Date: 06-23-2013

Case Style: Toby McDowell v. Russell Kevin Wright

Case Number: CJ-2013-219

Judge: Phillip C. Corley

Court: District Court, Payne County, Oklahoma

Plaintiff's Attorney: Michael Paul Martin

Defendant's Attorney:

Description: Toby McDowell sued Russell Kevin Wright on an auto negligence theory claiming:

1. That on or about July 3, 2011, on a public roadway called Broadway at its intersection with Jones, in Drumright, Creek County, Oklahoma, Defendant, Russell K. Wright, negligently pushed a vehicle into Plaintiffs’ vehicle.

2. That Plaintiffs are residents of Payne County, thus making jurisdiction of this Court just and proper.

3. That as a result of the collision caused by the negligence of Defendant, Russel K. Wright, Plaintiffs were thrown about their vehicle, suffered personal injuries, was prevented from transacting their business, suffered great pain of body and mind, incurred expenses for medical attention for said injuries, and will incur expenses for future medical attention, with general and special damages totaling a sum in excess of $75,000.00 each.

4. That at the time of the said collision, Plaintiffs Kadence McDowell and Kevin Queton were minors. Plaintiffs’ mother, Enedelia McDowell, is financially responsible for the medical expenses the Plaintiffs incurred as minors.

WHEREFORE, premises considered, Plaintiffs demand judgment against Defendant in an amount in excess of $75,000.00 each, plus court costs, prejudgment interest, postjudgment interest, and what other further relief this Court deems

Defendant did not file an answer in this case.

Outcome: NOW on this 30th day of May, 2013, Plaintiff, Enedelia McDowell, individually and as mother and next friend of Kadence McDowell and Kevin Queton, minors, appears in person and by counsel, Michael P. Martin.

ORDER APPROVING SETTLEMENT

The Court having reviewed the file and having heard testimony of witnesses sworn and having been fully apprised of the facts, find that the Underinsured Motorist settlement amount of $16,575.00 to be paid on behalf of the minor child, Kadence McDowell and the Underinsured Motorist settlement amount of $19,315.00 to be paid on behalf of the minor child, Kevin Queton, is fair and reasonable and in the best interest of the minor children.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the settlement amount of $16,575.00 on behalf of the minor child Kadence McDowell and $19,315.00 on behalf of the minor child Kevin Queton is hereby approved.

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

1. The checks in the sum of $16,575.00 for Kadence McDowell and $19,315.00 for Kevin Queton shall be delivered to Enedelia McDowell for the benefit of the minor children.

2. Immediate distribution from the amounts set forth in Paragraph 1 above is hereby authorized by the Court as follows:

a. $5,000.00 for payment of medical expenses incurred on behalf of the minor Kadence McDowell and $5,000.00 for payment of medical expenses incurred on behalf of the minor Kevin Queton.

b. $5,806.85 for attorney’s fees and expenses for Kadence McDowell and $6,720.18 for payment of attorney’s fees and expenses Kevin Queton.

3. The balance of the monies in the amount of $5,768.15 for Kadence McDowell and $7,594.82 for Kevin Queton shall be deposited with the Bank of Cushing. These monies shall be place into a trust account and shall not be withdrawn without order of the Court authorizing the withdrawal, or until the minor Plaintiff reaches the age of eighteen (18).

4. It is directed that Plaintiff Enedelia McDowell, shall have the responsibility of delivering a copy this Order to the above designated depository at the time the deposit is made.

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

Plaintiff's Experts:

Defendant's Experts:

Comments: