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Date: 07-25-2013

Case Style: Beth Pearson v. Community Enhancement Corporation

Case Number: CJ-2013-266

Judge: Patricia G. Parrish

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Adam Bush

Defendant's Attorney: F. Thomas Cordell and Alexandra Gabrielle Rupp

Description: Beth Pearson, individually and as parent and next friend of Ryalyn Pearson, a minor, sued Community Enhancement Corporation on a negligence theory claiming:

Beth Pearson, Individually and as Parent and Next Friend of Ryalyn Pea son, a Minor (“Plaintiffs”), by and through their attorney of record, Adam N. Bush, offers ibis Amended Petition pursuant to 12 Okla. Stat, § 2015(A) for causes of action agains: Community Enhancement Corporation, A domestic non-profit corporation (“Defendant”). By this Amended Petition, Plaintiff hereby dismisses without prejudice to refilling its previous conp1aint again Providence Apartments and Oklahoma City Housing Authority and alleges and states as follows:

1. This Court has jurisdiction pursuant to Title 12 Okia. Stat. § 2004 (.), in that the accident complained of herein occurred in Oklahoma County, State of Oklahoma.

2. That on or about the 1 day of August 2012, due to Defendant’s negligence, a pipe in Defendant’s structure burst, causing damage to Plaintiffs and Plaintiffs’ property.

3. As a direct result of Defendant’s negligence, Plaintiffs were foreseeably injured and suffered as follows:

a) Damage or destruction to Plaintiffs’ property;

b) Relocation and attendant damages;

c) Lost wages; and

d) Past and future mental anguish.

WHEREFORE, Plaintiffs request judgment against Defendant in an amouitt in excess of $10,000.00 and in excess of the amount required for diversity jurisdiction pursuant to Title 28 U.S.C. § 1332 as well as attorney’s fees and costs together with interest and any hither relief the court deems equitable, just, and available to Plaintiffs by law.

Defendant appeared and answered as follows:

1. This Defendant admits that it is a domestic non-Defendant corporation. This Defendant also asserts that it is subject to the Oklahoma Government Tort Claim Act.

2. This Defendant denies that the Court has jurisdiction Plaintiff has not complied with the Oklahoma Governmental Tort Act.

3. This Defendant denies the material allegations of Amended Petition and demands proof thereof.

4. This Defendant denies the material allegations of Amended Petition and demands proof thereof.

5. This Defendant denies Plaintiffs ad damnum clause as set forth in her Amended Petition.


AFFIRMATIVE DEFENSES

1. Improper party Defendant;

2. Failure to state a claim upon which relief can be granted;

3. Failure to mitigate damages;

4. This Defendant denies Plaintiff’s damages;

5. This Defendant reserves the right to amend this Answer as discovery progresses.

WHEREFORE, having answered Defendant, CEC prays that the Plaintiff take nothing by reason of her Amended Petition and that this Defendant be discharged with its costs, attorney’s fees, and any further relief to which this Court deems it entitled.

Outcome: THIS CAUSE comes on for hearing before me, the undersigned Judge, in and for Oklahoma County, State of Oklahoma, this 20th day of June, 2013, upon the Motion of Movant, Beth Pearson (also known as Laura Beth Gentry), as parent and next friend of Ryalyn Pearson, a minor, to approve and authorize the proposed settlement of all claims and causes of action which now exist or which may accrue in the ftzture in favor of Ryalyn Pearson, a minor, or Beth Pearson as parent and next friend of Ryalyn Pearson, a minor, and against Community Enhancement Corporation, Providence Apartments, Oklahoma City Housing Authority, and Oklahoma City Housing Security Corporation, arising out of the August 11, 2012, incident which caused property damages to said minor. Movant Beth Pearson, as parent and next friend of Ryalyn Pearson, a minor, appears by and through counsel, Adam N. Bush of BUSH LAW OFFICES, P.C. The Defendants, Community Enhancement Corporation, Providence Apartments, Oklahoma City Housing Authority, and Oklahoma City Housing Security Corporation appear by and through counsel, Alexandra G. Rupp of FRAILEY CHAFFIN CORDELL PERRYMAN STERKEL MCCALLA & BROWN, LLP.

The Court, having reviewed the Application to Approve And Authorize Compromise Settlement On Behalf of Ryalyn Pearson, the pleadings, and submissions; having heard testimony; and having been filly advised in the premises, FINDS THAT:

1. That BETH PEARSON, as parent and next friend of Ryalyn Pearson, a minor, is the custodial parent of Ryalyn Pearson, a minor, with the authority and power to bring this action;

2. That disputed and contested issues of liability and damages exist with regard to the claims of BETH PEARSON, as parent and next friend of Ryalyn Pearson, a minor, and of the minor, arising out of the incident of August 11, 2012, in which the minor child suffered damages.

3. That the proposed settlement of all claims and actions now existing or which may hereafter accrue in favor of BETH PEARSON, as parent and next friend of Ryalyn Pearson, a minor, and of RYAIXN PEARSON, a minor, against the defendants, Community Enhancement Corporation, Providence Apartments, Oklahoma City Housing Authority, and Oklahoma City Housing Security Corporation, which arise out of or are in any way related to, prior or subsequent to the incident of August 11, 2012, in which Ryalyn Pearson, a minor, was involved, is for the amount of Two Hundred and 00/100 Dollars ($200.00) for the damages sustained by Ryalyn Pearson, a minor. The entire amount will go to the minor.

4. BETH PEARSON, as parent and next friend of Ryalyn Pearson, a minor, has filly considered this matter; has had the opportunity to consult with counsel; has the best interest of Ryalyn Pearson, a minor, at heart and mind; and has asked the Court to approve and adopt this compromise settlement for said minor as being in the best interest of said minor.

It is therefore ORDERED, ADJUDGED AND DECREED by this Court that the proposed settlement in the amount of Two Hundred and 00/100 Dollars ($200.00) to resolve all claims which BETH PEARSON, as parent and next friend of Ryalyn Pearson, a minor, may have at the present time or which may hereafter accrue against Defendants, ConMnunity Enhancement Corporation, Providence Apartments, Oklahoma City Housing Authority, and Oklahoma City Rousing Security Corporation, arising out of or in any way related to prior or subsequent to the incident of August 11, 2012, is hereby authorized and approved. Said settlement is just, fair, equitable, and in the best interest of Ryalyn Pearson, a minor.

It is further ORDERED, ADJUDGED AND DECREED that Plaintiff, Beth Pearson, as parent and next friend of Ryalyn Pearson, a minor, is hereby authorized and empowered to execute any and all papers, forms, releases, compromise settlement documents, indemnity agreements, suit papers, dismissals, or any documents otherwise necessary to effectuate such settlement of all claims which Beth Pearson, as parent and next friend of Ryalyn Pearson, a minor, has at the present time or which may hereafter accrue against the defendants, Community Enhancement Corporation, Providence Apartments, Oklahoma City Housing Authority, and Oklahoma City Housing Security Corporation, arising out of or in any way related to the incident of August 11, 2012, and which are necessary to release and forever discharge the defendants, Community Enhancement Corporation, Providence Apartments, Oklahoma City Housing Authority, and Oklahoma City Housing Security Corporation, from any and all further claims by BETH PEARSON, as parent and next friend of Ryalyn Pearson, a minor, and by Ryalyn Pearson, a minor, which exist or may arise as a result of this incident referred to in the Amended Petition.

It is further ORDERED, ADJUDGED AND DECREED that each party is directed to pay their own costs and attorney’s fees.

Plaintiff's Experts:

Defendant's Experts:

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