J. Taylor

Defendant's Attorney: Kimberly Stevens and Stephen L. Olson

Description: Plaintiff, Monyette Hester, both individually and as Mother and Next Friend of Martice Hester, minor, for her cause of action against Defendant, Richard Smithwick, alleges and states:

1. Monyette Hester is the mother of Martice Hester, and is bringing this cause of action individually and as Mother and Next Friend of minor Martice Hester, a minor, against Defendant, Richard Smithwick. The Plaintiffs are residents of Canadian County.

2. On or about July 5, 2011, minor Plaintiff, Martice Hester, was thrown from the back of a vehicle operated by Defendant’s minor daughter on the 800 block of N. Willie L. Miner in Canadian County, Oklahoma.

3. As a direct result of the automobile accident, minor, Martice Hester, sustained personal injuries for which he has received medical treatment.

4. Plaintiff Parent incurred necessary and reasonable medical bills for the treatment of her minor son’s injuries resulting from said automobile accident.

5. Defendant, through his insurance carrier, has offered to settle this mailer for the policy limit .of Twenty Five Thousand Dollars ($25,000.00) and Plaintiff Parent has agreed to the settlement in consideration for dismissing this lawsuit with prejudice and executing a full and final release of all claims.

6. Plaintiff Parent has considered and evaluated the pertinent facts regarding this incident and believes that the proposed settlement is in the minor’s best interest, and fully understands that once the compromised settlement is approved by this Court and consummated, Plaintiff will be forever barred from seeking further recovery from the Defendant.

WHEREFORE, Plaintiff, Monyette Hester, individually and as Mother and as Next Friend of minor, Martice Hester, prays for judgment against Defendant, Richard Smithwick, in an amount of Twenty Five Thousand Dollars ($25,000.00).

Defendant, Richard Smithwick, by and through his undersigned attorneys, agrees that his insurance carrier has agreed to settle this matter subject to Court approval as stated in Plaintiff’s Petition and, accordingly, needs not respond to the specific allegations herein, except to admit the accident occurred at the date and location mentioned therein.

Outcome: On this 18th day of October, 2012, this matter comes on before me, the undersigned Judge of the District Court, Plaintiff, Martice Hester, a minor, appears in person and by and through his Mother and Next Friend, Monyette Hester and the Defendant, Richard Smithwick, being present by and through his counsel of record.

Thereupon evidence and testimony was introduced and upon due consideration of the evidence and testimony and being fully advised in the premises, the Court finds as follows:

The Plaintiff minor and minor of Defendant were involved in an accident which occurred on July 5, 2011, on the 800 block of N. Willie L. Miner in Canadian County, Oklahoma and as a result thereof, the minor Plaintiff received injuries and therefore Plaintiff Parent and minor Plaintiff have made claims against the Defendant. These claims are disputed both as to liability and damages.


The Plaintiff, Monyette Hester, is the Natural mother of the minor child and is the proper party to act as Next Friend for said minor.

A compromise settlement has been reached wherein the Defendant, Richard Smithwick, through his insurance carrier, has offered to pay to the minor Plaintiff by and through her mother and Next Friend, the policy limit of Twenty-Five Thousand Dollars ($25,000.00) as full and final settlement of all claims made by Plaintiff Parent and minor Plaintiff, together with any and all damages which may arise in the future and/or for injuries known or unknown resulting from said accident, and all other claims.

The Plaintiffs have reached an informed decision to waive their right to a jury trial in which they could receive more money, less money or no money at all.

The Plaintiffs have been informed of the minor Plaintiffs right to proceed on his own behalf after he reaches the age of majority until the age of 19 years, and have reached an informed decision to waive the minor Plaintiff’s right to a jury trial.

The Plaintiffs are fully aware of the consequences of settlement of this matter and are aware that once the Court approves this settlement, any and all claims of the parents in their individual capacities and any and all claims of the minor shall be forever barred. The Plaintiffs are also aware that any and all lien holders, and providers of any services, known and unknown, must be compensated from the proceeds of this settlement.

The Plaintiffs have not been forced, or coerced, in any manner, to enter into this settlement.

The Plaintiffs understand the Defendant shall be released from any and all liability to Plaintiffs as a result of said automobile accident.

The mother is the proper person to execute any documents on behalf of the minor Plaintiff in relation to this approved settlement; and Monyette Hester is the proper person to receive any money paid pursuant to this settlement agreement for the use and benefit of the minor Plaintiff.

WHEREFORE, the Court does hereby approve the above settlement agreement, and dismisses with prejudice any and all daims of the Plaintiffs against the Defendant. The Court transfers this case to the Probate Division of the District Court for further supervision until such time as the minor Plaintiff reaches the age of eighteen (18) years.

Plaintiff's Experts:

Defendant's Experts:

Comments: