Date: 02-01-2013

Case Style: Theodore Dexter v. Diana J. Murphy

Case Number: CJ-2012-837

Judge: Gary E. Miller

Court: District Court, Canadian County, Oklahoma

Plaintiff's Attorney: George J. Kanelopoulos, Jr.

Defendant's Attorney: Anthony L. Bonner, Jr. and R. Gregory Kirby

Description: Theodore Dexter and Theresa Dexter, individually and as parents and next friends of Kenneth Dexter, a minor, sued Diana J. Murphy claiming:

1. Plaintiffs and Defendants are either residents of Canadian County, State of Oklahoma. Therefore, this Court has jurisdiction, and venue is proper.

2. Plaintiff THEODORE DEXTER is the father and is the natural parent of KENNETH DEXTER, a minor.

3. Plaintiff THERESA DEXTER is the mother and is the natural parent of KENNETH DEXTER, a minor.

4. KENNETH DEXTER, hereinafter referred to as “Minor;” is eleven (11) years of age and was born September 9, 2000.

5. The incident giving rise to this action occurred on December 7, 2011 at or near South Cherry Street and Division Street, in Union City, Canadian County, State of Oklahoma where a vehicle being operated by Derrick Murphy struck minor Plaintiff KENNETH DEXTER causing injury as a result of the incident caused by the negligence of the Defendant, Derrick Murphy (“Incident”). As a result of said incident, the Minor has a disputed claim for damages against the Defendants who deny liability for the alleged injuries and damages suffered by said Minor, and by way of compromise, Plaintiffs and Defendants have entered into a settlement agreement in consideration for a full and fmal release and discharge of and from all claims, charges and demands of said Minor arising from said incident.

6. Plaintiffs have investigated the facts surrounding and pertaining to the incident herein and the parties involved therein, and believe and allege that said proposal of the above- named parties to be in the best interest of the Minor, fully understanding that if the compromise settlement herein proposed is approved by this Court and consummated, Plaintiffs will be forever barred and prevented from seeking further recovery of compensation from Defendants, even though the injuries sustained might worsen, or be, in the future, more serious than now believed.

SECOND CAUSE OF ACTION

For their second cause of action against Defendants, Plaintiffs, in their individual capacity, states and alleges as follows:

1. Plaintiffs adopt by reference the allegations contained in the First Cause of Action and further states that as a result of the injuries sustained by said Minor, it was necessary to seek medical treatment and care of the Minor; therefore, Plaintiffs (Theodore Dexter and Theresa Dexter) have incurred and will incur in the future medical expenses, and further, they have lost and will lose services of said Minor.

Wherefore, Plaintiffs pray for judgment against the Defendants.

The Defendants, DIANA J. MURPHY, DERRICK MURPHY and JACKIE MURPHY and their insurers, TRAVELERS COMMERCIAL INSURANCE COMPANY and ALLSTATE INSURANCE COMPANY, deny generally and specifically each and every material allegation contained in Plaintiffs’ Petition.

II.

Without admission of liability, Defendants have offered to settle with Plaintiffs, THEODORE DEXTER and THERESA DEXTER, individually, and as parents and next friend of Minor, KENNETH DEXTER, in exchange for and full and final release and discharge of all claims. Said settlement is not to be deemed as an admission of liability on the part of said Defendants, but instead, said settlement is merely paid in compromise of a disputed claim in order to avoid litigation. V

III.

Said settlement is conditioned upon Plaintiffs and upon authority and Order of this Court approving the settlement between the parties and an Order of this Court dismissing with prejudice the claims of Plaintiffs.

Outcome: NOW on this 1st day of February, 2013, this matter comes on before the undersigned Judge, pursuant to the Joint Application for Order Approving Settlement of Claims of Plaintiffs THEODORE DEXTER and THERESA DEXTER, individually and as a parents and next friends of KENNETH DEXTER, a minor, (“Plaintiffs”) and for an Order of Dismissal with Prejudice (“Joint Application”), as submitted by Plaintiffs and the Defendants, DIANA MURPHY, DEXTER MURPHY and JACKIE MURPHY and their insurer TRAVELERS COMMERCIAL INSURANCE COMPANY and ALLSTATE INSURANCE COMPANY.

The Joint Application seeks the Court’s approval of the settlement agreement entered into between Plaintiffs and Defendants, and requests that the Court dismiss, with prejudice, the claims of Plaintiffs against the Defendants.

The Court, after having reviewed the stipulations included in the Joint Application, after hearing sworn testimony of Plaintiffs, and being fully advised in the premises, finds as follow:

1. THEODORE DEXTER and THERESA DEXTER, individually and as a parents and next friends of KENNETH DEXTER, a minor, have legal custody of KENNETH DEXTER and is the proper party to bring litigation on behalf of KENNETH DEXTER.

2. This action arises out of a incident that occurred on or about December 7, 2011 at or near South Cherry Street and Division Street, in Union City, Canadian County, State of Oklahoma where a vehicle being operated by Derrick Murphy struck minor Plaintiff KENNETH DEXTER causing injury as a result of the incident caused by the negligence of the Defendant, Derrick Murphy (“Incident”).

3. As a result, it is claimed that KENNETH DEXTER suffered injuries and incurred medical bills for treatment of injuries sustained in the incident.

4. Plaintiffs THEODORE DEXTER and THERESA DEXTER, individually and as a Parents and Next of Friends of KENNETH DEXTER, a minor, have entered into a settlement agreement with Defendants and insurer, they have agreed Defendants will pay a sum of $50,000.00 (Fifty Thousand dollars and no/100) ($25,000.00 from Defendants Diana & Dexter Murphy and $25,000.00 from Jackie Murphy) in exchange for which Plaintiffs THEODORE DEXTER and THERESA DEXTER, individually and as a Parents and Next of Friends of KENNETH DEXTER, a minor, agrees to forever release Defendants and their insurer from any and all claims arising out of the incident. Pursuant to the terms of the settlement agreement, settlement proceeds are to be distributed as follows:

a. The sum of Three Hundred and 00/100 dollars ($300.00) will be paid to THEODORE DEXTER and THERESA DEXTER for expenses out of pocket;

b. The sum of Nine Thousand One Hundred Fifty Four and 11/100 dollars ($9,154.11) will be paid to Health Care Services Corporation for Subrogation lien;

c. The sum of Twenty thousand seven hundred ninety one and 96/100 dollars ($20,791.96) will be paid to Kanelopoulos Law Firm, P.C. for attorneys’ fees and expenses;

d. The sum of Nineteen thousand seven hundred fifty three and 93/100 dollars ($ 19,753.93) will be placed in a trust for minor KENNETH DEXTER.

5. In consideration thereof, Plaintiffs THEODORE DEXTER and THERESA DEXTER, individually and as a Parent and Next of Friend of KENNETH DEXTER, a minor, agrees to forever release said Defendants and their insurer from any and all claims arising out of the Incident which occurred on or about December 7, 2011 in Union City, Canadian County, State of Oklahoma where a vehicle being operated by Derrick Murphy struck minor Plaintiff KENNETH DEXTER causing injury.

6. Plaintiffs acknowledge they knew they do not have to settle this claim on behalf of KENNETH DEXTER. Plaintiffs acknowledge they could try this matter to a judge or a jury and allow the judge or jury to determine the appropriate recovery, if any, for any claims of KENNETH DEXTER. Further, they acknowledge they knew they could refrain from settling the claims of KENNETH DEXTER and allow KENNETH DEXTER to pursue his claims at any time between now and within one year after he reaches the age of eighteen (18) and in so doing, KENNETH DEXTER could at any time on or before one year after he reaches the age of eighteen (18) either settle his claims or try his claims to a judge or a jury and allow the judge or jury to determine the appropriate recovery, if any, for his personal claims.

7. Plaintiffs understand that a judge or jury trying the claims of KENNETH DEXTER might award the same amount, a higher amount, a lesser amount, or no amount than the settlement reflected herein.

8. Plaintiffs understand that by entering into today’s settlement agreement and obtaining approval from this Court, they are forever giving up and forever waiving the right of KENNETH DEXTER to pursue his claims (either by settlement or trial) at any time between now and one year after the date he reaches the age of eighteen (18).

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

10. The payments referenced herein are being made in consideration for a full release of any and all claims related to the Incident that may exist now or in the future against Defendants and its insurer, whether known or unknown, and are contingent upon the Court ordering Plaintiffs’ claims dismissed with prejudice.

11. Plaintiffs acknowledge that they fully understand their rights, the rights of KENNETH DEXTER, and the consequences of today’s proceedings and settlement.

12. The settlement agreement referred to in the above paragraph is fair and just and is entered into by the parties of their own free will and after being fully aware of the circumstances.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Joint Application for Order Approving Settlement of Claims of Plaintiffs, THEODORE DEXTER and THERESA DEXTER, individually and as a Parent and Next of Friend of KENNETH DEXTER, a minor, and for Order of Dismissal with Prejudice, should be and is hereby granted, and this Court approves the terms of this settlement agreement as set out herein.

FURTHER, the Court hereby dismisses with prejudice the claims of Plaintiffs THEODORE DEXTER and THERESA DEXTER, individually and as a Parent and Next of Friend of KENNETH DEXTER, a minor, against the Defendants, DIANA MURPHY, DEXTER MURPHY and JACKIE MURPHY and their insurer TRAVELERS COMMERCIAL INSURANCE COMPANY and ALLSTATE INSURANCE COMPANY and hereby authorizes Plaintiffs to enter into and execute any settlement documents or releases necessary to complete the settlement reflected herein.

Plaintiff's Experts:

Defendant's Experts:

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