Date: 07-25-2013

Case Style: Kavon Mirzababa v. Janie Hutchens

Case Number: CJ-2013-2259

Judge: Thomas E. Prince

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Shelby Mirzababa, pro se

Defendant's Attorney: Lacy N. Vassar

Description: Kavon Mirzababa and Shirley Mirzababa, individually and as parents and next friends of R.M., a minor, sued Janie Hutchens claiming:

1. On or about February 5, 2012, in Oklahoma County, Oklahoma, he minor child was injured due to the negligence of the Defendant Janie Hutchens.

2. As a result of the negligence of the Defendant, the minor Plaintiff required medical attention, and the minor Plaintiffs parent and next friend incured certain expenses for the care of the minor Plaintiff.

WHEREFORE, Plaintiff prays for judgment against the Defendant in an amount in excess of Ten Thousand and No/lOU Dollars ($10,000.00).

Outcome: 1. The Court having reviewed the file and having heard testimony of witnesses sworn and having been fully apprised of the premises by the parties present, finds that the settlement amount of Twenty-Eight Thousand Dollars and No/Cents ($28,000.00), to be paid on behalf of the minor child, R.M., is fair and reasonable and in the best interest of the minor child and that Janie Hutchens, 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 settlement amount of Twenty-Eight Thousand Dollars and No/Cents ($28,000.00) on behalf of the minor child, R.M., is hereby approved, and Janie Hutchens is released from further liability to R.M. for any cause of action arising out of this accident.

ORDER FOR DEPOSIT/DISTRIBUTION OF SETTLEMENT PROCEEDS

Pursuant to Title 12 O.S. §83 (1981), the Court orders:

3. Immediate distribution is hereby authorized in the amount of $1,269.53, payable to Plaintiff Kavon Mirzababa and Shelby Mirzababa, individually and as parents and next friends of JiM.. a minor and Oklahoma Healthcare Authority for payment of medical expenses incurred on behalf of the minor, R.M..

4. Immediate distribution is hereby authorized in the amount of $7,206.32, payable to Plaintiff Kavon Mirzababa and Shelby Mirzababa, individually and as parents and next friends of R.M.. a minor and Dr. Steven D. Meltzner for payment of medical expenses incurred on behalf of the minor, R.M..

5. Immediate distribution is hereby authorized in the amount of $982.68 payable to Plaintiff Kavon Mirzababa and Shelby Mirzababa, indiyidually and as parents and next friends of JiM., a minor for reimbursement of medical expenses incurred on behalf of the minor, R.M..

6. The balance of the monies in the amount of $18,541.47, shall be deposited in a trust account at Weokie Credit Union 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.

7. It is directed that Plaintiff Kavon Mirzababa and Shelby Mirzababa shall have the responsibility of delivering a copy of this Order to the above-designated depository at the time the deposit is made.

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

Not appealable.

Plaintiff's Experts:

Defendant's Experts:

Comments: